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An Overview of Nondiscrimination Testing of Self-Insured Health Benefits
Buck Link to more items from this source
May 4, 2018
"The section 105(h) nondiscrimination rules apply to any self-insured plan that pays for or reimburses healthcare expenses. This includes not only plans providing medical, dental and vision benefits, but also health flexible spending accounts and health reimbursement arrangements....If a plan fails one of the nondiscrimination tests, ... [highly compensated participants] will lose the benefit of the applicable tax exclusion and have the value of any 'excess reimbursements' included in their income."

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