Complaints

• Initial Complaint

  05/25/2023

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  I have been using Pro-Flex for my job's Flex Pay account. $250 of each of my checks is taken out and paid back to me as I enter each claim for dependent care. This year, I signed up, as I do each year only to find that I have $1,250 left in last year's dependent care account. I was told, after I made a claim for that money, that it was denied and I entered an appeal which was also denied. It seems, the reason why I never received this $1250.00 was because on 10/25/22, the running balance was listed as $0.00 leaving me to believe that there was no more money waiting to be claimed for dependent care. I am not sure why I cannot now access that money as the money was taken from my pay checks and I have documentation that is valid proof that I spent that money on dependent care on the appropriate dates. 10/25/22 Running Balance.

  Business response

  07/07/2023

  According to IRS regulations FSA Dependent Care Account (DCA) funds are made available to members as they are withheld from a member’s paycheck. At the time that this member submitted a claim, the total balance in his DCA was reimbursed to him, leaving a zero balance as of that date. Payroll deductions that occurred after his reimbursement request created an additional balance which was made available to the member.

   

  Members have online access to their accounts via ProFlex’s free mobile app and online Employee Portal. Enrollment and plan information is provided to the member annually during open enrollment. Online account access information is mailed to each member after their initial enrollment along with a debit *********d through which members can access their funds throughout the year. This member did receive the communication mailed to him proven by the fact that he has been using his card to access his account regularly.  

   

  DCA Members are also subjecttotheuse-or-loserule.Thismeansthatcontributionsmade totheplanthatarenotusedduringoneplanyeargenerallycannotbecarriedovertothe nextplanyear. Underalimitedexception,plansmayallowparticipantstoaccessunused DCAcontributionsremainingintheiraccountsattheendofaplanyeartoreimburse expensesincurredduringagraceperiodofuptotwomonthsand15daysaftertheclose of the plan year. This member’s plan does include the grace period provision. This member’s DCA plan indicates the deadline to submit claims (run out period) is 90 days following the end of the plan year, or in this case, March 31^st .

   

  The member submitted his claim on May 2^nd, 2023, well after the deadline of March 31^st 2023 for 2022 DCA claims. His claim for reimbursement was denied. An appeal was submitted and reviewed with our compliance team and the Plan Administrator. The Plan’s Summary Plan Description (SPD) is reviewed along with each appeal we receive. The SPD clearly indicates the 90 day run out period for claim submission, so the appeal was denied, and no additional funds have been paid.

   

  Plan forfeitures are utilized by the member’s employer to cover the administrative costs associated with running the plan. At this time, the unclaimed 2022 DCA funds are considered a forfeiture.

  Customer response

  07/07/2023

  Better Business Bureau:
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
  Regards,
  ******* *********
  
  
  
  
  

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