Got this from a 125 administrator . . .
The legal: Hardship is not a qualifying event permitting a change in a premium election mid-year. He can drop the insurance but cannot stop the withholding until the end of the year.
The practical: I don't know of many groups that enforce this rule as it relates to premium. The IRS has never fully audited any 125 plan ... anywhere ... anytime ... since 1978 when passed and have no money in the budget to do so. The Emperor in Washington not only has no clothes ... he also has no teeth. The upside to permitting a change like this is a happy employee. The downside, if audited, would be some back taxes and penalties. The probability of the downside ... something less than .00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000001. The most I have ever heard about an IRS audit is they have asked to see their written plan and SPD.
The practical: I don't know of many groups that enforce this rule as it relates to premium. The IRS has never fully audited any 125 plan ... anywhere ... anytime ... since 1978 when passed and have no money in the budget to do so. The Emperor in Washington not only has no clothes ... he also has no teeth. The upside to permitting a change like this is a happy employee. The downside, if audited, would be some back taxes and penalties. The probability of the downside ... something less than .00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000001. The most I have ever heard about an IRS audit is they have asked to see their written plan and SPD.