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Employer Flex Credits: You May Need to Redesign Your Cafeteria Plan
Graydon Head & Ritchey LLPLink to more items from this source
[Guidance Overview]
Dec. 28, 2015
"Notice 2015-87 provided guidance and clarification on employer flex credits and whether they count for purposes of affordability.... In order for the employer flex credits to be counted as a reduction of what the employee must pay for health plan coverage, the employee must be able to use the contributions solely to pay for health plan coverage. If the employer flex credits can be used by employees for non-health care benefits (such as life insurance or dependent care spending accounts), the flex credits will not be seen as reducing the employee's required contribution (even though the employee is paying less for the coverage). Also, flex contributions that can be used for a taxable benefit, such as cash, will not operate to reduce an employee's required contribution towards the cost of coverage."

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