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Subject:
Flexible Spending account, Leaving company
Category: Business and Money > Employment Asked by: fckirknsf-ga List Price: $20.00 |
Posted:
01 Mar 2004 09:48 PST
Expires: 31 Mar 2004 09:48 PST Question ID: 312348 |
For the fiscal year 2004 I decided to enroll in a Flexible Spending Account for 5400 dollars. This money was used in mid January for surgery. Each paycheck I continue to contribute to the flexible spending account. It's now march and I still have a number of payments to complete the year. For ease let's look at this as money set aside, 5400, as of today money used, 5400, money I've contributed to date 900, so I still owe my company 4500. In about 2 weeks I will be leaving my current company. My question is - Since I am leaving my company do I still owe them the balance of my flexible spending account? Please include supporting websites or documents. I'm asking because I've heard that you don't have to pay your company the balance. |
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There is no answer at this time. |
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Subject:
Re: Flexible Spending account, Leaving company
From: research_help-ga on 02 Mar 2004 08:07 PST |
"I'm asking because I've heard that you don't have to pay your company the balance." I'm interested to know where you heard this. I don't believe a company would give you a "gift" like that for leaving. FSAs are subject to strict IRS regulations and I am sure you would have to pay back the difference between what you have contributed and what you have been reimbursed. |
Subject:
Re: Flexible Spending account, Leaving company
From: markj-ga on 02 Mar 2004 09:08 PST |
I don't have enough reliable information to post an answer. However, the research that I have done seems to indicate that the question may not have been finally answered by rule or statute but rather is in the province of IRS staff interpretation. But in light of the advice you got from research_help in a comment, I should note that it appears that many employers require employees to sign an agreement that any "negative balance" in a health FSA account will be reimbursed from the final paycheck of the employee when he or she separates from the company. Presumably, such an agreement is often required by a company as a condition of granting severance pay, for example. However, some online (non-IRS) sources indicate that while the IRS does require an employee to be able to run a negative balance in his FSA in a given plan year if it would ordinarily be made up by contributions during the rest of that year, the law and regulations don't specifically require the employee to reimburse the company if he leaves during the year. The issue that I have not been able to nail down is whether the IRS formally or informally currently blesses these reimbursement agreements for departing employees. markj-ga |
Subject:
Re: Flexible Spending account, Leaving company
From: aborshch-ga on 03 Mar 2004 08:07 PST |
As markj-ga noted, some employers may require employees to sign some sort of an agreement to pay back any negative balance; however, a lot of companies don't, from my experience and from a quick search of Flexible Spending Account plan rules online. For example, at the company where I work, we've had this situation before and had to "eat" the negative balance of terminated employees. IRS regulations do not require employees to reimburse the negative balance on termination; they do require the plan to allow employees access to their full potentially contributed balance at the beginning of the year, know as "uniform coverage rule". So I would suggest you check with your FSA plan administrator - request a copy of your plan rules, and read them very carefully. |
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