Although
all the effects of the Affordable Care Act (ACA) are still unclear, it’s likely
that health insurance costs will continue to increase in the future. Business
owners may require greater health plan contributions from participating
employees. In addition, this health care law already has made it more difficult
for individuals to deduct medical outlays: For most taxpayers, only expenses
over 10% of adjusted gross income (AGI) are tax deductible, versus a 7.5%
hurdle under prior law. (The 7.5% rule remains in place through 2016 for
individuals 65 and older and their spouses.)
In this environment, business owners
stand to benefit substantially by offering a health flexible spending account (health
FSA). These plans allow employees to set aside up to $2,500 per year that they
can use to pay for health care expenses with pretax dollars.
Example
1: XYZ Corp. offers a health FSA to its employees. Harvey James, who works
there, puts $2,400 into the plan at the beginning of the year. Each month, $200
will be withheld from Harvey’s paychecks, and he’ll owe no income tax on those
amounts.
Going forward, Harvey can be
reimbursed for his qualified medical expenses that are not covered by his
health plan at XYZ. Possible examples include health insurance deductibles,
copayments, dental treatments, eyeglasses, eye surgery, and prescription drugs.
Such reimbursements are not considered taxable income. Thus, Harvey will pay those
medical bills with pretax rather than after-tax dollars.
Health FSAs and the Affordable Care Act
Under the
ACA, there are limitations on an employer offering a health FSA to their
employees. Standalone
health FSAs can only be offered to provide limited scope dental and vision
benefits. An employer can only offer a health FSA that provides more than
limited scope dental and vision benefits to employees if the employer also
offers group major medical health coverage to the employees.
Additionally,
an employer can make contributions to an employee’s health FSA. However, under
the ACA, the maximum employer contribution the plan can offer is $500 or up to
a dollar-for-dollar match of the employee’s salary reduction contribution.
Ultimately,
these additional new rules can affect whether an employer can offer a health
FSA and the amount of any optional employer match.
Employer benefits
A health FSA’s
benefits to participating employees are clear. What will the business owner
receive in return? Chiefly, the same advantages that come from offering any
desirable employee benefit. Recruiting may be strengthened, employee retention
might increase, and workers’ improved morale can make your company more
productive.
There’s even a tax benefit for
employers, too. When Harvey James reduces his taxable income from, say, $75,000
to $72,600 by contributing $2,400 to a health FSA, he also reduces the amount
subject to Social Security and Medicare withholding by $2,400. Similarly, XYZ
Corp. won’t pay its share of Social Security or Medicare tax on that $2,400 going
into the health FSA.
Counting the costs
However, drawbacks to offering an FSA to employees
do exist. The plan, including reimbursements for eligible expenses, must be
managed. Many companies save headaches by hiring a third-party administrator to
handle a health FSA, but there will be a cost for such services.
In
addition, companies offering health FSAs to employees should have enough cash
to handle a large demand for reimbursement, especially early in the year.
Example 2: Kate Logan also works for
XYZ and she chooses to contribute $1,800 to her health FSA at the beginning of
the year: $150 a month, or $75 per each semimonthly paycheck. Just after her
first contribution of the year, Kate submits paperwork for a $1,000 dental
procedure. XYZ might not have trouble coming up with $1,000 for Kate, but there
could be a problem if several employees seek large reimbursements after making
small health FSA contributions.
Using It, Losing It
Employers also should be sure that employees are
well aware of all the implications of health FSA participation. For years,
these plans have been “use it or lose it.” Any unused amounts would be
forfeited at year end.
Example 3: Mark Nash participated in an
FSA offered by XYZ several years ago. He contributed $2,000 but spent only $1,600
during the year. The unspent $400 went back to XYZ.
In 2005,
the rules changed. Now, if the FSA permits, participants have until mid-March
of the following year to use up any excess. If XYZ had adopted this optional
grace period, Mark Nash would have had an extra 2½ months to spend that leftover
$400 on qualified medical costs.
Yet
another change occurred in late 2013—a $500 option. Under this provision, FSA
plans can be amended to allow each employee a carryover of up to $500, from one
year to the next. Plans with this $500 carryover provision cannot allow a grace
period as well. If your company now has an FSA with this optional grace period,
it will have to amend the FSA to eliminate the grace period in order to add the
$500 carryover provision.
In
addition to explaining all of the rules on possible forfeitures, employers
offering an FSA should be sure their employees know about a possible impact on
Social Security benefits. As mentioned, FSA contributions aren’t subject to
Social Security; those contributions aren’t included in official compensation,
for Social Security purposes. Employees should know that reduced compensation
today might reduce Social Security benefits tomorrow. Companies that spell out
all the FSA implications to workers may reduce misunderstandings and future
complaints.
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