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Revocation rule question for Health FSA


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Posted

Does a mere QE change in status allow a participant to stop any remaining deferrals in the plan year or does the "consistency rule" have to be met? FSA doc doesn't exclude mid year election changes. Are the 10 examples found under paragraph © the only circumstances one can revoke an election mid year?

Scenario not found in examples: Participant A under Company Z's plan elects max $1000 as allowed under plan for plan year. Participant A marries person B mid year. Participant A wants to revoke last two payperiod deferrals and has not made any claims on account for plan year yet. In writing can A request payroll clerk at Z to stop any remaining payroll deferrals to FSA account due to status change?

I read Sec. 125-4 http://web.indstate.edu/humres/docs/Section125-4.pdf

I used changeofstatus.com and got the following results:

Your Plan: Health FSA

You can: Increase volume, dollar, or amount

But... • HIPAA special enrollment rights likely do not apply

• Must be consistent with change

You can: Decrease volume, dollar, or amount

But...

• Must be consistent with change

Again what's the " must be consistent with change" rule?

Any insight would be greatly appreciated. regards Mo'

  • 2 weeks later...
Posted

The change doesn't coincide with the event. Adding a dependent would allow you to increase (if plan doc's allow) not decrease (that would be losing a dependent).

Yes, the "consistancy rule" must be met.

Posted

My 2 cents,

The "event" of marriage caused the "changes" of Participant A gaining a dependent (spouse) and/or becoming eligible for coverage under the spouse's plan.

Stopping deferrals, by itself, is not consistent with the change caused by the event.

Was there also a change in medical coverage?

George D. Burns

Cost Reduction Strategies

Burns and Associates, Inc

www.costreductionstrategies.com(under construction)

www.employeebenefitsstrategies.com(under construction)

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