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News Archive

All News > Dependent Care


McDermott Will & Emery Link to more items from this source
[Guidance Overview]
June 2, 2026

"The [IRS] recently announced cost-of-living adjustments to the applicable dollar limits for health savings accounts (HSAs), high-deductible health plans (HDHPs), and excepted benefit health reimbursement arrangements (HRAs) for 2027. In addition, this year's guidance includes inflation-adjusted limits for the aggregate fees that can be made available under direct primary care service arrangements (DPCSAs), which were first made available under the One Big Beautiful Bill Act (OBBBA). Most of the dollar limits currently in effect for 2026 will change for 2027."  MORE >>

Tags: Dependent Care  •  HRAs  •  HSAs  •  Health Plan Design

Internal Revenue Service [IRS] Link to more items from this source
[Official Guidance]
May 29, 2026

"For calendar year 2027, the annual limitation on deductions under section 223(b)(2)(A) for an individual with self-only coverage under a high deductible health plan is $4,500. For calendar year 2027, the annual limitation on deductions under Section 223(b)(2)(B) for an individual with family coverage under a high deductible health plan is $9,000.

"For calendar year 2027, a DPCSA is not treated as a health plan with respect to an otherwise eligible individual if the aggregate monthly fees for all DPCSAs with respect to the individual do not exceed $150 or, if the individual is covered by a DPCSA that covers more than one individual, $300.

"For calendar year 2027, a 'high deductible health plan' is defined under section 223(c)(2)(A) as a health plan with an annual deductible that is not less than $1,750 for self-only coverage or $3,500 for family coverage, and for which the annual out-of-pocket expenses (deductibles, co-payments, and other amounts, but not premiums) do not exceed $8,700 for self-only coverage or $17,400 for family coverage.

"For plan years beginning in 2027, the maximum amount that may be made newly available for the plan year for an excepted benefit HRA under Section 54.9831-1(c)(3)(viii) is $2,250."  MORE >>

Tags: Dependent Care  •  HRAs  •  HSAs  •  Health Plan Design

Ameriflex Link to more items from this source
May 29, 2026

"A DCFSA is one of the few benefits that costs relatively little to offer but delivers real, recurring value to employees. Working parents notice when their employer helps them solve an actual problem, and a DCFSA does exactly that during the most expensive childcare months of the year."  MORE >>

Tags: Dependent Care

PLANSPONSOR; registration may be required Link to more items from this source
May 14, 2026

"95% of employers reported providing parental leave coverage to birthing, non-birthing and adopting parents. However, many employers maintained a tiered structure regarding the length of that leave.... [In another survey, nearly] all (96%) organizations surveyed stated they had no plans to change their childcare or eldercare benefits, and slightly fewer (88%) reported no intention to change their flexible work arrangements."  MORE >>

Tags: Dependent Care  •  FMLA and Other Leave

Tags: Dependent Care  •  Local Regulation

Internal Revenue Service [IRS] Link to more items from this source
[Official Guidance]
Dec. 22, 2025

20 pages. "What's New: Trump account and new Form 4547.... If the child was born after 2024 and before 2029 and meets certain other requirements, the authorized individual may also elect to receive a $1,000 pilot program contribution to the child's Trump account. Both elections can be made on Form 4547, which can be filed at the same time as the authorized individual's 2025 income tax return."  MORE >>

Tags: Dependent Care

Eversheds Sutherland Link to more items from this source
[Guidance Overview]
Dec. 19, 2025

"Plan sponsors should be collaborating with their payroll vendors and recordkeepers to understand how mandatory Roth catch-up contributions will be processed for high wage earners ... [If] at least one applicable retirement plan within a controlled group permits super catch-up contributions, all controlled group retirement plans must also permit super catch-up contributions.... By February 16, 2026, each HIPAA covered entity and business associate must update its Notice of Privacy Practices (NPP) ... Some section 409A corrections under Notice 2008-113 must be completed by year-end, making now the ideal time to identify and finalize correction of any lingering errors."  MORE >>

Tags: 401(k) Plans  •  Dependent Care  •  HSAs  •  Health Plan Administration  •  OBBBA  •  Retirement Plan Design  •  SECURE 2.0

