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Flexible Benefits/ Cafeteria Plans
National Summary
What are flexible benefits? Flexible benefit, or cafeteria plans generally allow employees to choose between cash compensation, tax-exempt benefits, and taxable benefits without the choice itself resulting in the inclusion of the tax-exempt benefits in taxable income. Flex or cafeteria plans are authorized by Internal Revenue Code (
IRC Sec. 125
) and are often referred to as Section 125 plans. Under such a plan, it is possible for employers to provide employees with an additional benefit package at virtually no extra cost while reducing both the employer's and the employees' tax bills. Flex plans allow employers to upgrade and customize the array of benefits offered while keeping a handle on total benefit costs. Flex plans range from the most simple (that merely pay group insurance premiums with pretax dollars) to the most complex (that provide benefit credits and a choice of types and levels of benefits that may be chosen and paid for on either a pretax or post-tax basis).
Summary for [Your State]
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Resources
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Type
Title
Date
State
2652
state_comparison_charts.aspx
Guidance Documents
Advantages and Disadvantages of Flexible Benefits
National
84529
faqs.aspx
Questions & Answers
Can an early retiree continue to participate in an FSA if they are still receiving a paycheck from the company they retired from? Thanks!
01/06/2011
National
81105
faqs.aspx
Questions & Answers
Can an employee terminate his medical coverage through a Section 125 plan mid-year without a qualfiying event?
10/29/2009
National
91660
faqs.aspx
Questions & Answers
Can an employer allow the EE (spouse and dependents) to come onto the dental plan midterm as well as run through their Section 125?
05/25/2012
National
92425
faqs.aspx
Questions & Answers
Can an employer make a matching contribution to an HSA if the employee contributes?
10/11/2012
National
81257
faqs.aspx
Questions & Answers
Can employees use FSA funds for their parents' expenses, if the parents are claimed as dependents on their tax returns?
11/19/2009
National
88368
faqs.aspx
Questions & Answers
Can employees use HSA funds to pay for an adult child's medical expenses if the child is not on the employee's plan?
06/20/2011
National
80676
faqs.aspx
Questions & Answers
Can we withhold from a last paycheck to make up for a FSA deficit?
09/06/2009
National
80327
faqs.aspx
Questions & Answers
Do we need to ask employees to sign a waiver before submitting copies of documentation to collect from their Sec 125, HRA's etc.?
07/24/2009
National
82870
faqs.aspx
Questions & Answers
Doe you have information on the "tests" employers can use to see if they are meeting nondiscrimination rules for health care coverage?
07/16/2010
National
18334
timesavers.aspx
Checklists
Flexible Benefits Checklist
National
81057
faqs.aspx
Questions & Answers
I've been told that when an employee has voluntary life insurance that the premium must be deducted on an after tax basis. Is that true for voluntary AD&D, AFLAC and similar insurance that our voluntary options to the employee. We do have a Sectio
10/21/2009
National
81097
faqs.aspx
Questions & Answers
If we discontinue health insurance for our employees and they attain it on their own, can they submit the monthly premiums for reimbursement from the flexible spending account?
10/28/2009
National
86937
faqs.aspx
Questions & Answers
Is it legal to take premiums out pre-tax for things like a child's COBRA coverage or for the purchase of insurance outside of the company?
04/13/2011
National
80517
faqs.aspx
Questions & Answers
Is it true that owners, partners, and their families in an S-Corp, Sole Proprietor, Partnership, LLC or LLP, are not eligible to participate in an HRA or HSA?
08/14/2009
National
88295
faqs.aspx
Questions & Answers
Is my employer required by law to distribute SPDs for its Flexible Spending Account benefit plan?
06/16/2011
National
81365
faqs.aspx
Questions & Answers
My company offers Flexible Spending Account (FSA) to employees. Over the years, our FSA has accumulated a surplus. The surplus amount includes money forfeited from former employees. Can we give the unused amount to employees?
12/15/2009
National
82155
faqs.aspx
Questions & Answers
Our company is changing from an FSA to a high deductible with an HSA. Can employees roll over funds from the FSA to the HSA?
04/26/2010
National
82053
faqs.aspx
Questions & Answers
Our HDHP was set up on the 1st of the month, but the HSA set up was delayed (by the carrier) until the 10th of the month. Now the carrier says the HSA can't pay a claim that came in on the 6th. What can we do?
04/13/2010
National
90316
faqs.aspx
Questions & Answers
Outside enrollment period, can an employee add a spouse to his insurance plan when the spouse's insurance costs at her employer have gone up significantly?
10/28/2011
National
81520
faqs.aspx
Questions & Answers
Regarding HSA plans for >2% shareholders. If an individual is both a shareholder and an employee, can the company make a contribution to the individual's HSA plan? If so, is the contribution included in their gross income? Is it deductible?
01/12/2010
National
81830
faqs.aspx
Questions & Answers
We changed our renewal date from 1/1 to 3/1 and changed to a HDHP with an HSA account. Our FSA that has been set up since 1/1 will change to a limited medical benefit account. Can FSA elections be changed?
03/02/2010
National
90004
faqs.aspx
Questions & Answers
We deducted from employees' paychecks for an FSA plan, but forgot to tell our FSA administrator the employees signed up. How do we return the money to the employees?
09/27/2011
National
81437
faqs.aspx
Questions & Answers
We have an HDHP plan that we are funding with an HRA. There are 5 dependents interested in the Young Adult Option for dependent to age 29. Do we have to fund the HRA for the dependents?
12/22/2009
National
81517
faqs.aspx
Questions & Answers
We have an HSA based medical plan. We contribute a small amount and the employees are allowed to contribute pre-tax contributions. Are any IRS filings required?
01/11/2010
National
86265
faqs.aspx
Questions & Answers
We have distributed to employees plan documents, SPDs, and benefits booklets. However, we have not included the cafeteria plan document. Is this correct?
03/16/2011
National
80536
faqs.aspx
Questions & Answers
What are the tax and legal implications of a Vacation Buy Program?
08/17/2009
National
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