A&H Policy ProvisionsQuestion 296 of 716

Which statement BEST describes a 'Section 125 cafeteria plan'?

a.It is a written plan under IRC §125 that allows employees to choose between cash compensation and qualified non-taxable benefits (such as group health premiums, HSA contributions, FSA contributions, dependent-care FSA, and group term life up to $50,000); employee contributions are made pre-tax, reducing federal income, Social Security, and Medicare wages
b.It is a federally subsidized meal-benefits program for low-income workers administered by the Department of Labor, under which an employer that runs an on-site cafeteria may deduct the cost of the subsidized meals and exclude their value from the workers' reported wages for both income and payroll tax purposes, provided the same subsidized meal is offered to every hourly employee at the site
c.It is a defined-contribution retirement plan that lets each employee pick from a 'menu' of mutual funds selected by the employer, with salary deferrals growing tax-deferred until the participant separates from service or reaches the plan's normal retirement age and begins taking distributions from the account balance
d.It is a non-qualified plan under which the employer's contributions toward group health premiums are added to the employee's taxable wages, with the employee claiming an offsetting deduction on the individual return; being non-qualified, it escapes nondiscrimination testing, may be offered to executives alone, and lets the employer deduct the contribution in the year the employee reports it

Explanation

A 'cafeteria' or Section 125 plan under IRC §125 is a written employer plan that gives each employee the choice between cash (taxable wages) and one or more qualified non-taxable benefits, including employer-sponsored health insurance, health FSAs, dependent-care FSAs, HSA contributions, group term life insurance up to $50,000, and adoption assistance — exactly what the response describing a written §125 plan funded by pre-tax salary reduction states. Employee elections to receive the benefit instead of cash are funded with PRE-TAX salary reduction, reducing federal income tax, Social Security, and Medicare wages (a major efficiency for both employer and employee). Strict nondiscrimination rules under §125(b) prevent the plan from favoring highly compensated employees. The response describing a defined-contribution plan with a menu of employer-selected mutual funds confuses §125 with a §401(k). The subsidized on-site meal program administered by the Department of Labor is fabricated. The response that adds the employer's health contributions to taxable wages with an offsetting deduction is the opposite of how §125 works (pre-tax, not taxable).

Law Reference: IRC §125 (cafeteria plans / Section 125 plans)

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