Manufacturers' Association of Northwest Pennsylvania

What is a Flexible Spending Account?

Association Spotlight, Employee Benefits

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