Texas Administrative Code
Title 1 - ADMINISTRATION
Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION
Chapter 358 - MEDICAID ELIGIBILITY FOR THE ELDERLY AND PEOPLE WITH DISABILITIES
Subchapter C - FINANCIAL REQUIREMENTS
Division 3 - INCOME
Section 358.385 - Cafeteria Plan Benefits
Universal Citation: 1 TX Admin Code ยง 358.385
Current through Reg. 49, No. 38; September 20, 2024
The Texas Health and Human Services Commission exempts cafeteria plan benefits as defined in and based on §125 of the Internal Revenue Code (IRC), except that:
(1) cash received under a cafeteria plan in lieu of benefits is not exempt, but is counted as earned income; and
(2) payroll deductions used to purchase cafeteria plan benefits in addition to or instead of those purchased under a salary reduction agreement are not exempt, but are part of the employee's wages and are counted as earned income.
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