Monday, January 11, 2021
The Consolidated Appropriations Act, 2021 (Act) provides
certain COVID-19-related relief, including temporary additional flexibility regarding flexible spending accounts (FSAs). Employers have several practical considerations when deciding whether to adopt one or more of the changes in their plans.
Under the FSA changes, employees need not lose the benefit of the dollars they set aside from their pay into healthcare and dependent care FSAs and may use the amounts contributed for up to 12 months after the end of the 2020 or 2021 plan years. These provisions are optional, like the prior relief from IRS Notices 2020-29 and 2020-33 for 2019 elections, and, if implemented, require plan amendments.