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In recent years, I have seen a growing number of Health Spending Account solutions appear in the market.  Some are great and I applaud those providers who have done their research and developed a product that is respectful of the interpretation bulletins published by Canada Revenue Agency (CRA).  However, a growing number of companies have entered the market in recent years looking to make a quick buck without truly investing in their knowledge of the product.  To help, I thought I would start a new blog series…. items you should look for when choosing an HSA provider…

Unused Funds Being Returned to Company

Canada Revenue Agency is pretty clear on this issue - funds can NEVER revert back to the employer.  The only time this can happen is when an HSA is used in a notional credit program combined with a flexible benefits plan.  If you are working with a supplier and they allow you to take back unused funds from an employee if they quit, then you should re-evaluate your choice of supplier.  Many of the new suppliers have taken the rules outlined in CRA bulletin IT-529 Flexible Employee Benefit Programs, and confused them with the guidelines outlined in IT-339R2 Meaning of Private Health Services Plan

The guidelines outlined in the later bulletin, and to an extent those outlined in the original IT-85R2 Health and Welfare Trusts for Employees, are truly the best bulletins to follow regarding PHSPs and HWTs.  The information in IT-529 is related to flexible benefit programs and provides an overview of how to account for benefits using a notional credit program.  A notional credit program supports flexible benefits or cafeteria plans – common in many large corporations.  Running a flexible benefits program using notional credits uses an HSA (in the form of a PHSP) in addition to a core plan offering varying levels of coverage for the employees to choose – traditionally as part of an annual election process.

In summary, funds can ONLY revert back to the employer if the program is part of a notional credit arrangement supporting a flexible benefits program.  They belong to the employee! If you have a Private Health Services Plan or Health and Welfare Trust where the supplier allows you to take back the money if an employee is terminated or leaves…..buyer beware!

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