Section 125
I.R.C. Section 125 Cafeteria Plan
Glossary

Cafeteria Plan. A plan under which employees may choose between cash or qualified benefits (see flexible benefit plan).

Elective Contributions. An employee's salary reductions used to pay for qualified benefits.

Enrollment Period. The time period specified in the Plan Document during which employees are given the opportunity to elect to participate in a flexible benefit plan or Qualified Transportation Expense Plan.

ERISA. The Employee Retirement Income Security Act of 1974. This act deals with specific employee rights under benefit plans.

FICA. Federal Insurance Contributions Act. Commonly referred to as Social Security Tax.

FSA (Flexible Spending Account). An account funded with tax-free dollars that can be used to reimburse plan participants for eligible expenses. There are two types of accounts: medical or dependent care.

Flexible Benefit Plan. Eligible employees may choose among two or more benefits consisting of cash and nontaxable benefits.

FUTA. Federal Unemployment Tax Act.

HCE (Highly Compensated Employee). An employee is considered to be a Highly Compensated Employee (HCE) if at any time during the preceding year the employee meets any one of the following conditions:

  •  an officer (the term officer shall include an employee who has company-wide decision-making power);
  •  an employee who earned more than $85,000 in annual compensation at anytime during the preceding plan year, or, if elected by the employer, who was in the 20% top paid group;
  •  an employee who owned 5% or more of the company; or
  •  an employee who is a spouse or dependent of an individual described above.

Key Employee. An employee is considered to be a Key Employee if at any time during the current Plan Year or any of the four preceding Plan Years the employee met any one of the following conditions:

  •  was an officer of the company who earned more than $67,500 in annual compensation (the term officer shall include an employee who has company-wide decision-making power). The number of officers that must be recognized as key employees is limited to the greater of three officers or 10% of all employees, but in no case more than 50 employees;
  •  owned 1/2 percent or more of the company and received annual compensation from the employer of more than $30,000. This is limited to the 10 employees with the largest ownership interest in the company.
  •  owned 1% or more of the company and received annual compensation from the employer of more than $150,000; or
  •  owned 5% or more of the company.

Non-elective Contributions. Employer's funds provided to the employee for the purchase of benefits. These are sometimes referred to as a "Benefit Credit."

Plan Administrator. The entity or individual who has complete control over the operation of a flexible benefit plan, monitors movement within the plan, and reserves the right to make changes or terminate the plan. The employer is usually the plan administrator.

Plan Document. A formal written plan that describes the employer's intention under the law.

Plan Highlights. Part of the Plan Document which contains specific information regarding eligibility requirements, the Plan Year dates, eligible benefits, etc.

Plan Year. The period of time specified in the Plan Document for the actual operation of the Plan.

QTE (Qualified Transportation Expense). Work-related mass transit or parking expenses as defined under IRC Section 132(f) as eligible expenses.

Summary Plan Description/Plan Summary. A separate document which summarizes the Plan's eligibility requirements, benefits and election requirements. This document must be written in an easy-to-understand style and must be provided for each employee eligible to participate in the Plan.

"Use It or Lose It Rule" Any funds that remain in a Medical or Dependent Care Flexible Spending Account after the grace period following the end of the Plan Year will be forfeited by the participant.

W-2. Form issued by the employer to the employee to indicate earnings and withholdings at the end of the tax year. This form must be issued by January 31 for the previous calendar year.