I signed up for a medical flex account in Feb of 2010. When I checked with my employer they acknowledged I had signed up for this they just neglected to withdraw the funds. Am I still eligible to the funds? If they had taken the funds and I didn't have enough expenses for the full amount you can bet they would keep the money.

patsrulebigtime
if you had enrolled and they didn't do it, it is clearly a problem with them and they need to rectify it. talk to your HR

the tax lady
So from February until November, you never noticed and never complained? The time to bring the error to their attention was on the first 1 or 2 paychecks it wasn't taken out.

JC
Assuming for a moment that you could still contribute, they would have to take ALL of the amount out of one or two checks and then you would have to use all of the money by the end of the month or you would lose it. You would be better off just signing up for the 2011 plan and letting it kick in in January.

tro
if they never took it out of your paycheck it has never been paid to the company that administers the fund

Ryan M
Since the funds were never taken out, they were included in your take-home pay. You were eligible to the funds each paycheck. You cannot honestly think that you should be able to enjoy the additional take home pay AND still have the funds in the account due to the error. You do not get enriched by a mistake.

Bobbie
Yes they would have have but you are very fortunate that you did not need the funds for any medical bills and then found out that they were not available to you tax free of federal income tax.
You would have never paid any federal income taxes on the amounts that you would have lost because you did not have any of the necessary qualified medical expenses to use for that purpose.
Hope that you find the above enclosed information useful for your situation and good luck to you.

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