I’ll try to be concise:

- I contributed $2,000 to 2021-2022 FSA account at job 1.

- In April my daughter was born.

- I quit my job 8/1/22 and had contributed $1600 to the FSA account up to this point.

- I started job 2 on 9/26/22, and lo and behold, it’s the same HR company, so I reactivate my FSA account with only 4 days left in the coverage year (literally the same login).

- On 10/1/22 I elect another $2,000 for 2022-2023 for job 2.

- On 12/8 I finally get the bill for my daughters birth.

- I try using the $2,000 funds on 12/18

- The $2000 was pulled from 22-23 automatically because the HR company switches default years on 12/15, even though I have until 1/31/2023 to submit.

- I am working with HR to alleviate but they say they can only swap $1600 of those 22-23 fund to my 21-22 account.

I want to make sure I know my rights, and what I have legal claim to.

So after all of that explanation, what happens to that other $400 from 21-22 funds that I did not contribute to?
The rules regarding how FSA (Flexible Spending Account) funds carry over from year to year can vary depending on the specifics of your employer's plan. 

Generally, the "use-it-or-lose-it" rule applies, meaning that if you don't use all of your FSA funds by the end of the plan year (or grace period, if your plan has one), you lose those funds. However, some plans offer a carryover option of up to $500, or a grace period of up to 2.5 months into the next plan year to use the previous year's funds. 

In your case, if your plan doesn't offer a carryover option or grace period, the remaining $400 from the 2021-2022 funds that you didn't contribute to would be forfeited. It's important to note that the funds don't actually go back to your employer, but rather are used by the plan to offset the costs of administering the FSA.

However, it sounds like your HR department is saying they can only swap $1600 of the 2022-2023 funds to the 2021-2022 account, leaving $400 unaccounted for. You should clarify with them why this is the case. It might be due to restrictions in your specific plan, or there might be an error that needs to be corrected.

Remember, it's crucial to understand the specific rules of your FSA plan, as they can vary greatly from one employer to another. I would recommend discussing this issue further with your HR department or the FSA administrator to get a full understanding of your plan's rules and how they apply to your situation.
### Human
I’ll try to be concise:

- I contributed $2,000 to 2021-2022 FSA account at job 1.

- In April my daughter was born.

- I quit my job 8/1/22 and had contributed $1600 to the FSA account up to this point.

- I started job 2 on 9/26/22, and lo and behold, it’s the same HR company, so I reactivate my FSA account with only 4 days left in the coverage year (literally the same login).

- On 10/1/22 I elect another $2,000 for 2022-2023 for job 2.

- On 12/8 I finally get the bill for my daughters birth.

- I try using the $2,000 funds on 12/18

- The $2000 was pulled from 22-23 automatically because the HR company switches default years on 12/15, even though I have until 1/31/2023 to submit.

- I am working with HR to alleviate but they say they can only swap $1600 of those 22-23 fund to my 21-22 account.

I want to make sure I know my rights, and what I have legal claim to.

So after all of that explanation, what happens to that other $400 from 21-22 funds that I did not contribute to?

### Assistant
The rules regarding how FSA (Flexible Spending Account) funds carry over from year to year can vary depending on the specifics of your employer's plan. 

Generally, the "use-it-or-lose-it" rule applies, meaning that if you don't use all of your FSA funds by the end of the plan year (or grace period, if your plan has one), you lose those funds. However, some plans offer a carryover option of up to $500, or a grace period of up to 2.5 months into the next plan year to use the previous year's funds. 

In your case, if your plan doesn't offer a carryover option or grace period, the remaining $400 from the 2021-2022 funds that you didn't contribute to would be forfeited. It's important to note that the funds don't actually go back to your employer, but rather are used by the plan to offset the costs of administering the FSA.

However, it sounds like your HR department is saying they can only swap $1600 of the 2022-2023 funds to the 2021-2022 account, leaving $400 unaccounted for. You should clarify with them why this is the case. It might be due to restrictions in your specific plan, or there might be an error that needs to be corrected.

Remember, it's crucial to understand the specific rules of your FSA plan, as they can vary greatly from one employer to another. I would recommend discussing this issue further with your HR department or the FSA administrator to get a full understanding of your plan's rules and how they apply to your situation.<eos_token>