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Health FSA Uniform Coverage Rule Precludes Recoupment
Delaware Employment Law Blog 
[Guidance Overview] Apr. 4, 2010
Excerpt: On March 26, 2010, the IRS released Chief Counsel Advice No. 201012060 (pdf), in which the Chief Counsel concluded that, if an employee's reimbursements from a health FSA exceed her contributions to the health FSA at the time of the termination of her employment, the employer cannot recoup the difference from the employee. Neither the previous proposed regulations nor the current proposed regulations regarding health FSAs (Prop. Treas. Reg. ? 1.125-5(d)(1) (pdf) stated explicitly that such recoupment is not permitted.
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