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If a participant does not use all of his expenses during a plan year, can an employer simply reimburse the participant for any unused expenses?

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If a participant does not use all of his expenses during a plan year, can an employer simply reimburse the participant for any unused expenses?

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A. No. Arrangements formally outside of the Cafeteria Plan that provide for the adjustment of a participant’s compensation or a participant’s receipt of any other benefits on the basis of the expenses incurred or reimbursements received by the participants will be considered in determining whether the reimbursements are provided under a benefit eligible for the exclusion from income tax. (Reg. Sec. 1.125-1 Q&A 17 and 18) Q.

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