I have recently left a job in mid January where I had signed up for an FSA in the previous election period. At the end of January I also enrolled in an FSA. I found out that at my new company, the benefit year does not run Jan 1 to Dec 31, but starts May 1 to April 30.

I still have the opportunity to adjust my FSA at my new job. I want to maximize the amount I can put into the FSA since I have some expenses coming through 2017.

Here is some background:

Old Employer:

HRA plan where I also elected full FSA to pay for expenses for my wife, since she has a HDHP w/HSA (e.g., save the HSA money from her plan since it rolls over but use FSA money from my plan to pay her expenses).

I had elected ≈$500 and only used ≈$150 from this plan.

Plan year Jan 1 - Dec 31

New Employer:

My medical plan with new employer is traditional insurance PPO (NOT HRA, HDHDP, etc.)

I elected $1500 thinking it was a normal calendar year. Since I had medical coverage through the end of January, for Feb I can change the FSA election since I have a qualifying event (loss of coverage from old employer), which means I should be able to change this election.

For the new employer, the plan year will end April 30, 2017.

For new employer, can I elect the full $2550 if I think I will be able to spend it all by the end of April 30, 2017.

If so, for the new plan year that begins in May 1, 2017 - can I also then start a new $2600?

My concern is that for calendar year Jan 1 - Dec 31 2017 I will be electing $500+$2550+$2600 (old employer, new employer current benefit year, new employer next benefit year) and that this is not allowed in one calendar year?

I have read Can I use an FSA from multiple employers in a year? and it seems like it okay to max out the amount for the new employer, but can I still do FSA contributions when the new benefit year at new employer starts in May?

Is the amount limited to the amount deducted from my paychecks? e.g., I can only have payroll deduction of up to $2600 in calendar year 2017 across all of the plans? If I happen to be reimbursed more than I contributed from the old employer plan, that does not impact it?

Clearly, if I know I have the expenses coming before and after May this year this would allow me to maximize tax free money for these payments and my wife can save her HSA contributions for excess expenses or invest/retirement.

1 Answer 1


According to IRS Bulletin 2007-39, you can elect the maximum contribution allowed by your new employer (please note that though the IRS allows a maximum limit on Health FSA of $2,600, your employer's plan can limit that to a lower amount) so long as both employers are not part of a "controlled group."

The complicated part of this is that your wife is covered by HDHP w/ HSA. Under IRS Publication 969, you cannot make contributions to an HSA if you are covered by any other health care coverage. Since your spouse would also be covered by your FSA, that would disqualify your spouse from making any contributions towards her HSA.

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