To retain the tasc audit guarantee for your flexible benefits plan, an annual non. Who is the employer for section 105h testing purposes. Flexible spending account fsa or dependent care fsa benefits, there are additional tests to. Nondiscrimination testing employee benefits corporation. Discrimination assessment instructions cafeteria plan regulations impose taxes and penalties for non. Section 105h nondiscrimination rules the horton group. Our software automatically does the nondiscrimination testing so you avoid. Updated march 12, 2020 for administrators and employees compliance testing also known as nondiscrimination testing ensures that a companys medical or dependent care fsa treat all employees equally, and do not favor key or highlycompensated employees hces. How to identify key employees and hces to conduct non. Cafeteria plan testing 25% key employee concentration test ensures of all the pretax dollars being spent through the cafeteria plan, no more than 25% is being spent by key employees eligibility test ensures enough nonhighly compensated employees are eligible to participate in the cafeteria plan fsa. Weve also created a nondiscrimination testing workbook to help employers complete the worksheet and to answer some frequently asked questions.
A limited purpose medical fsa plan allows hsa participants to be reimbursed for outofpocket dental, vision and preventive care expenses. Nondiscrimination testing of selfinsured health benefits. Summary of current law rules pertaining to health savings. To meet the qualifications for taxfavored status, an fsa plan cannot discriminate in favor of key or highly compensated employees. Our testing is very comprehensive in order to ensure compliance with federal regulations. Zenefits fsas are automatically compliant with section 105 nondiscrimination regulations. The plan design is by far the best way to get to a point where more employers are passing their nondiscrimination testing, says geno cufone. Enough nonhighly compensated employees must actually participate in the plan.
Certain employee benefit arrangements maintained by private employers are subject to nondiscrimination testing to ensure that the benefits offered under the arrangement do not disproportionately favor highly compensated and key employees. The 5% owners test also applies only to dependent care fsa. Services that arent eligible for treatment as noadditionalcost services are nonexcess capacity services, such as the facilitation by a stock brokerage firm of the purchase of stock by employees. Chapter 10 coverage and nondiscrimination page 104 coverage and nondiscrimination focus of chapter focus of this chapter irc 410b provides the minimum coverage requirements for a qualified plan and irc 401a4 provides that contributions or benefits may not discriminate in favor of highly compensated employees within the meaning of. Thats why youre required to perform nondiscrimination testing for any plans you offer that are governed by code section 125, along with health reimbursement arrangements hras and selfinsured medical plans simps. Igoe administrative services igoe was founded in 1977 as a full service employee benefit administrative company. Section 125 nondiscrimination testing sentinel benefits. Summary of current law rules pertaining to health savings accounts hsas. To automatically pass the test, your plan must be offered to all of your employees except union employees and nonresident aliens.
Datapath datapath and hr consulting group make such modules available in connection with their 125 plan administration software. Please note that the hci definition is not exactly the same as the hce definition used in qualified plans. All members of a controlled group are treated as a single employer for eligibility testing purposes. Thus, in testing selfinsured health benefits offered by one employer, employees from all related employers are counted, which increases the possibility of failing the test. Employee contributions to the account are deducted pretax, the use it or lose it rule applies, and participants may access their. Keep reading to find out what you need to know when performing this important testing. Nondiscrimination testing choice strategies offers nondiscrimination testing to clients as a complimentary and recommended service, however, voluntary to the client. According to a survey from judy diamond associates, nearly 60,000 401k plans failed internal revenue service irs nondiscrimination testing, with more than one in 10 issuing corrective distributions to highly compensated employees hces in 2012. One of the major perks associated with flexible spending accounts fsa, dependent care accounts dca, and health reimbursement accounts hra is the substantial tax savings employers and their employees experience. In order to qualify for taxfavored status, a benefit plan must not discriminate in favor of highly compensated employees hces and key employees with respect to eligibility, contributions, or benefits. In addition, summit allows you to adjust participants compensation limits, and to print and share test results including recommended plan changes.
Fsa discrimination testing terrillconnect compliance. We provide a bestflex plan and ebc hra nondiscrimination testing worksheet that is available online. Intending cafeteria plans to benefit the rankandfile employee, congress created rules to ensure that. When you hear the words nondiscrimination tests your first thoughts might be your 401k plan, but there are nondiscrimination rules that apply to health and welfare plans. These rules prohibit discrimination in favor of highly compensated employees with regard to eligibility and participation in the plan. Unfortunately, it is very common for employers to fail the 55% average benefits test component of the dependent care fsa ndt. As with the adoption assistance fsa, you could simply have.
