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Dependent
Care Flexible Spending Account Terms and Conditions
One
of the most important features of our Plan is
that the benefit being offered is one that you
are already paying for, but normally with money
that has first been subject to income and social
security taxes. Under our Plan, these same expenses
will be paid for with a portion of your pay
before Federal income, social security, or most
state and local income taxes are withheld. This
means that you will pay less tax and have more
money to spend and save.
Read this Summary
Plan Description carefully so
that you understand the provisions of our Plan
and the benefits you will receive. We want you
to be fully informed before you enroll in the
Plan and while you are a participant. You should
direct any questions you have to the Plan Administrator.
GENERAL
PLAN REQUIREMENTS AND TERM DEFINITIONS
1. When will I become a participant
in the Plan? You will have the opportunity
to enroll prior to the beginning of the Plan
Year. If you begin employment during the Plan
Year you must meet the eligibility requirements
as outlined in “General Plan Information”
of your company’s Plan document. You must
enroll within thirty (30) days after your “entry
date”.
2. When is my entry date? Your
entry date will be the first day of the period
coinciding with or following the date you meet
the eligibility requirements.
3. What must I do to enroll in the Plan?
You must complete an Enrollment Application.
The amount you redirect for the Plan Year can
not be changed unless you experience a “family
status change” as outlined in this article,
paragraph 5.
4. If I give birth to or adopt a child
during the Plan Year can I enroll at that time?
Yes, birth or adoption of a child qualifies
as a Family Status Change.
5. What other Family Status Changes
permit me to change my election during the Plan
Year? The IRS and your Plan specifically
define a Family Status Change as:
-
your marriage, divorce or legal separation
-
death of a spouse or dependent
-
birth or adoption of a dependent
-
termination or commencement of your spouse’s
employment
-
you or your spouse changing employment from
part-time to full-time or from full-time
to part-time
you or your spouse taking an unpaid leave
of absence
-
change in number of qualified dependents
-
change in cost of dependent care
-
change in coverage needed for dependent care
6. Child care tax credit vs. Dependent
Care Assistance Program? The child
care tax credit will vary depending on your
income. For some people, the child care tax
credit may offer more savings than a Dependent
Care Assistance Program. Use our online
calculator for a free personal tax analysis.
How does this Plan operate?
Before the start of each Plan Year, you can
elect to have a portion of your taxable income
contributed to the Plan and used to pay your
work-related dependent care expenses. The portion
of your pay that is paid to the Plan is not
subject to Federal income, social security or
most state and local income taxes. In other
words, this allows you to use tax-free dollars
to pay for child, elder and adult care expenses,
which you normally pay for with out-of-pocket,
taxed dollars.
CONTRIBUTIONS
1.
How much of my pay can I redirect?
Depending upon your circumstances, you can put
up to $5,000 a year into your Dependent Care
Account. If you file your income taxes as “head
of household” or “married, filing
jointly” you can put the full $5,000 a
year into your account.
If any of the following situations apply to
you, however, you may not be able to deposit
the full amount:
-
If you or your spouse earn less than $5,000
a year, you can contribute only as much
as the lower of the two incomes.
-
If you are married, but file a separate
federal income tax return, you can contribute
a maximum of $2,500 to your Dependent Care
Account.
-
If your spouse is a full-time student or
incapable of self-care, your maximum contribution
is $200 per month per child (during the
months that the spouse is a full-time student
or incapable of self-care) up to a maximum
of $4,800.
2. What happens to contributions made
by me to the Plan?
Your contributions will be used to pay for your
work-related dependent care expenses as they
arise during the Plan Year.
3. What happens if I don’t spend
all contributions?
Any monies left in your Dependent Care Account
at the end of the Plan Year will be forfeited
into the Benefit Plan Surplus and distributed
to participants at the end of the Plan Year
as outlined in paragraph 4 below. Thus, it is
important that you carefully calculate your
dependent care expenses.
4. What happens to the money in the
Benefit Plan Surplus?
All monies forfeited into the Benefit Plan Surplus
at the end of the Plan Year will be distributed
among all participants of your Dependent Care
Assistance Plan on a pro rata basis based on
employee participation as soon as is administratively
feasible.
5. When can I change the amount of my
contributions?
You can increase, decrease or cease your contributions
during the election period prior to the beginning
of the Plan Year or when a Family Status Change
occurs as outlined in Article I, paragraph 5.
However, if you do not change the election already
in place from the previous Plan Year, we will
assume you want them to remain the same.
BENEFITS
1. What are my choices?
You can choose to receive your entire compensation
in taxable wages or redirect a portion of your
before-tax wages for your eligible dependents'
qualified dependent care expenses.
2. Who is an “eligible dependent”?
An eligible dependent is any member of your
household for whom you can claim expenses on
Federal
Income Tax Form 2441 “Credit for
Child and Dependent Care Expenses”. Dependents
must be under age 13 or physically or mentally
unable to care for themselves.
3. What dependent care arrangements
qualify?
-
A
Dependent (Day) Care Center, provided that
the facility complies with all applicable
state and local laws.
-
An
Educational Institution for preschool. For
older children, only expenses for non-school
care are eligible.
-
An "Individual”, either licensed
or unlicensed, who provides care inside
or outside your home. The “Individual”
may not be a child of yours under age 19
or anyone who you may claim as a dependent
for Federal tax purposes.
-
You may pay for part-time care such as before
and after-school or during seminar only.
You may also pay for camp if your child
does not stay overnight.
BENEFIT PAYMENTS
1. How will I receive payments from
my account?
