"Absent further guidance, the uniform coverage rule may allow an employee to make a mid-year election in 2021 (as part of the CAA relief) to contribute less to the FSA than the level of reimbursement the employee has received from the FSA for the year, creating an incentive for employees to reduce their elections. The IRS granted uniform coverage rule relief this past summer with respect to 2020 mid-year election changes, so it is possible that the IRS may grant employers some flexibility to prevent this result this time around as well."

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