New IRS Rules for Section 125 Cafeteria Plans: Key Plan Amendments, Timing of Elections, Claims, HDHP Relief

On May 12, 2020, the IRS issued Notice 2020-29 and Notice 2020-33, providing new rules and guidance for Section 125 cafeteria plans. These Notices provide options for employers regarding cafeteria plan benefits, and counsel must recognize critical legal implications and compliance issues.

IRS Notice 2020-29 provides employers with the option of amending its cafeteria plan to allow employees to make proposed changes to their health plan and health FSA and dependent care FSA elections in 2020, which can apply retroactively to Jan. 1, 2020. IRS Notice 2020-33 also provides an allowable carryover of unused healthcare FSA balances from one plan year to the next. It removes prior limits on the treatment of reimbursements of medical care expenses for health reimbursement arrangements.

Employee benefits counsel and employers must carefully reevaluate current plan structures and determine whether they need amending. Any plan amendments under Notice 2020-29 and Notice 2020-33 must be adopted no later than Dec. 31, 2021, and be effective retroactively to Jan. 1, 2020.

Listen as our panel discusses crucial provisions of IRS Notice 2020-29 and Notice 2020-33, considerations for plan amendments, compliance traps to avoid, and potential legal implications for plan sponsors and administrators.