Dependent Care Overpayment

[mbahart]

What is the name of your state (only U.S. law)? MN

I was terminated from a job in June and my prior employer now says that I received overpaymen of$600 in dependent care reimbursement. I am wondering if I am LEGALLY obligated to return this money, as it was their error.

 

[ecmst12]

Was this from a flexible spending account or something else?

 

[pattytx]

If it was the dependent care FSA, the law allows for reimbursement only up to the extent contributed (different from a medical FSA). If your were reimbursed for more than you contributed, the employer (or the third-party administrator) made an error and you owe them the money back. You don't get to profit from their mistake.