The Heroes Earnings Assistance and Relief Tax Act of 2008

 

The Heroes Earning Assistance and Relief Tax Act of 2008 (“Heart Act”) created a new provision under code section 125 that allows, but does not require, employers who offer a health FSA, to permit “qualified reservist distributions” (QRDs) from health FSAs.  This is an optional benefit, and employers are not required to permit such distributions. The HEART Act was signed into law on June 17, 2008 and the IRS has issued notice 2008-82 to assist employers in their compliance efforts.

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