What is a Flexible Spending Account?
Healthcare flexible spending accounts are employer-established benefit plans that reimburse employees for specified medical expenses as they are incurred. These accounts are allowed under Section 125 of the Internal Revenue Code and are also referred to as "cafeteria plans" or "125 plans." The employee contributes funds to the account through a salary reduction agreement and is able to withdraw the funds set aside to pay for medical bills. The salary reduction agreement means that any funds set aside in a flexible spending account escape both income tax and Social Security tax. Employers may contribute to these accounts as well.
There is no statutory limit on the amount of money that can be contributed to healthcare flexible spending accounts. However, some companies place a limit of $2,000 to $3,000 on flexible spending accounts. Once the amount of contribution has been designated during the open enrollment period that occurs once each year, the employee is not allowed to change the amount or drop out of the plan during the year unless he or she experiences a change of family status. By law, the employee forfeits any unspent funds in the account at the end of the year. There have been proposals introduced in Congress to ease this "use it or lose it" rule by allowing up to $500 to be carried over to the next year; such proposals have not been enacted.
Initial Legislation or Regulation Revenue Act 1978
Date Effective
January 1, 1979
Internal Revenue Code Reference
Internal Revenue Code Section 125
Eligibility
All employees except self-employed
Qualified Medical Expenses
Unreimbursed medical care expenses as defined by Internal Revenue Code Section 213, excluding premiums for health insurance coverage and long-term care expenses
Nonqualified Medical Expenses
Expenses not under Internal Revenue Code Section 213
Health insurance premiums under a continuation of coverage arrangement (COBRA)
Health insurance premiums when receiving unemployment compensation
Qualified long-term care insurance premiums
Must Be Covered By A Health Insurance Plan
No
Contributor
Employee, Employer or Both
Contributions Limits
No statutory limit; limits may be set by employer
Funds Carry Over
No
Portability
Account cannot be maintained if the employee is no longer working for the employer

