An Employer or employee may contribute to a HSA using a cafeteria plan and the contributions are not subject to the statutory comparability rules. However, cafeteria plan nondiscrimination rules still apply. For example, contributions under a cafeteria plan to employee HSAs cannot be greater for higher-paid employees than they are for lower-paid employees. Contributions that favor lower-paid employees are not prohibited.
Can a COBRA Participant voluntarily term COBRA and (mid-year) go onto a current Employer's group plan?
Based on COBRA law and minimum standards requirement, the COBRA participant may have the right to term their coverage mid-plan year and go onto the group plan...only if the carrier, of the group plan, allows it.
Second Qualifying Event
Certain events may entitle a qualified beneficiary who is receiving an 18-month maximum period of COBRA coverage to an 18-month extension of COBRA coverage (for a total maximum period of 36 months of COBRA coverage). These events are: the death of the covered employee; the divorce or legal separation of the covered employee and spouse; the covered employee’s becoming entitled to Medicare (Medicare entitlement of a covered employee is not a second qualifying event for a qualified beneficiary unless the Medicare entitlement would have resulted in a loss of coverage under the plan for the qualified beneficiary.); or a loss of dependent child status under the plan. The second event can be a second qualifying event only if it would have caused the qualified beneficiary to lose coverage under the plan in the absence of the first qualifying event.
But don't forget to notify the administrator when this happens. There are different ways that contributions on a FSA-DCA are handled, including what access to the election$$$ a member has. Check out what the US Department of Labor has to say on this topic!
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