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Legality of Contributing to Cafeteria Plan Without Reasonable Expectation of Its Use
BenefitsLink Message BoardsLink to more items from this source
Aug. 11, 2021

"Can someone point me towards any applicable rules prohibiting cafeteria plan contributions without a reasonable expectation of use? I feel sure this can't be allowed, but I'm struggling to find specifics. Obviously, the goal is to increase compensation on paper to allow for a larger profit sharing distribution annually. The non-ERISA plan funds would typically all be forfeited back to the business each year. You could argue that anyone could 'acquire' a dependent any given year, but I wouldn't try to argue that's a reasonable expectation. It doesn't seem to pass the sniff test, but I can't even find what sniff tests might apply."

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