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Allowing Part-Time Employees to Make Health FSA Contributions May Trigger ACA Penalties
Spencer Fane Link to more items from this source
[Guidance Overview]
Dec. 22, 2014

"Under the second condition, an employer may not offer only a health FSA, with no comprehensive medical plan.... [T]his condition applies on an employee-by-employee basis. Therefore, even if an employer offers medical coverage to substantially all of its employees (such as those meeting a 'full-time' definition), it would fail to satisfy this condition with respect to any employees who are not eligible for medical coverage (but who are nonetheless allowed to make health FSA contributions). The penalty for such an ACA violation would be $100 per day for each employee in this group."

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