Health FSAs and dependent care assistance programs

Notice 2021-15 provides flexibility for employers in the following areas related to health FSAs and dependent care assistance programs:

  • Provides flexibility for the carryover of unused amounts from the 2020 and 2021 plan years;
  • Provides flexibility to extend the permissible period for incurring claims for plan years ending in 2020 and 2021;
  • Provides flexibility to adopt a special rule regarding post-termination reimbursements from health FSAs;
  • Provides flexibility for a special claims period and carryover rule for dependent care assistance programs when a dependent “ages out” during the COVID-19 public health emergency; and
  • Allows certain mid-year election changes for health FSAs and dependent care assistance programs for plan years ending in 2021.