FSA after retirement?

[Repoman1984]

Hello:

I retired from the Federal Government in 2019 and receive an annuity.   I currently work for a private  employer that offers an FSA.  Can I take advantage of the FSA?  I have searched for the answer and find statements like "IRS code does not allow retiree/annuitants to utilize an FSA", but does that just mean you can't pay into an FSA with non earned income?

Thanks!

[JulieS]

Yes, you are eligible to participate in your employer's FSA, because you are still actively employed by them. 

When they say, "IRS code does not allow retiree/annuitants to utilize an FSA", this means that if you retire from an employer, that same employer can't let you continue in their FSA, but you can have an FSA with a new employer.