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Deductions & credits
The way this Notice is worded is this:
1. If your employer agrees to make the change to the Section 125 cafeteria plan (this is a requirement that the employer agree to this),
2. for your dependent care assistance program (FSA), whose grace period normally ended March 15, 2020, you are able to apply those funds to any qualified expenses in 2020 up until December 31, 2020.
However, the way the Notice is worded is specific - you are not able to use those funds to pay from expenses you incurred in 2019, but for expenses you incurred in 2020, which may or may not work out in your favor when used in conjunction with your FSA in 2020.
Note that this is not different from how the grace period - if your employer's plan even allows one (they don't have to) - works today; it just extends the end of the grace period.
So, depending on your expenses in 2020, you may still be able to use them.
Please see the section entitled "B. Extended Claims Period for Health FSAs and Dependent Care Assistance Programs" starting on page 9 of the Notice (see link above). This section is mostly about a Health FSA but as the title makes clear, the same rules apply to dependent care FSAs.
Please consult with your employer about this to see if you are eligible.
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