NORTHERN MICHIGAN UNIVERSITY 2009 FLEXIBLE SPENDING ACCOUNTS If you expect to have any uninsured medical, dental, or vision expenses next year, or if you pay someone to care for a child or incapacitated dependent adult in order for you and your spouse to work, then you will be interested in the Flexible Spending Accounts. Both plans are intended to meet the requirements of Section 125 of the Internal Revenue Code. There are two separate accounts, one for health care expenses and one for dependent care expenses. You can contribute to both of them, only one, or neither. If you wish to participate in one or both of these accounts, you must decide how much to deposit for the plan year, i.e., January 1 through December 31, 2009. Each reimbursement account is similar to a checking account. You make regular deposits to your reimbursement account each pay period according to your election. When you incur a qualifying expense, submit the necessary documentation for reimbursement to the Human Resources Department with your reimbursement request form. Money then is withdrawn from your account to cover the expense and you receive the reimbursement. Deposits to your reimbursement account are made with before-tax dollars and reimbursements are not subject to income taxes. This means that you save on federal, state and Social Security taxes. For example, assume that you are married and elect to deposit $500 into a health care reimbursement account for the plan year. Assume also that you earn $25,000 a year. Because pay withheld under a cafeteria plan is not subject to income and FICA (Social Security) taxes, your tax savings (assuming no tax deduction) is as follows: (Based on 2008 tax tables) With Flexible Spending Account Without Flexible Spending Account Gross Income Pay Withheld - Flex Spending Taxable Income Federal Income Tax State Income Tax FICA Tax TOTAL TAXES $25,000.00 500.00 24,500.00 3,675.00 1,065.75 1,874.25 $ 6,615,75 $25,000.00 -025,000.00 3,750.00 1,087.50 1,912.50 $ 6,750.00 TOTAL TAX SAVINGS WITH FLEXIBLE SPENDING ACCOUNT $ 134.25 1 Affect on Other Benefits – Social Security Benefits Flexible Spending Account deductions lower your pay used to calculate your Social Security benefits. This means that if you are earning less than the Social Security wage base, you will pay less FICA taxes now, but your eventual Social Security benefit may be slightly less due to the lower wage used in the Social Security benefit calculation. However, in most cases, the amount of FICA tax savings will be more than the amount by which your future Social Security benefits will be reduced. Other Benefits Although Flexible Spending Account deductions lower your salary when computing income tax, the deductions do not lower the amount of salary used to calculate other benefits, such as retirement plan contributions, long-term disability, and group life insurance. It could, however, affect your maximum exclusion allowance for tax-deferred annuities. Health Care Spending Account Traditional medical coverage provided by the University or your spouse's plan may not cover all health care expenses. Under the Health Care Spending Account, you can use before-tax salary dollars to pay for services such as orthodontia, individual psychiatric or psychological counseling to the extent not reimbursed under a health plan, and other costs that are not covered by your medical plan. In fact, almost any health, dental or vision care expense that would qualify as a deduction on your income tax return will qualify for reimbursement as long as the expense is not paid by another benefit plan. The complete copy of IRS Publication 502, Medical and Dental Expenses, may be obtained at http://www.irs.gov/pub/irs-pdf/p502.pdf. Examples include the following: The deductible or the co-pay amount you pay under the health plan. If you or a member of your family is covered under two health plans, only the amount not paid under either plan is eligible for reimbursement. Deductibles and co-pays for other health, dental or vision plans under which you or your family is covered. Expenses not covered by your health plan. Dental expenses to the extent not reimbursed under another health plan. Vision expenses as well as the cost of a guide dog for the blind and special educational devices for the blind (such as a special typewriter). Hearing expenses, including hearing aids, special instructions or training for the deaf (such as lip reading) and the cost of acquiring and training a dog for the deaf. 2 Individual psychiatric or psychological counseling to the extent not reimbursed under a health plan. Transportation expenses to receive medical care, including fares for public transportation and actual out-of-pocket expenses. You can use a standard mileage rate of $.27 per mile for medical purposes (effective 7/1/08 to 12/31/08, subject to change per IRS notice). Miscellaneous expenses, including installation and monthly rental charges for fluoride treatment to home water (by recommendation by a dentist). If you decide to participate in this account, you must choose the amount of before-tax pay you want deposited to your account for the year. Your deposits can range to a maximum of $2,500 annually. Your deposits are deducted from your pay before federal, state, and Social Security taxes have been deducted. This reduces your taxable income and your tax obligation. Dependent Care Spending Account This account permits you to use before-tax dollars for eligible dependent care expenses if you need to pay for dependent care services so that you, or you and your spouse, can work outside the home. Examples of eligible dependent care expenses include: Household services related