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How to Comply with New Cafeteria Plan and Dependent Care Benefit Regulations


The IRS’s new proposed regulations for Cafeteria Plans will have significant impact on anyone who handles benefits administration.

The disconcerting bottom line: Failure to comply with these complex guidelines could have profound tax consequences for both your organization and your employees.

These changes present a major challenge because they cover so much ground, including the structuring and operation of Premium Only Plans, Health Savings Accounts (HSA), Flexible Spending Arrangements (FSA) for health and dependent care, Flexible Benefits Plans and COBRA.

That’s why we invite you to join Ashley Gillihan, Esq, partner with Alston & Bird, LLP as he discuss the ins and outs of the new proposed cafeteria plan regulations. He’ll give you valuable expert guidance on how to effectively assess your current benefits plan, make the important changes needed to comply with the new regulations, and prepare for your next plan year.

He’ll also discuss:

  1. What has changed and what has remained the same?
  2. What is the new, “optional 30-day election period for new employees”? For “rehired employees”?
  3. Is self-certification good enough to meet the claims substantiation requirements?
  4. What is the new safe harbor test for premium-only-plans (POP)?
  5. When can an employee pre-pay health care premiums under a Cafeteria Plan?
  6. Can an employee pay his or her COBRA premiums through the cafeteria plan?
  7. What about the use of severance agreements to pay COBRA through the cafeteria plan?
  8. What is a “short plan year” and is it still allowed?
  9. Who determines the plan year “run-out” period?
  10. How is income imputed for excess life insurance?
  11. Are individual accident & health insurance premiums allowed to be pre-taxed through the cafeteria plan?
  12. How two-year election periods are handled?
  13. What are the documentation requirements?
  14. When must you comply with the new requirements?

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Presented by:

Ashley Gillihan

Ashley Gillihan is a member of the Alston & Bird’s Employee Benefits and Executive Compensation Group. Mr. Gillihan represents employers and third party administrators in a variety of health and welfare benefit plan compliance matters, including, but not limited to, consumer driven health care plan design, tax qualification and other Internal Revenue Code issues, ERISA and HIPAA portability and privacy issues.

Mr. Gillihan lectures frequently and has published a number of articles on health and welfare benefit plan compliance topics. He is a faculty member for the Institute of Applied Management and Law and MCOL. He is a member of the Technical Advisory Council for the Employer’s Council of Flexible Compensation and is also a member of the Advisory Board of Editors of Benefits Compensation Law Alert. He is also a contributing author of the Flexible Benefits Answer Book by Aspen Publishers.

Mr. Gillihan is a member of the state bars of Georgia, Tennessee, and Alabama. He is a 1996 graduate of Samford University's Cumberland School of Law.

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CD Only: $199.00

*All CD orders will be assessed a $20 Shipping & Handling Fee for CD and Conference Materials.

Questions About this AudioConference CD? Call 1-800-431-7571




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Continuing Education

This program has been approved for 1.0 recertification credit hours toward PHR and SPHR recertification through the Human Resource Recertification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org.