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Is Your Health FSA an 'Excepted Benefit'? If Not, It May Be Subject to PPACA
Troutman Sanders Link to more items from this source
Aug. 16, 2012
"If the benefit credit can be cashed out by the participant, then all contributions to the health FSA are considered to be salary reduction amounts and the health FSA will not fail the maximum benefit condition. However, if the credits cannot be cashed out or can only be partially cashed out, then the health FSA will fail the maximum benefit condition unless the amount of the credit that can be directed to the health FSA does not exceed $500. If the health FSA fails the maximum benefit condition, it does not qualify as an excepted benefit."

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