to the care of your dependent. The care of your dependent in your home. The care of your dependent outside of your home if that dependent regularly spends at least eight (8) hours each day in your home. The Internal Revenue Service allows you to participate in this account. To qualify for reimbursement of these expenses, the following rules must be satisfied: If the expenses are for your child, the child must be under 13 years of age and be claimed as a dependent on your income tax return. Other reimbursable expenses must be for your disabled spouse or other disabled individual who is your dependent for tax purposes. The services must be necessary to enable you, or if you are married, you and your spouse, to be employed or to go to school on a full-time basis. The services may be provided inside or outside your home, but not by someone who is your minor child or your dependent for income tax purposes. 3 If services are provided by a day care facility that cares for six (6) or more children at the same time, it must be a licensed day care center. The amount reimbursed cannot be greater than the income you or your spouse earns, whichever is lower. The services must be for the physical care of the child, not for education, meals, and other service. Your deposits to your Dependent Care Spending Account can range up to a maximum of $5,000 annually. It is important to remember that the maximum amount that you deposit cannot be greater than the income you or your spouse earns, whichever is lower. Dependent Care Tax Credit vs. the Spending Account If you do not pay for all of your dependent care expenses from your spending account, you may be able to take a percentage of those expenses as a credit on your federal income tax return. For one dependent, you may be able to take a percentage of your unreimbursed dependent care expenses up to $2,400 as a tax credit. If you have two or more dependents, you may be able to take a percentage of your un-reimbursed dependent care expenses up to $4,800 as a tax credit. Keep in mind that you cannot use both the spending account and a tax credit for the same expenses. Furthermore, your expenses eligible for the tax credit will be reduced, dollar for dollar, by each dollar that is reimbursed from your spending account for dependent care expenses. However, you may be able to coordinate some of your dependent care expenses between the spending account and the federal tax credit. In order to examine your alternatives, you should consult with a tax advisor. If you want to claim the tax credit or use the spending account, you must get IRS Form W10, Dependent Care Provider's Identification and Certification, and give it to each of your care providers to fill out and return to you. This form should not be sent to the IRS. Instead, keep it with your records. On the Form W-10, your care provider (unless tax-exempt) should provide you with its taxpayer identification number. If you claim the tax credit or use the spending account, you must supply the correct name, address and taxpayer identification number of your care provider(s) with your federal income tax return. If you do not furnish correct or complete information to the IRS, you will not be able to claim the tax credit or to use the tax-free spending account unless you show the IRS that you exercised due diligence in attempting to acquire the required information. See IRS Publication 503, Child and Dependent Expense, for more information at http://www.irs.gov/pub/irs-pdf/p503.pdf for more information. 4 Planning your Deposits for the Dependent Care Account Each year you must decide, in advance, what your deposit to your Dependent Care Spending Account will be. This amount cannot be changed during the year unless you have a change in status, such as: Change in legal marital status, including marriage, death of spouse, divorce, legal separation or annulment. Change in the number of tax dependents, including birth, adoption, placement for adoption, commencement or termination of adoption proceeding, or death of dependent. Change in employment status of the employee, spouse or dependent including: Termination or commencement of employment; Commencement or return from an unpaid leave of absence; Commencement or termination of strike or lockout; or Change from salaried to hourly which causes or terminates eligibility under a plan. The dependent satisfies or ceases to satisfy the requirements for coverage due to attainment of age, student status or any similar circumstances as provided under the accident or health plan under which the employee receives coverage. Significant cost or coverage change due to a new child care provider, a child begins school, or a raise in care giver compensation. A change in the place of residence or work site of the employee, spouse or dependent. A change in the spouse’s or dependent’s coverage under another employer’s plan including election and open enrollment changes. The taking of a leave under the Family Medical Leave Act (FMLA). Termination of employment for a period exceeding 30 days. An addition or elimination of a fringe benefit under this Plan. Significant cost change imposed by dependent care provider (who is not a relative of employee). Should your family status change and you decide to begin, discontinue, or change the amount of your deposits, your forms must be returned within 30 days of the date of your 5 family status change. The IRS requires that any money remaining in your account(s) at year-end must be forfeited. Since the University does not want to gain from these forfeitures, significant unused employee deposits may be reallocated to all participants in future years. In order to maximize