The Plan Administrator will pay your child,
elder or adult day care costs directly to your
care provider. You may also choose to pay your
care provider and be reimbursed. If you choose
reimbursement you must submit to the Plan Administrator
signed and dated receipts of expenses incurred
(copy of check is not sufficient). If you choose
direct payment to your care provider, you will
enjoy the convenience of having the payment
made for you with no receipts and no waiting
to get your money back.
2. When will my day care payment be
made?
You may choose for your care provider to be
paid every week or once a month. Payments are
mailed or direct deposited to the care providers
on Friday of each week. Payments will be made
to your care provider on your behalf only to
the extent that there are sufficient funds in
your Dependent Care Account to cover your incurred
dependent care expenses.
3. What should I do if there is a change
in the amount to be paid to my care provider
or if a different care provider is to be paid?
You may submit to the Plan Administrator a dependent
care payment change request in writing. Administrator
should be informed of any change at least two
(2) weeks prior to the change taking place.
In addition to the normal change in family status
rules allowing a participant to change their
election, (i.e., due to marriage, divorce, birth/
adoption/death of child, unpaid leave of absence
of either parent, either parent terminating
employment or either parent changing from full
to part-time or part to full- time), the following
new rules have been added. On March 23rd, 2000,
the IRS issued these additional new rules allowing
participants to change the amount redirected
into the program if any of the following occur:
-
Your dependent reaches age 13 and no longer
qualifies for the benefit (you can elect
out of the program).
-
Your care provider goes up on the cost (you
can automatically increase your childcare
deduction to the new amount if the care
provider is not your relative).
-
Your care provider reduces their charge
(you can automatically decrease your childcare
deduction to the new amount charged).
-
You change care providers (you can adjust
your childcare deduction up or down to the
amount charged by the new care provider
even if one of the providers is your relative).
-
Your need of coverage changes. Example:
your school-age child who normally requires
after-school care only needs full-time care
during the summer (you can increase or decrease
your childcare deduction to the new amount
charged).
-
You give your nanny a raise (you can increase
your childcare deduction to the increased
wages).
4. What happens if I terminate employment?
If you leave your employ during the Plan Year,
your right to benefits will be determined in
the following manner:
-
You
will still be able to request payment for
qualifying dependent care expenses for the
remainder of the Plan Year from the balance
remaining in your dependent account at the
time of termination of employment. However,
no further salary redirection contributions
can be made on your behalf after you terminate.
-
It is your responsibility to notify your
employer of a child or adult losing dependent
status under the Plan, at least sixty (60)
days prior to the event. It is the Employer’s
responsibility to notify the Plan Administrator
of your death or termination of employment.
HIGHLY COMPENSATED AND KEY EMPLOYEES
1. Do limitations apply to highly compensated
employees?
Under the Internal Revenue Code, highly compensated
employees and key employees generally are participants
who are officers, shareholders or highly paid.
You will be notified by your Employer each Plan
Year if you are a highly compensated employee
or a key employee.
If you are within these categories, the amount
of contributions and benefits for you may be
limited so that their Plan as a whole does not
unfairly favor those who are highly paid, their
spouses or their dependents. Federal tax laws
state that a Plan will be considered to unfairly
favor the key employees, if they, as a group,
receive more than 25% of all the nontaxable
benefits provided for under our Plan.
PLAN ACCOUNTING
The Plan Administrator will provide you with
a statement of your account, upon written request,
that shows all deposits made to your account
and all daycare disbursements made on your behalf.
ADDITIONAL PLAN INFORMATION
1. Your rights under ERISA.
Plan participants, eligible employees and all
other employees of the Employer are entitled
to certain rights and protections under the
Employee Retirement Income Security Act (ERISA)
including:
(a) right to examine, without charge, all Plan
documents at the Employer’s office, and
(b) the right to obtain copies of all Plan documents
upon request and at a reasonable charge.
ERISA also imposes the duty upon the people
responsible for operation (fiduciaries) of the
benefit to do so prudently and in the best interest
of the participants. If your claim for a benefit
is denied, you will receive a written explanation
of the reason for denial. You have the right
to request a review and reconsideration. Decisions
of the Plan Administrator are conclusive and
binding.
If you feel that your rights have been violated,
you may seek assistance from the U.S. Department
of Labor, or you may file suit in a Federal
Court.
2. Claims Process
Enrollment Applications should be submitted
to the Plan Administrator via mail or FAX. Requests
for reimbursement must include a signed and
dated receipt from the provider showing the
amount paid.
3. Will my Social Security benefits
be affected?
If you pay the maximum amount of social security
tax each year, your Dependent Care Assistance
Plan participation will not reduce the amount
of your social security benefits. However, if
your salary is below the social security wage
base, participation in the Plan may result in
a slight reduction of your social security benefits.
Usually, the resulting reduction will be negligible
and far out-weighed by the current increase
in your spendable income.
4. Must I file the Income Tax Form 2441
(Child and Dependent Care Credit)?
You must file a completed Form 2441 in order
for the benefits to remain non-taxable. Form
2441 is the same form used to claim the childcare
credit on your income tax return. Instructions
are provided with the tax form.
5. What if my provider does not report
the money I pay for the care of my dependent?
Regardless of whether you claim the child care
credit or not, the payment you make to the provider
is still taxable income to the provider. If
you elect into the DCAP, and decide not to account
for the redirected amount on Form 2441, the
amount redirected through this Plan will flow
through to page 1, line 7 of your Federal income
tax return as taxable income. The letters “DCB”
should be written on that same line.
SUMMARY
The money you earn is important to you and your
family. You need it to pay your bills, enjoy
recreational activities and save for the future.
Our Dependent Care Assistance Program will help
you keep more of the money you earn by lowering
the amount of taxes you pay. The Plan is the
result of our continuing efforts to find ways
to help you get the most for your earnings.
If you have any questions, please contact the
Plan Administrator. |