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ARTICLE · 01 JUNE 2005

IRS Liberalizes The "Use-It-Or-Lose-It" Rule

On May 18th, the IRS announced that employers can amend their reimbursement accounts in cafeteria plans to add a grace period of up to 2-1/2 months after the end of the plan year during which participants can incur eligible expenses.

United StatesEmployment and HR
Leslie Anderson
Leslie Anderson
Jessica Forbes Olson
Jessica Forbes Olson
On May 18th, the IRS announced that employers can amend their reimbursement accounts in cafeteria plans to add a grace period of up to 2-1/2 months after the end of the plan year during which participants can incur eligible expenses. This may reduce forfeitures for participants who overestimate their expenses for the 12-month plan year. Here is a link to IRS Notice 2005-42: http://www.treas.gov/press/releases/reports/n0542.pdf.

Summary of New Use-It-Or-Lose-It Rule

  • Change is optional.
Plan sponsors are not required to add the grace period.
  • New rule applies to both health care and dependent care reimbursement accounts.
  • However, it is more likely to have practical significance to health care reimbursement accounts.
  • Plan must be amended if the employer wants to adopt the new rule.
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