the tax advantages offered through the reimbursement accounts, you should estimate your health care and your dependent care expenses carefully before the beginning of each year. Planning your Deposits for the Health Care Spending Account Each year you must decide, in advance, what your deposit to your Health Care Spending Account will be. However, any changes you make to your amount must correspond and be consistent with the event permitting the election change. For example: if you add a dependent, the deposit amount could increase. Events permitting a change include: Change in legal marital status, including marriage, death of spouse, divorce, legal separation or annulment. The Judgment, Decree or Order requiring a change in health coverage for your child. Change in the number of tax dependents, including birth, adoption, placement for adoption, commencement or termination of adoption proceeding, or death of dependent. Change in employment status of the employee, spouse or dependent including: Termination or commencement of employment; Commencement or return from an unpaid leave of absence; Commencement or termination of strike or lockout; or Change from salaried to hourly which causes or terminates eligibility undera plan. The dependent satisfies or ceases to satisfy the requirements for coverage due to attainment of age, student status or any similar circumstances as provided under the accident or health plan under which the employee receives coverage. A change in the place of residence or work site of the employee, spouse or dependent. A change in the spouse’s or dependent’s coverage under another employer’s plan including election and open enrollment changes. Gain or loss of Medicare or Medicaid entitlement. The taking of a leave under the Family Medical Leave Act (FMLA). 6 Termination of employment for a period exceeding 30 days. Eligibility for COBRA continuation coverage by the employee, spouse or dependent under the University’s group health plan. An addition or elimination of a fringe benefit under this Plan. Should your family status change and you decide to begin, discontinue, or change the amount of your deposits, your forms must be returned within 30 days of the date of your family status change. The IRS requires that any money remaining in your account(s) at year-end must be forfeited. Since the University does not want to gain from these forfeitures, significant unused employee deposits may be reallocated to all participants in future years. In order to maximize the tax advantages offered through the reimbursement accounts, you should estimate your health care and your dependent care expenses carefully before the beginning of each year. How to Enroll Enrollment in these accounts will be possible only during the flexible spending open enrollment period which is one month each year (i.e., November). New hires may participate upon hire, however, a decision must be made and forms returned to Human Resources within 30 days of hire. Only expenses you incur on or after the first day of the plan year, i.e., January 1, 2009 (or your participation in this plan, if later) will be eligible for reimbursement. If you Leave Participation in the spending accounts will not end automatically on the date your employment with the University ends. If at that time there are funds remaining in your Dependent Care Spending Account, you will be able to submit claims incurred prior to your termination date up to the amount remaining in your account. Your Health Care Spending Account works differently. If at the time of your termination there are funds remaining in your Health Care Spending Account, you also will be able to submit claims incurred prior to your termination date but up to the total amount that you elected to deposit in your account, less the amount of any prior claims paid. Also, if there are funds remaining in your account you may make additional contributions to your account under COBRA on an after-tax basis after you leave the University. If you continue making contributions to your account, you may continue to submit claims for eligible expenses that were incurred after your termination date and through the end of the year (or through the end of the month for which you made your last contributions if earlier). If you choose not to continue contributions after you leave the University, you may submit claims incurred only through your termination date. 7 Procedures for Expense Reimbursement Claims incurred during a calendar year must be submitted by March 1 of the following calendar year. The minimum combined expenses submission is $50. If your claim is for less than $50, your claim will be returned, except for December and the extended plan year. Dependent Care Expense Reimbursement To request reimbursement, you must submit a completed Dependent Care Assistance Program Reimbursement Request form to the Human Resources Department, 158 Services Building. Only expenses incurred during the same calendar year during which your deposits were made can be applied against that year’s balance in your account. Reimbursement checks will be written promptly (usually within 5 days) provided there are sufficient funds in your account to cover the amount of the request. If not, you must retain the request form until there is enough money in your account. You will have until March 1st of the next calendar year to submit Reimbursement Requests for expenses that were incurred in the previous calendar year and retain a before-tax status on the reimbursement. Any significant unused employee deposits left in the participants’ accounts on or after March 1st may be pooled with all other participants' balances and distributed on a pro rata basis to all who were participants on December 31 and have re-enrolled for the coming year. Therefore, you will want to carefully and conservatively estimate your expenses before you sign the Authorization forms since the IRS requires that any money remaining in your account(s) at year-end must be forfeited. You cannot withdraw the money from your account except for reimbursement of eligible expenses even if you terminate from the University. Special Procedures for Health Care Claims 1. First, file a claim with our health, dental or optical insurance administrator and an Explanation of Benefits (EOB) form will be sent to you after the claim is processed. The EOB form will show the amount, if any, that the plan does not cover. 