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<br />At;giJim <br /> <br />August 12, 2005 <br /> <br />RE: FSA Administrative Change <br /> <br />Dear valued client: <br /> <br />In May, Acclaim Benefits sent an e-mail outlining an opportunity provided by IRS Notice <br />2005-42, which modified the customary "use-it-or-Iose it" rule for reimbursement from <br />cafeteria plan flexible spending accounts ("FSAs"). Under the new rule, employers may <br />amend their cafeteria plan documents to provide for a reimbursement "grace period" <br />following the end of the traditional plan year. Specifically, the grace period provides <br />participants with a maximum time extension of two months and fifteen days to incur <br />claims that may be applied to the previous plan year's balance. Employers and <br />employees will still follow a twelve-month plan year for pre-tax salary deductions, but <br />allowable spending can occur for up to fourteen months and fifteen days. It is important <br />to note that plans are not required to adopt this extension, nor are they required to <br />adopt the fulI two month and fifteen day grace period. <br /> <br />The extension is intended to alleviate the participant's burden to incur claims within a <br />twelve-month period, thereby reducing the risk of forfeiting funds. Eligible expenses <br />incurred during the extended grace period will be applied to any remaining balance <br />applicable to the prior plan year. If the prior year balance does not cover the entire <br />amount of a claim, the excess amount will be applied to the participant's current plan <br />year balance. <br /> <br />We recommend that employers proceed cautiously in adopting this non-mandatory <br />change and strongly suggest that you consult with your legal, tax and/or benefits <br />experts to determine whether the FSA change would be appropriate for your group. <br /> <br />Special Considerations: <br /> <br />Dependent Care Reimbursement Accounts: Participants may be reimbursed for <br />dependent care expenses up to a statutory maximum amount, based upon the participant's <br />individual tax year. The reimbursement amount is based on the year in which the <br />reimbursements are made, regardless of the plan year from which any particular <br />reimbursement is made. This could complicate the completion ofW-2 Forms. <br />- <br /> <br />Run-Out period: Following the end of a plan year, existing regulations allow for a "run- <br />out period". The run-out period provides plan participants with additional time to submit <br />reimbursement claims relating to expenses incurred during the most recent plan year. <br />...--7Employers who adopt the new grace period may want to revise their plan's existing run- <br />out period deadlfri-e to extend past the expiration of the grace period. However, extending <br />a run-out period too far into the future could create a time constraint when closing the <br />plan year and completing Form 5500 filings. <br /> <br />Flexible Spending Account Department . 3405 Annapolis Lane North . Plymouth, MN 55447 . www.acclaimbenefits.com . fax 763-278-4004 <br /> <br />It <br />