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I am on Medicare but still working and enrolled into high…

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I am on Medicare but...
I am on Medicare but still working and enrolled into high deductible medical plan which is normally eligible for HSA benefits. However, since I am on Medicare I cannot contribute to HSA in this plan. My wife is also on my plan (and not on Medicare). My employer plan does not allow her to make contributions to HSA because she does not work for my company. Can my wife enroll into private HSA plan and contribute to the family maximum for HSA (6k+)?
Submitted: 7 months ago.Category: Employment Law
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Answered in 6 hours by:
12/31/2017
Employment Lawyer: Blake, Lawyer replied 7 months ago
Blake
Blake, Lawyer
Category: Employment Law
Satisfied Customers: 107
Experience: Counsel at Warningstar Intelligence
Verified

Hello, I am a licensed attorney with JustAnswer and I will be happy to help you with this. Please keep in mind that this conversation is for informational purposes only and does not establish an attorney client relationship. Please wait one moment while I review this matter for you.

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Employment Lawyer: Blake, Lawyer replied 7 months ago

Thank you for your patience. The short answer to your question is yes, as long as your wife is HSA eligible she may enroll in a private HSA plan and contribute to the family maximum for HSA.

Your enrollment in Medicare doesn't impact your spouse's eligibility to open and contribute to her own HSA, since only you can access benefits through your Medicare coverage.

You might also be interested to know that anyone can contribute to anyone else’s HSA. If your spouse is enrolled in an HSA-qualified medical plan (even if you’re the plan subscriber) and she meets all eligibility criteria, she can open her own HSA. Both you and she can contribute to the HSA. You can contribute personal funds, either through post-tax payroll (you can set up a payroll deduction to send money directly to your spouse’s HSA) or with personal funds. Your spouse then deducts these contributions on her (or if you’re filing jointly, your joint) personal income tax return.

I hope this information is helpful to you and I wish you all the best with this.

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Customer reply replied 7 months ago
thank you for your thorough answer. We also have a young child who is also on the same plan. Can my wife contribute $6900 for her and a child and then also contribute $3450 for me for a total of $10,350 to HSA. If not -- but If I plan to get off Medicare before December 1, 2018 -- would we be able to contribute total of $10,350 in this case for 2018? I also presume that since my wife is establishing her own HSA account -- then we can contribute a lump sum for a total amount?
Employment Lawyer: Blake, Lawyer replied 7 months ago

I apologize for the delay - I am out of the office for the next few days so I will open this up for another expert to respond to.

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