How can benefit strategies assist with nondiscrimination testing. Note that a plan does not cease to be qualified for all participants just because it is discriminatory. Fsas are subject to nondiscrimination testing to determine whether the plan is compliant with irs guidelines and that all your employees receive the same level of benefit from their fsas. What happens when highly compensated employees have already contributed more than the reduced contributions limit from the dependent care fsa nondiscrimination testing. Health care flexible spending account plans and dependent day care flexible spending account plans must not discriminate in favor of highly compensated individuals. Our company will soon be adopting a cafeteria plan so that our employees can pay their share of the premiums for health insurance coverage with pretax salary reductions. Discrimination testing of an fsa plan is required on an annual basis to assure the plan has been implemented to the benefit of all employees and not just a select few.
Introduction to nondiscrimination testing cafeteria plans are popular because they allow employees to receive health insurance coverage from their employers without having to pay taxes on it. Nondiscrimination testing hra, fsa and hsa administration. When is nondiscrimination testing on a cafeteria plan. The section 105h nondiscrimination rules do not apply to fully insured group health plans. The testing is not as extensive when only premiums are involved. Testing includes nontaxable benefits that are qualified benefits under a cafeteria plan, such as medical, dental and vision. Testing is performed instantaneously after data submission. The guidance allows these plans to skip the concentration and benefits test and 25% concentration test if they pass the safe harbor eligibility test. Compliance testing also known as nondiscrimination testing ensures that a companys medical or dependent care fsa treat all employees equally, and do not favor key or highlycompensated employees hces.
The following information is needed to conduct your flexible benefit nondiscrimination analysis. Igoe offers creative and innovative solutions to todays fast paced and complex benefit plan administrative issues. Failing the dependent care 55% average benefit test abd. Employees only if they are provided and utilized on a nondiscriminatory basis when compared to other employees. If you have nonkeys and they have benefits, then keys as a group may have that amount. The premium only plan is a cafeteria plan subject to annual nondiscrimination testing.
Cdh account, hsa, and benefits debit card administration. That leaves time to adjust anything that might be starting to head in the wrong direction. The basic premise of any nondiscrimination testing is to demonstrate that the plan does not discriminate in favor of highly compensated individuals hci. Summary plan description for health fsa annual election process and documentation irs non. This page is intended to assist you in determining if you are eligible to implement these benefits based on your employers demographic. Publication 15b 2020, employers tax guide to fringe. The reason a plan fails testing is that nonhighlycompensated employees are not participating. The 2007 proposed cafeteria plan regulations address when discrimination testing must be performed. If too many nonhces are excluded from participation in the plan, then it will be. For sponsors of section 125 premium only plans andor health reimbursement arrangements, to conduct nondiscrimination testing is not required until the end of the plan year but it is usually a good idea for employers to conduct a sample test midyear. Nondiscrimination rules are enforced by the irs to prevent highlycompensated andor key employees from using reimbursement plans as taxshelters. Our nondiscrimination testing website includes the irs required tests, along with detailed instructions and definitions of many terms to assist you. However, under the affordable care act aca, nondiscrimination rules that are similar to the section 105h rules are expected to apply to nongrandfathered fully insured plans in the future.
I understand that cafeteria plans, health fsas, and dcaps are subject to nondiscrimination tests. Nondiscrimination testing in summit is simple, whether the data being tested is already in the system or imported specifically for this purpose. Eligibility testing data section 125 fair crosssection test. A word of warning, how to apply the nondiscrimination requirements is not always clear.
Nondiscrimination testing is required for qualified retirement plans to ensure that benefits under the plan do not discriminate in favor of officers, owners, shareholders, employees in authority of other employees or any other employee classified as a highly compensated employees hces. The irs requires that any organization that offers a cafeteria plan or in other words, a pretax benefit plan must perform various tests on the plan annually at the end of each plan year to determine if the plan is nondiscriminatory. The plan will also include a health fsa and a dcap. Reviewing requirements during the year allows the plan to make adjustments to deferrals before the end of the year if corrections are needed to pass nondiscrimination testing. Nondiscrimination testing for flexible spending account plans. You have access to reports showing your results which you can also print for your records. What types of section 125 nondiscrimination testing are available. How do i identify key and highly compensated employees. These services may, however, be eligible for a qualified. Compliance our compliance page contains useful educational information on some of the irs regulations surrounding the premium only plan pop, flexible spending account fsa, and transportation plans. The tests generally relate to not discriminating as to eligibility, contributions. Annual nondiscrimination testing is included in all your testing software at no additional cost.
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