What Is the FSA “Use It or Lose It” Rule?


In the past, one of the biggest drawbacks surrounding Flexible Spending Accounts (FSAs) was the "Use it or Lose it" rule. This rule stipulates that FSA account holders must use the entirety of their tax-free funds before the end of each plan year, or forfeit any remaining FSA funds to their employer.

However, employers can offer options that make forfeiting FSA money easily avoidable if healthcare spending is carefully planned over the course of a year. Let's explore how the Carryover Rule and Grace Period can save you money.

The FSA Carryover Rule

FSA account holders may carryover up to $610* of their tax-free funds at the end of their plan year into the following year's allocation — that is, if their employer allows for this option. This is a huge boost for eligible account holders. Those who would have been turned off by the idea of FSAs due to the "Use it or Lose it" rule may feel far more freedom to set aside pre-tax money for healthcare expenditures throughout the year without worrying that a huge chunk of their hard-earned salary will be forfeited.

The FSA Grace Period

Another option that employers may choose for their FSA is offering the grace period. Employers who offer FSAs under a cafeteria plan can extend their employees' FSA benefit period for up to 2.5 months after the end of plan year. The intent of this ruling was meant to give employees additional time to spend their FSA funds, and incur new expenses.

However, employers can only offer either a carryover or a grace period for their FSA, but not both at the same time, so employees will need to inquire with their benefits administrators and HR departments to learn the ins and outs of their flexible spending accounts.

Should I be concerned about the "Use it or Lose it" rule?

As a matter of course, employees should still be mindful of the "Use it or Lose it" provision, but there are available options for FSA account holders and shouldn't scare away new enrollees. As long as FSA users are mindful of their payroll allocations throughout the year, spend their funds wisely, and check in with their benefits administrators, FSAs are easier than ever to help cover a huge range of qualifying medical products and services.

*Limit for plan years ending in 2023. Increases to $640 for 2024.

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