Health Savings Trust Account: Do Not File (Under Section 223 (A) of The Internal Revenue Code)
Health Savings Trust Account: Do Not File (Under Section 223 (A) of The Internal Revenue Code)
The account owner named above is establishing this health savings account (HSA) exclusively for the purpose of paying or reimbursing qualified
medical expenses of the account owner, his or her spouse, and dependents. The account owner represents that, unless this account is used
solely to make rollover contributions, he or she is eligible to contribute to this HSA; specifically, that he or she: (1) is covered under a high
deductible health plan (HDHP); (2) is not also covered by any other health plan that is not an HDHP (with certain exceptions for plans providing
preventive care and limited types of permitted insurance and permitted coverage); (3) is not enrolled in Medicare; and (4) cannot be claimed as a
dependent on another person’s tax return.
The account owner and the trustee make the following agreement:
Article I
1. The trustee will accept additional cash contributions for the tax year made by the account owner or on behalf of the account owner (by an
employer, family member or any other person). No contributions will be accepted by the trustee for any account owner that exceeds the
maximum amount for family coverage plus the catch-up contribution.
2. Contributions for any tax year may be made at any time before the deadline for filing the account owner’s federal income tax return for that
year (without extensions).
3. Rollover contributions from an HSA or an Archer Medical Savings Account (Archer MSA) (unless prohibited under this agreement) need not be
in cash and are not subject to the maximum annual contribution limit set forth in Article II.
Article II
1. For calendar year 2004, the maximum annual contribution limit for an account owner with single coverage is the lesser of the amount of the
deductible under the HDHP but not more than $2,600. For calendar year 2004, the maximum annual contribution limit for an account owner
with family coverage is the lesser of the amount of the deductible under the HDHP but not more than $5,150. These limits are subject to
cost-of-living adjustments after 2004. Eligibility and contribution limits are determined on a month-to-month basis.
2. Contributions to Archer MSAs or other HSAs count toward the maximum annual contribution limit to this HSA.
3. For calendar year 2004, an additional $500 catch-up contribution may be made for an account owner who is at least age 55 or older and not
enrolled in Medicare. The catch-up contribution increases to $600 in 2005, $700 in 2006, $800 in 2007, $900 in 2008, and $1,000 in 2009
and later years.
4. Contributions in excess of the maximum annual contribution limit are subject to an excise tax. However, the catch-up contributions are not
subject to an excise tax.
Article III
It is the responsibility of the account owner to determine whether contributions to this HSA have exceeded the maximum annual contribution
limit described in Article II. If contributions to this HSA exceed the maximum annual contribution limit, the account owner shall notify the trustee
that there exist excess contributions to the HSA. It is the responsibility of the account owner to request the withdrawal of the excess contribution
and any net income attributable to such excess contribution.
Article IV
The account owner’s interest in the balance in this trust account is nonforfeitable.
Article V
1. No part of the trust funds in this account may be invested in life insurance contracts or in collectibles as defined in section 408(m).
2. The assets of this account may not be commingled with other property except in a common trust fund or common investment fund.
3. Neither the account owner nor the trustee will engage in any prohibited transaction with respect to this account (such as borrowing or
pledging the account or engaging in any other prohibited transaction as defined in section 4975).
Article VI
1. Distributions of funds from this HSA may be made upon the direction of the account owner.
2. Distributions from this HSA that are used exclusively to pay or reimburse qualified medical expenses of the account owner, his or her spouse,
or dependents are tax-free. However, distributions that are not used for qualified medical expenses are included in the account owner’s gross
income and are subject to an additional 10 percent tax on that amount. The additional 10 percent tax does not apply if the distribution is
made after the account owner’s death, disability, or reaching age 65.
3. The trustee is not required to determine whether the distribution is for the payment or reimbursement of qualified medical expenses. Only the
account owner is responsible for substantiating that the distribution is for qualified medical expenses and must maintain records sufficient to
show, if required, that the distribution is tax-free.
Article VIII
1. The account owner agrees to provide the trustee with information necessary for the trustee to prepare any report or return required by the
IRS.
2. The trustee agrees to prepare and submit any report or return as prescribed by the IRS.
Article IX
Notwithstanding any other article that may be added or incorporated in this agreement, the provisions of Articles I through VIII and this sentence
are controlling. Any additional article in this agreement that is inconsistent with section 223 or IRS published guidance will be void.
Article X
This agreement will be amended from time to time to comply with the provisions of the Code or IRS published guidance. Other amendments
may be made with the consent of the persons whose signatures appear below.
Article XI
Article XI may be used for any additional provisions. If no other provisions will be added, draw a line through this space. If provisions are added,
they must comply with the requirements of Article IX.
Witness’ signature
(Use only if signature of account owner or trustee is required to be witnessed.)