News & Analysis as of

Use or Lose Rule

Nexsen Pruet, PLLC

Employee Benefits Alert: New Developments Impact Retirement Plans & More

Nexsen Pruet, PLLC on

Year-End Amendments - The month of December is a bit different in 2013. Typically, we mark this time scrambling to amend 401(k), profit sharing, and money purchase plans in order to maintain their tax-qualified status....more

Patterson Belknap Webb & Tyler LLP

New Carryover Option for Health Flexible Spending Arrangements

Recent guidance from the IRS modifies the long-standing “use or lose it” rule under a health flexible spending arrangement (“Health FSA”) to permit such arrangements to offer participants the opportunity to carryover up to...more

Poyner Spruill LLP

IRS Modifies FSA Use-or-Lose Rule

Poyner Spruill LLP on

The IRS recently modified the “use-it-or-lose-it” rule for healthcare flexible spending accounts (FSAs) to permit a limited carryover of unspent funds from one plan year to the next. Effective immediately, plan sponsors may...more

Laner Muchin, Ltd.

New Rules Allow Cafeteria Plans To Carryover Up To $500 Of Unused Health FSA Money To The Next Plan Year

Laner Muchin, Ltd. on

Under new IRS guidance, an employer may amend its cafeteria plan to allow for up to $500 of unused amounts remaining in a health flexible spending account (FSA) at the end of a plan year to be carried forward to reimburse...more

Stinson - Benefits Notes Blog

IRS Loosens Use It Or Lose It Rule

As employers who sponsor cafeteria plans know, flexible spending accounts (FSAs) under those plans have had a “use it or lose it” rule. Under that rule, employees who participate in the spending accounts must make elections...more

Proskauer Rose LLP

IRS Changes Health FSA "Use-or-Lose" Rule; Clarifies Transition Relief for 2013-14

Proskauer Rose LLP on

On October 31, 2013, the Internal Revenue Service (IRS) released Notice 2013-71 (Notice), which modifies the "use or lose" rule for health flexible spending accounts (health FSAs) to allow a $500 annual carryover of unused...more

McCarter & English, LLP

IRS Modifies Health FSA "Use or Lose" Rule

McCarter & English, LLP on

On October 31, the IRS issued Notice 2013-71, modifying the long-standing “use or lose” rule for health flexible spending arrangements (FSAs). Under the new rule, employers may permit health FSA participants to carry over up...more

Foley Hoag LLP

Important Changes Relating to Section 125 Plans May Require Immediate Action

Foley Hoag LLP on

Last week, there were two important developments relating to Section 125 cafeteria plans. First, Massachusetts announced that employers will no longer be required to maintain a Section 125 plan. Second, the IRS has modified...more

Pillsbury Winthrop Shaw Pittman LLP

IRS Relaxes Use-or-Lose Rule for Health FSAs

On October 31, 2013, the Internal Revenue Service (“IRS”) issued guidance relaxing the Use-or-Lose Rule applicable to Health FSAs under employers’ cafeteria plans. Now an employer may amend its cafeteria plan to permit plan...more

Davis Wright Tremaine LLP

New Health FSA Carryover Rule Poses Tough Choices for Plan Sponsors

The IRS has announced new, long-requested relief from the “use it or lose it” rule that will allow health flexible spending account (FSA) participants to carry over up to $500 of unused contributions to the next plan year if...more

Epstein Becker & Green

IRS Chips Away at the FSA "Use-or-Lose" Rule

Epstein Becker & Green on

Health care flexible spending accounts ("FSAs") established pursuant to a cafeteria plan under Section 125 of the Internal Revenue Code of 1986, as amended, have long permitted employees to make pre-tax salary contributions...more

Bradley Arant Boult Cummings LLP

IRS Announces New Health FSA Carryover and 2014 Benefit Plan Limits

The U.S. Treasury Department and the Internal Revenue Service (IRS) have announced updated guidance permitting carryover of up to $500 of unused health flexible spending account (FSA) balances at the end of a plan year....more

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