The Fixed Indemnity Health plan does not take advantage of any new or undiscovered tax loophole. The Fixed
Indemnity Health plan is a cafeteria plan, which is a type of insurance plan that meets the specific
requirements of Section 125 of the Internal Revenue Code. A cafeteria style benefit plan allows employees to
select among a variety of nontaxable benefits (e.g. the Fixed Indemnity Health plan) and cash (e.g. salary).
Cafeteria plans operate under a special provision of the Internal Revenue Code – Section 125. Section 125 of
the Internal Revenue Code was enacted in 1969 and provides a special exception to the federal income tax
rules, which allows the employee to purchase the benefit using pre-tax dollars.
Examples of benefits that are offered through cafeteria plans are: health insurance, supplemental voluntary
benefits, short-term and long-term disability insurance, 401(k) plan contributions for retirement, and
contributions to Health Savings Accounts (HSAs).
While there is no guarantee that the Internal Revenue Code will not be amended or changed in the future, it
is unlikely that the federal government will amend or repeal Section 125 of the Internal Revenue Code as
many types of employee benefits are offered through cafeteria style plans.