Will I be out of compliance if I match HSA contributions for our non-exempt employees, but not for our exempt employees?

Employer HSA contributions (outside a Section 125 cafeteria plan) are subject to the HSA comparability regulations and can only vary based on the level of coverage selected by the employee (single vs. “other than single coverage"), and some other limited differences.

Employers have more flexibility to provide different HSA contributions (such as matching funds and contributions tied to a bona fide wellness program) if the employer HSA contributions are provided through a Section 125 cafeteria plan. Employer contributions provided in this manner must be included in the Section 125 discrimination testing. Employer contributions that differ between exempt and nonexempt employees do not automatically violate the section 125 discrimination rules, but the plan must be tested to assure that, combined with other factors, the plan still complies with these rules.

Coaches' Takeaway

Employers have more flexibility to provide different HSA contributions, such as matching funds and contributions tied to a bona fide wellness program, if the employer HSA contributions are provided through a Section 125 cafeteria plan.

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