Last Month Rule for HSA, optional?

Hi there,

 

I had a HDHP family plan Jan to March 2024, was laid off and had 2 months gap, had individual HDHP June to December 2024. When calculate 2024 contribution limit, Turbo Tax gives 5188. My question is if last month rule applies here? Can I choose not to use the last month rule?

 

Question 2, due to gap of HDHP in 2024, the last month rule of 2023 failed, I should return the excess contribution by April 15, but the excess contribution in 2023 will be charged 10% more taxes, which Turbotax already calculated, right?

 

Thank you,