Attention Employers: See the latest COVID relief, including COBRA subsidy and DCFSA changes here →
  • LinkedIn
  • Twitter
  • Facebook


Employer-Sponsored Program (ESP) Services

  1. Client's Responsibilities
    You are the benefits program sponsor and administrator. As such, only you have the power to waive, alter, breach or modify any of the terms and conditions of the program ("Program"), and you exercise all discretion, control or authority with respect to the disposition of the available benefits. As such, you shall:
    1. Ensure that the summary Program descriptions, Program documents and any other documentation relating to the Program are appropriately completed, are in compliance with all applicable laws, and are appropriately and timely adopted.
    2. Provide us with a complete copy of all summary Program descriptions and Program documents for our reference in connection with the provision of Services, which shall, among other things:
      • Designate what expenses are eligible for reimbursement under the Program.
      • Specify what information must be included on a receipt and/or claim form submitted by a participant to verify whether an expense is eligible under the Program.
      • Designate the frequency of reimbursements made to participants under the Program (e.g., monthly, quarterly, annually).
    3. Distribute summary Program descriptions, summaries of material modifications and any other Program documentation to participants on a timely basis.
    4. Determine which individuals are eligible to participate in your Program and provide us with accurate eligibility data in the prescribed electronic data file format.
    5. Provide accurate and timely changes to participant eligibility data, including, but not limited to, information that modifies a participant's eligibility or status (e.g., leaves of absence, termination), in the prescribed electronic data file format.
    6. Confirm the initial payroll claim reimbursement test file provided by WageWorks in a mutually agreed upon file format is compatible with your designated payroll system. If multiple payroll claim reimbursement files are required (e.g., one file per Program if you have multiple Programs), additional fees may apply.
    7. Timely retrieve and process the data files made available by WageWorks from either the WageWorks website or a designated FTP site.
    8. Correct all errors in any data, files or other materials provided to us by you or on your behalf by your third party service providers. We do not audit data, files or other information provided by you or your third-party service providers.
    9. Report any reimbursements made under the Program as taxable income for each participant.
    10. Timely pay all service fees.
    11. Provide participants with any required information if you elect to offer Run-Out under your Program. "Run-Out" is the period after the close of the Program period during which a participant may submit claims for eligible expenses incurred during the immediately preceding Program period.
    12. Manage access to the employer portal of our website by your personnel based upon your internal confidentiality and HIPAA privacy policies and procedures.
    13. Comply with all applicable laws with respect to your Program and make any required filings with the appropriate governmental agencies, including the IRS.
WageWorks' Responsibilities
    We have been engaged by you to provide certain administration services in connection with your Program(s). Accordingly, you have authorized us to use our standard procedures for the provision of Services. We shall provide our Services in accordance with the framework of policies, interpretations, rules, practices and procedures as set forth in the Program documents, and as otherwise mutually agreed upon or as directed by you. We shall:
    1. Provide you with a set of electronic file specifications for the delivery of data to us.
    2. Process initial and ongoing eligibility data files submitted by you or on your behalf by a third party service provider (e.g., payroll provider) in the prescribed electronic data file format.
    3. Make a payroll claims reimbursement file available to you for download from our website or, if applicable, via a designated FTP site, in a mutually agreed upon electronic data file format on the frequency (e.g., weekly, bi-weekly, monthly) determined by you.
    4. Process claims received from participants.
    5. Administer Run-Out, if applicable, subject to ongoing payment of service fees.
    6. Provide you with access to our website where you may:
      • View, access and download standard reports (e.g., eligibility reports, claims activity reports and payroll claims reimbursement reports).
      • View individual participant transactions.
      • Access to our online communications gateway and download standard electronic communication material at no additional charge. Customized items may be provided for an additional fee, plus charges for applicable bulk sales, taxes, shipping and handling.
    7. Provide you with a client services representative to answer phone or email inquiries by your staff regarding any service matters during the period of 8:00 a.m. (ET) to 8:00 p.m. (ET), Monday through Friday, excluding holidays and other non-business days.
    8. Provide customer service representatives who are available to answer participant phone calls during WageWorks' customer service hours.
    9. Provide participants with 24/7 access (excluding scheduled maintenance) to our website and our interactive voice response phone system, where participants can access information regarding their account.
    10. Participate in employee education meetings and benefits fairs for an additional charge.
    11. Add your logo and/or name on the participant website upon request.


(ESP Services - v. 5.1.2019)