Bricker Graydon Link to more items from this source
Dec. 18, 2025

"While the increase sounds positive for employees, it can create challenges with nondiscrimination testing ... When the limit jumps to $7,500, HCEs are more likely to contribute the maximum, which can skew the ratio and increase the risk of failing the test. If you have had problems passing this test in the past, you will likely continue to have problems and potentially experience an even greater difference in the ratio."  MORE >>

Tags: Dependent Care  •  OBBBA

HUB International Link to more items from this source
Dec. 18, 2025

"One approach is to offer the DCAP benefit only to non-HCEs.... Providing employer contributions to DCAPs can significantly boost participation among non-HCEs.... Reducing or eliminating minimum contribution requirements makes the plan more accessible to lower-paid employees who may have budget constraints.... Many employees who could benefit from a DCAP do not participate simply because they do not understand the program or its value."  MORE >>

Tags: Dependent Care

Michael Best Link to more items from this source
[Guidance Overview]
Dec. 17, 2025

"As we approach 2026, employers sponsoring cafeteria plans may take advantage of several important developments that permit optional changes to plan design and administration.... [1] Dependent Care FSA limit increase.... [2] Potential introduction of Trump Accounts.... [3] Health FSA and carryover limit adjustments.... [4] Nondiscrimination testing considerations."  MORE >>

Tags: Cafeteria Plans  •  Dependent Care  •  Trump Accounts

Polsinelli PC Link to more items from this source
[Guidance Overview]
Dec. 9, 2025

"The One Big Beautiful Bill Act allows employers to raise the dependent care FSA exclusion limit starting Jan. 1, 2026. This is the first time since 1986 and offers meaningful additional tax savings for employees. Employers must amend plan documents to implement the higher limit. Without a formal update, plans will not be able to offer the increased contribution cap in 2026. Plan amendments must be executed by Dec. 31, 2025 to adopt the new limit."  MORE >>

Tags: Dependent Care

Internal Revenue Service [IRS] Link to more items from this source
[Official Guidance]
Nov. 14, 2025

21 pages; Nov. 13, 2025. "What's New: Trump account and new Form 4547.... If the child was born after 2024 and before 2029 and meets certain other requirements, the authorized individual may also elect to receive a $1,000 pilot program contribution to the child's Trump account. Both elections can be made on Form 4547, which can be filed at the same time as the authorized individual's 2025 income tax return."  MORE >>

Tags: Dependent Care

Newfront Link to more items from this source
[Guidance Overview]
Nov. 4, 2025

"Employees can reimburse dependent care expenses through a DCFSA for their qualifying children to age 13, a disabled spouse who lives with the employee for more than half the year, and disabled tax dependents who live with the employee for more than half the year.... The OBBB Increases the Dependent Care FSA Limit to $7,500"  MORE >>

Tags: Dependent Care

Tags: Dependent Care  •  HSAs  •  Misc. Benefits  •  OBBBA

HUB International Link to more items from this source
[Guidance Overview]
Oct. 27, 2025

"While DCAPs provide significant tax benefits, they do so at a cost -- participant benefit elections are generally irrevocable for the next 12 months.... The exception to this rule is when the employee experiences a qualifying event (sometimes referred to as a qualifying life event, or 'QLE') as defined by the plan."  MORE >>

Tags: Cafeteria Plans  •  Dependent Care

Bradley Link to more items from this source
[Guidance Overview]
Oct. 22, 2025

"[1] Decide whether to adopt the new $7,500 limit for 2026. [2] Amend plan documents and update employee communications and open enrollment procedures accordingly. [3] Coordinate with payroll and administrators to ensure systems and testing procedures are ready for the new limit. [4] Review historical participation data to model whether the higher cap could trigger testing failures and consider conducting prospective testing."  MORE >>

Tags: Dependent Care

Tags: Cafeteria Plans  •  Dependent Care  •  HRAs  •  HSAs  •  Health Plan Administration  •  Health Plan Design

HealthEquity Link to more items from this source
[Guidance Overview]
Sept. 30, 2025

