Section 125 plan: Overview, definition, and example

What is a Section 125 plan?

A Section 125 plan, also known as a "cafeteria plan," is a type of employee benefits plan that allows employees to choose from a variety of pre-tax benefits offered by their employer. The plan is named after Section 125 of the Internal Revenue Code (IRC), which outlines the rules for these flexible benefit programs. Under a Section 125 plan, employees can select benefits such as health insurance, dental insurance, vision coverage, flexible spending accounts (FSAs), and dependent care assistance, all while reducing their taxable income.

The key feature of a Section 125 plan is that the employee's contributions to these benefits are made on a pre-tax basis, meaning the money is deducted from their paycheck before taxes are applied. This results in a reduction in taxable income, potentially lowering the employee’s overall tax liability.

Why is a Section 125 plan important?

A Section 125 plan is important because it provides both employees and employers with significant tax savings. For employees, the ability to contribute to benefits on a pre-tax basis reduces their taxable income, leading to lower federal income taxes, Social Security, and Medicare taxes. For employers, offering a Section 125 plan can reduce payroll taxes, as employer contributions to the plan are not subject to these taxes.

In addition, Section 125 plans increase the flexibility of employee benefits, allowing employees to tailor their benefit choices to their personal needs and preferences. This customization makes the benefits package more attractive and may improve employee satisfaction and retention.

Understanding Section 125 plan through an example

Imagine an employee, John, who participates in his employer's Section 125 plan. Through the plan, John chooses to enroll in health insurance, contribute to a flexible spending account (FSA), and set aside money for dependent care expenses. These benefits are deducted from John's paycheck before taxes are calculated, which reduces his taxable income. As a result, John pays less in federal income taxes, Social Security, and Medicare taxes than he would have if he had paid for these benefits with after-tax dollars.

In another example, an employee, Sarah, decides to use her Section 125 plan to pay for her commuting expenses with pre-tax dollars. Her employer offers a transit benefit through the plan, which allows Sarah to set aside money for bus or train passes before taxes are applied. This reduces Sarah’s taxable income, saving her money on both commuting expenses and taxes.

Example of Section 125 plan clause

Here’s how a Section 125 plan clause might appear in an employer’s benefits documentation or employee handbook:

“The Company offers a Section 125 Cafeteria Plan, allowing employees to choose from a variety of pre-tax benefit options, including health insurance, dental coverage, vision care, dependent care assistance, and a flexible spending account (FSA). Employees’ contributions to these benefits will be deducted from their salaries on a pre-tax basis, reducing their taxable income and providing tax savings. All elections must be made during the annual open enrollment period or upon qualifying events.”

Conclusion

A Section 125 plan is a powerful employee benefits tool that allows workers to reduce their taxable income by contributing to a range of pre-tax benefits. This plan provides both financial savings for employees and tax advantages for employers. By offering a variety of flexible benefits, it enhances employee satisfaction and retention, making it a valuable part of many companies' compensation packages. Understanding how a Section 125 plan works can help employees make informed decisions about their benefits while optimizing their tax savings.


This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.