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Question of the Week - FSA Participation Restrictions

Q. May we structure our Health FSA to restrict participation to only those who are covered under our medical plan?

1 min read By BAS
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Q. - Can we structure our Health FSA to restrict participation to only those who are covered under our medical plan?

A. - Yes. An employer can structure its Health FSA to restrict enrollment to only those employees who participate in the employer’s medical plan. This is not a popular plan design, but it is permitted under the Code section 125 cafeteria plan rules (see Prop Reg §1.125-5(g)).

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This article is for informational purposes only and is not intended as legal, tax, or benefits advice. Readers should not rely on this information for taking (or not taking) any action relating to employment, compliance, or benefits. Always consult with a qualified professional before making decisions based on this content.

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Question of the Week FSA Employers

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