You own the HSA. The money is yours to keep. If you retire, are insured by Medicare, on COBRA, change to a non HSA-qualified plan or go to another employer that does not offer a qualified plan, you can still use the money in your HSA to pay for out-of-pocket qualified medical expenses. However, you will not be able to continue to add money to your HSA. Also, PayFlex will start deducting the account fees that the state was paying, from the account.