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Text of IRS Notice 2022-41: Additional Permitted Election Changes for Health Coverage Under Section 125 Cafeteria Plans (PDF)
Internal Revenue Service [IRS] [Official Guidance] Oct. 11, 2022 13 pages. "This notice expands the application of the permitted change-in-status rules for health coverage under a section 125 cafeteria plan. In particular, this notice addresses the situation in which, during a period of coverage (typically a plan year), a cafeteria plan participant may wish to revoke the employee's election under the cafeteria plan for other-than-self-only (family) coverage under a group health plan (other than a flexible spending arrangement (FSA)) in order to allow one or more family members to enroll in a Qualified Health Plan (QHP) through a Health Insurance Exchange in the individual market. Under this notice, the employee will be able to elect out of family coverage and into self-only coverage (or family coverage including one or more already-covered related individuals) under that health plan prospectively during a period of coverage, provided specific conditions are satisfied.... "This notice is being issued in conjunction with regulations under section 36B, which provide that the affordability of an offer of group health plan coverage for a related individual is based on the employee's cost to cover the employee and the employee's related individuals" |
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