WAC 415-108-455
Cafeteria plans. Compensation received in
any form under the provisions of a "cafeteria plan," "flexible
benefits plan," or similar arrangement pursuant to section 125 of
the United States Internal Revenue Code is reportable
compensation if the employee has an absolute right to receive
cash or deferred cash payments in lieu of the fringe benefits
offered. In such an instance, the fringe benefits are being
provided in lieu of cash and are considered reportable
compensation, just as the cash would be. If there is no cash
option, the value of the fringe benefit is not a salary or wage
and is not reportable compensation, see WAC 415-108-475.
[Statutory Authority: RCW 41.50.050. 98-09-059, § 415-108-455,
filed 4/17/98, effective 5/18/98.]