2. If you are also covered under your spouse's plan, you will need to file the claim with his/her insurance company next. If any amount of the claim still remains unpaid, you will receive another EOB form from that carrier. 3. Send the original EOB forms, along with a reimbursement request to the Human Resources Department at the University. 8 4. If the claim is not covered under any plan, submit a detailed list, including itemized receipts, directly to the Human Resources Department with your reimbursement request form. 5. You may pay the expense directly, and then submit a claim for reimbursement including itemized receipts. Reimbursement checks will be written promptly (usually within 5 days). The plan provides that the entire amount you have elected to deposit in your Health Care Flexible Spending Account will be made available to you throughout the plan year, less the amount of any prior claims paid. You will have until March 1st of the next calendar year to submit Reimbursement Requests for expenses that were incurred in the previous calendar year and retain a before-tax status on the reimbursement. Any significant unused employee deposits left in the participants’ accounts on or after March 1st may be pooled with all other participants' balances and distributed on a pro rata basis to all who were participants on December 31 and have re-enrolled for the coming year. Therefore, you will want to carefully and conservatively estimate your expenses before you sign the Authorization form since the IRS requires that any money remaining in your account(s) at year-end must be forfeited. You cannot withdraw the money from your account except for reimbursement of eligible expenses even if you terminate from the University. THE FLEXIBLE SPENDING ACCOUNTS ARE OFFERED BASED UPON A CURRENT UNDERSTANDING OF THE PROVISIONS OF THE INTERNAL REVENUE CODE. SUBSEQUENT LEGISLATION AND REGULATIONS MAY CHANGE THE RULES FOR THESE ACCOUNTS. THEREFORE, THE PLAN MAY BE AMENDED OR DISCONTINUED IF CHANGES IN THE INTERNAL REVENUE CODE OR THE REGULATIONS MAKE IT ADVISABLE TO DO SO. THIS PLAN HAS BEEN DESCRIBED IN GENERAL TERMS ONLY. IN THE EVENT OF A CONFLICT BETWEEN THE CONTENT OF THIS DESCRIPTION AND THE PLAN DOCUMENT, OR IN CASES NOT SPECIFICALLY COVERED BY THIS DESCRIPTION, THE TERMS OF THE PLAN DOCUMENT WILL GOVERN. 9 WORKSHEET: DEPENDENT CARE TAX COMPARISON Estimate of Federal Tax Credit 1. Total expected child care expenses (cannot be greater than the lesser of your income or your spouse's income) $_________ 2. Maximum expenses eligible for tax credit ($2,400 for one child; $4,800 for more than on child*) $__________ 3. Percentage from Table 1 based upon joint income _________% 4. Estimate tax credit (multiply line 3 by the smaller of line 1 or line 2) $__________ Estimate of Tax Savings with the Dependent Care Spending Account 1. Annual deposit to your Dependent Care Spending Account (Cannot be greater than $5,000 or the lesser of your income or your spouse's income) $__________ 2. Federal tax rate (using your joint income from Table II) _________% 3. Social Security tax rate (if your salary plus deposit is less than or _________% equal to $106,880, use 7.65%; use 1.45% for amounts over $106,880) 4. Michigan tax rate (4.35%) _________% 5. Total tax rate (line 2 plus line 3 plus line 4) _________% 6. Estimate tax savings (multiply line 1 by line 5 $__________ *The maximum amount of expense eligible for the tax credit must be reduced dollar for dollar by amounts paid from your Dependent Care Spending Account. Compare the estimated tax credit with the estimated tax savings using the Dependent Care Spending Account. The Dependent Care Spending Account usually is more advantageous if your total income is greater than $25,000 per year. However, since each person's tax situation is unique, you should talk with a tax advisor before making your final decision. 10 TABLE I Adjusted Gross Income Up to $10,000 $10,001 - 12,000 $12,001 - 14,000 $14,001 - 16,000 $16,001 - 18,000 $18,001 - 20,000 $20,001 - 22,000 $22,001 - 24,000 $24,001 - 26,000 $26,001 - 28,000 $28,001 and over Percentage 30 29 28 27 26 25 24 23 22 21 20 TABLE II FEDERAL INCOME TAX RATES FOR 2007 Tax Rate 1. 2. 3. 4. Married Filing Jointly - Taxable Income: $0 to $16,050 $16,050 to $65,100 $65,100 to $131,450 $131,450 to $200,300 $200,300 to $357,700 Over $357,700 10.0% 15.0% 25.0% 28.0% 33.0% 35.0% Single Individuals - Taxable Income: $0 to $8,025 $8,025 to $32,550 $32,550 to $78,850 $78,850 to $164,550 $164,550 to $357,700 Over $357.770 10.0% 15.0% 25.0% 28.0% 33.0% 35.0% Married Filing Separately - Taxable Income: $0 to $8,025 $8,025 to $32,550 $32,550 to $65,725 $65,725 to $100,150 $100,150 to $178,850 Over $178,850 10.0% 15.0% 25.0% 28.0% 33.0% 35.0% Head of Household - Taxable Income $0 to $11,450 $11,450 to $43.650 $43,650 to $112,650 $112,650 to $182,400 $182,400 to $357,700 Over $357,700 10.0% 15.0% 25.0% 28.0% 33.0% 35.0% 11