After several delays, the Consolidated Appropriations Act, 2021 (the “Act”) was signed into law on December 27, 2020. Although the Act primarily addresses coronavirus emergency response and relief and appropriations through September 30, 2021, it also contains several provisions of interest for employers that sponsor benefit plans, including temporary flexibility for health care and dependent care flexible spending accounts (FSAs), changes to retirement plan provisions, and certain health care plan changes related to so-called “surprise billing”. The following summarizes the provisions of the Act that affect health care and dependent care FSAs.
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