Flexible Spending Accounts require an SPD. An SPD is still required, in order to describe the benefits, even though there would not be a Form 5500 filing requirement so long as the plan is maintained separately from the welfare benefits and does not exceed 100 participants. As with any other health care SPD, ERISA language and claims procedures are necessary because the health FSA is classified as a medical plan under ERISA.
Third-party administrators of many Flexible Spending Accounts automatically furnish a plan document and SPD to the employer. The employer can choose to adopt and use this plan, but it should have a separate Plan Number from the health and welfare plan, as it would be treated as a separate plan. Likewise, the employer can choose to ignore the separate plan/SPD and create a single plan that encompasses all benefits, one of which would be the FSAs. As long as the employees are provided with an SPD for the FSA benefits, either method is acceptable.
