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Employee
June 1, 2019
Question

Does my spouse forgetting to sign up for Dependent Care FSA count as a loss of coverage qualifying event such that I could make a change to my company's enrollment?

  • June 1, 2019
  • 1 reply
  • 0 views

My spouse has had the dependent care FSA for several years, but for some reason this year she forgot and we just found out after the open enrollment for both of our (different) employers have ended.  From an IRS standpoint, I'm wondering if this count as a life event (losing Dependent Care FSA) such that I could modify my open enrollment without issues.  It seems possible from my employers website, but wondering if this counts according to IRS rules.  Thanks for reading and any tips!

    1 reply

    Employee
    June 1, 2019

    You just have to try with your employer.  I think the answer is going to be no, but it is ultimately up to your employer or the plan administrator that they have selected to make sure they are in compliance, and attorneys and administrators can sometimes interpret the rules differently.

    Employee
    June 1, 2019
    You will still be eligible for the dependent care tax credit, although the benefit is generally less than an FSA.