Groups Ask Treasury To Change Use-It-Or-Lose-It Rule

November 30, 2004 at 07:00 PM
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Powerful Republican lawmakers want to help protect employees from losing benefit account contributions.[@@]

The members are supporting industry and insurer groups that are asking the U.S. Treasury Department to change the health flexible spending account use-it-or-lose-it rule.

The groups have sent a letter asking the Treasury Department and the Internal Revenue Service to create a rule that would permit a small amount of FSA assets to be carried forward in an FSA account each year. The money could be spent only on qualified health expenses.

The letter says the change would encourage more employees to use health FSAs.

"We believe this action would help employers and their employees respond to rapidly rising health care costs, particularly as it becomes necessary for employees to assume greater responsibility for their health care expenses," use-it-or-lose-it opponents write in the letter.

The use-it-or-lose-it rule requires that all funds in FSAs be spent in the year in which they are contributed. Otherwise, the participant loses the balance in the account at the end of the year.

The groups opposing the rule note that the rule exists formally only in proposed form.

The fact that the rule is only a proposed rule implies that Treasury could easily and quickly change the rule without the need for legislation, the groups write.

Groups signing the letter include organizations such as the American Benefits Council, Washington; the National Association of Manufacturers, Washington; the National Federation of Independent Business, Nashville, Tenn.; and the U.S. Chamber of Commerce, Washington.

The groups say Rep. Bill Thomas, R-Calif., chairman of the House Ways and Means Committee, supports the change.

Another lawmaker, Sen. Charles Grassley, R-Iowa, chairman of the Senate Finance Committee, has written his own letter urging modification of the use-it-or-lose-it rule.

"I am aware of no other area of benefits law in which we allow?let alone mandate–that employee dollars set aside for benefit expenses revert back to the employer," Grassley writes. "The current rule unjustly enriches employers at the expense of hard-working employees who participate in FSAs."

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