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Cafeteria Plan Compliance Requirements

What Are The Key Components Of Cafeteria Plan Administrations?

cafeteria plan training & certification program A "Cafeteria Plan", also known as a Section 125 plan, is an employee benefits plan that allows employees to choose from a menu of pre-tax benefits.

These plans are governed by Section 125 of the Internal Revenue Code and offer employees flexibility in selecting benefits that best suit their needs. The key components of cafeteria plan administration include: By effectively managing these key components, cafeteria plan administrators can help employers offer competitive benefits packages, improve employee satisfaction, and achieve their strategic goals while maintaining compliance with regulatory requirements.

Excerpts From Our Cafeteria Plan Training & Certification Program

The following are three of many recomendations from our Cafeteria Plan Training & Certification Program:

Excerpt #1: Partners, Independent Contractors, 2% or More Owners:

Partners in a partnership, independent contractors, and 2% or more owners of S-corporations (and their spouses/children/parents) are not eligible to participate in a Cafeteria Plan because they are considered self-employed.

The partnership may maintain a Cafeteria Plan for its common law employees. Spouses and dependents of partners, who are not partners themselves but are common law employees of the partnership, may participate in the Cafeteria Plan.

Example 1: An attorney hired by a law firm has not yet been made a partner in the firm. She has no ownership and is a common law employee. The attorney may participate in the Cafeteria Plan.

Example 2: An attorney has been employed by the same law firm for the past seven years and has recently been named a partner. He may no longer participate in the Cafeteria Plan.

Excerpt #2: Selling Of Paid Time-Off Days:

A paid time-off sell arrangement allows employees to sell back to the employer elective and non-elective vacation days.

This arrangement may be included in the Cafeteria Plan. Annual elections are made prior to the plan year during open enrollment. The employer may place a specified number of paid time-off days within the Cafeteria Plan. An employee may elect to sell this amount of time back to the employer and receive cash in lieu of taking the time off.

Excerpt #3: Timing Of Changes:

To avoid having to determine whether a requested election change is made too long after the status change, the plan document should specify a maximum time limit for requesting changes. This time period should meet the minimum requirements for HIPAA special enrollments (30 days) and should include language regarding the election of COBRA (60 days for elections and 45 days for the first premium payment).

What Are The Most Common Errors Of Cafeteria Plan Administration?

While cafeteria plans provide flexibility and tax advantages for both employers and employees, there are common errors in their administration that employers should be aware of: To mitigate these errors, employers should invest in proper training for plan administrators, utilize reputable third-party administrators for assistance, and conduct periodic audits of their cafeteria plan processes to ensure compliance with IRS regulations.

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