"While the DCFSA contribution limit is increasing, [OBBBA] did not make changes to [nondiscrimination testing] requirements. You can take a few proactive steps to help increase the likelihood that your plan design does not discriminate. [1] Boost non-HCE participation ... [2] Offer incentives to NHCEs ... [3] Limit HCE elections ... [4] Conduct early or interim testing ... [5] Customize maximum elections by employee group."  MORE >>

Tags: Cafeteria Plans  •  Dependent Care

HUB International Link to more items from this source
[Guidance Overview]
Sept. 18, 2025

"At long last, the One Big Beautiful Bill Act (OBBBA) will increase the annual contribution limits for Dependent Care Assistance Programs (DCAP) ... Except for a one-year increase in the contribution limits during the COVID-19 pandemic, the contribution limits had not changed since 1986.... [1] Dependent Care Assistance Programs ... [2] Allowable expenses -- gainful employment ... [3] Allowable expenses -- care ... [4] Qualifying individuals ... [5] Annual contribution limits ".  MORE >>

Tags: Dependent Care

Congressional Research Service [CRS] Link to more items from this source
[Guidance Overview]
Sept. 5, 2025

"Available data show that very few businesses claim the 45F credit, indicating that the credit has only a minimal impact on encouraging employers to provide child care.... GAO estimated that 169 to 278 corporate business returns claimed a total of between $15.7 million and $18.8 million in the credit on their 2016 returns. For context, this represents less than 1% of corporate tax returns." [IF12379 Sep. 4, 2025]  MORE >>

Tags: Dependent Care

Lockton Link to more items from this source
[Guidance Overview]
Sept. 4, 2025

"[W]orking families should carefully consider choosing a dependent care FSA instead of taking the tax credit, based on the 2026 increase in allowed FSA contributions from $5,000 to $7,500 (or from $2,500 to $3,750 if an employee is married but filing separately).... [E]mployers [should] consider taking steps to adjust their dependent care FSAs to ensure they clear the 55% discrimination test, and that they clearly communicate the options that non-highly compensated employees have in choosing between the FSA or the tax credit."  MORE >>

Tags: Dependent Care  •  OBBBA

International Foundation of Employee Benefit Plans [IFEBP] Link to more items from this source
Aug. 19, 2025

"Rising costs and the struggles during the pandemic brought the realization that developing federal and provincial programs wasn't just long overdue but a necessary economic strategy to increase workforce participation and invest in the future. By capitalizing on government programs, employers can foster greater employee loyalty and reduce burnout -- which affects workforce productivity -- through employee-sponsored benefits that support child care."  MORE >>

Tags: Dependent Care

Willis Towers Watson Link to more items from this source
[Guidance Overview]
Aug. 13, 2025

"Increasing the maximum pre-tax contributions employees can make to a DCFSA ... may cause the DCFSA to be discriminatory under IRC section 129. This is because it is likely that highly compensated employees (HCEs) will utilize the increase more than lower-paid employees.... [C]onsider conducting projected non-discrimination testing to assess the potential for failure and the resulting tax consequences for HCEs."  MORE >>

Tags: Dependent Care

Patterson Belknap Webb & Tyler LLP Link to more items from this source
[Guidance Overview]
Aug. 7, 2025

"Although some of the OBBB's benefits provisions simply make permanent existing temporary suspensions in the Code, others will provide opportunities for enhancement or expansion of employee benefit programs.... Conversely, the OBBB also presents some challenges for employers, who must now revise how they monitor certain executive compensation amounts, and make operational changes to their payroll administration systems for certain wages such as overtime pay."  MORE >>

Tags: Dependent Care  •  Educational Assistance Benefits  •  Executive comp  •  HSAs  •  Retirement Plan Design

Newfront Link to more items from this source
[Guidance Overview]
Aug. 6, 2025

"Given the [1] nature of the 55% average benefits test, [2] OBBB enhancements to the child and dependent care tax credit, and [3] disproportionate use of the dependent care FSA by highly compensated employees, it is possible the new OBBB landscape could inadvertently lead to reduced access to the dependent care FSA in 2026."  MORE >>

Tags: Dependent Care  •  OBBBA