S. 2802Senate115th Congress (2017-2019)In Committee

Responsible Additions and Increases to Sustain Employee Health Benefits Act of 2018

Sponsored by Roy BluntSen. Roy Blunt (R-MO)
Introduced May 8, 2018

AI-Generated Summary

Updated April 15, 2026 at 9:34 PM UTC

The bill changes the tax rules for health flexible spending arrangements (FSAs) so families can save more pre‑tax money for medical expenses. It raises the annual contribution limit, adds a small extra amount for each additional dependent, and lets unused FSA balances be carried forward to the next year without being taxed. The changes apply to employees who participate in FSAs under the Internal Revenue Code.

Key Provisions

  • Increases the FSA annual maximum from $2,500 to $5,000, plus an extra $500 for each dependent beyond two, with a rule to prevent the same dependent from being counted twice in the same year.
  • Updates the inflation‑adjustment dates in the code to reflect 2018 and 2017 data.
  • Allows participants to carry forward any unused FSA balance to the following year, treating the carryforward as occurring within 30 days of year‑end.
  • Specifies that carried‑forward amounts are not included in gross income and do not reduce the contribution limit for the next year.
  • Renames the relevant code section heading to "Special Rules for Health Flexible Spending Arrangements" and sets the changes to take effect when the law is enacted.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance.

May 8, 2018

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SenateIntro Referral

Introduced in Senate

May 8, 2018

SenateIntro Referral

Read twice and referred to the Committee on Finance.

May 8, 2018

Bill Text

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Introduced in SenateIssued May 8, 2018

II

115th CONGRESS

2d Session

S. 2802

IN THE SENATE OF THE UNITED STATES

May 8, 2018

Mr. Blunt introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend the Internal Revenue Code of 1986 to provide the opportunity for responsible health savings to all American families.

1.

Short title

This Act may be cited as the Responsible Additions and Increases to Sustain Employee Health Benefits Act of 2018.

2.

Expandable health flexible spending arrangements

(a)

Expansion of annual maximum

(1)

In general

Paragraph (1) of section 125(i) of the Internal Revenue Code of 1986 is amended—

(A)

by striking $2,500 and inserting $5,000, with an additional $500 per each additional employee dependent above two dependents; and

(B)

by inserting at the end the following: An additional employee dependent may not be taken into account under the preceding sentence for any taxable year if such additional employee dependent has been taken into account by another person under such sentence for such taxable year..

(2)

Adjustment for inflation

Paragraph (2) of section 125(i) of the Internal Revenue Code of 1986 is amended—

(A)

by striking December 31, 2013 and inserting December 31, 2018;

(B)

by striking the dollar amount and inserting each of the dollar amounts; and

(C)

in subparagraph (B), by striking calendar year 2012 and inserting calendar year 2017.

(b)

Carryforward of unused benefits

Section 125(i) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

(3)

Carryforward of unused benefits

(A)

In general

A plan or arrangement may permit a participant in a health flexible spending arrangement to elect to carry forward any aggregate unused balances in the participant’s accounts under such arrangement as of the close of any year to the succeeding year. Such carryforward shall be treated as having occurred within 30 days of the close of the year.

(B)

Limitation

The amount which a participant may elect to carry forward under subparagraph (A) from any year shall be any aggregate unused balances in the participant’s account at the close of any year.

(C)

Exclusion from gross income

No amount shall be included in gross income under this chapter by reason of any car­ry­for­ward under this paragraph.

(D)

Coordination limits

The maximum amount which may be contributed to a health flexible spending arrangement for any year to which an unused amount is carried under this paragraph shall not be reduced by such unused amount.

.

(c)

Conforming amendment

Section 125(i) of the Internal Revenue Code of 1986 is amended by striking Limitation on flexible spending arrangements in the heading and inserting Special rules for health flexible spending arrangements.

(d)

Effective date

The amendments made by this section shall take effect on the date of the enactment of this Act.