Message Boards Digest

April 27, 2023

Here are the most recently added topics on the BenefitsLink Message Boards:

Chaz created a topic in Cafeteria Plans

DCAP Reimbursements After Return From Leave

"Hypothetical scenario: Employee properly elects to contribute $1,200 ($100 per month) to to her dependent care reimbursement plan (DCAP) account for 2023. Employee incurs $400 of qualified expenses in January and February of which she obtains reimbursement of $200 (because that's all she had contributed at that time). On March 1, 2023, she goes on leave (FMLA or non-FMLA leave; I don't think it matters) and elects to cease DCAP contributions at that time. On July 1, 2023, she returns from leave and elects to restart the DCAP. Can she use the $200 that she contributed in January and February (but was unable to use then) to reimburse expenses incurred in July through the end of the year or is that $200 forfeited? The cafeteria plan regulations discuss this for health FSA contributions (yes, she would be able to) but I have not been able to find anything discussing DCAP contributions. Any help or thoughts is appreciated."
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JustMe created a topic in Health Plans (Including ACA, COBRA, HIPAA)

105(h) Testing

"If I have a controlled group where one entity maintains a fully insured plan and another entity maintains a self-insured plan. For 105(h) testing purposes for the self-insured plan, it will consider those benefitting under the fully insured plan as 'not benefitting' under the self-insured plan, correct?"

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Peter Gulia created a topic in Retirement Plans in General

Would a Halt to Rulemaking and Guidance Matter for Retirement Plans?

"2023’s autumn might bring at least two possibilities for disruptions and delays in some activities of some Federal agencies, including the US Labor and Treasury departments. Not increasing the debt Congress authorizes the United States to incur might indirectly disrupt or delay the Labor and Treasury departments’ rulemaking and other guidance activities. Not continuing appropriations after September 30 and a resulting government shutdown would make it unlawful for the Labor and Treasury departments’ employees to work on rulemaking and other guidance activities. (If history is some guide about what could happen next: After November 1995, US government shutdowns have averaged about 19 days. The most recent was 35 days.) If 2023’s autumn brings a slowdown or shutdown, would a delay in rulemaking and other guidance activities matter for retirement plans and service providers?"

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401king created a topic in IRAs and Roth IRAs

SEP IRA Contribution, Rollover to 401k, Backdoor Roth in the same year?

"A client has a 401k account and historically has funded a Backdoor Roth IRA (no other IRA balances). This year, he works for another company providing him a SEP IRA contribution. May this individual immediately rollover his SEP IRA to his 401k and still be eligible for Backdoor Roth IRAs for 2023 & 2024? He would have no IRA balances at the end/beginning of either year, but I do not know if the SEP contribution eliminates the Backdoor Roth option."
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