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Welfare Benefit Plan-Is Form 5500 required to be filed

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Company has a cafeteria plan. The health plan is a benefit under the cafeteria plan and has less than 100 participants.

The company offers supplemental insurance. Some of the supplemental insurance plans have over 100 participants and the employee pays the entire amount on a pre-tax basis.

My thought is they should file Form 5500 to report the supplemental insurance policies that have over 100 participants. Their TPA feels that a filing is not required. Their argument is that this is a Premium Only Plan for which the employee pays the entire premium.

Can someone please help clear up our confusion on whether Form 5500 should be filed in this case?

Thank You.

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Although the premium payment arrangement iself is not an ERISA plan that would trigger filing, the inclusion of the supplmental policies demonstrates a level of employment involvement that would cause the plans to be employer plans as opposed to mere employer facilitation of payment. Or at least that would be the result before the Department of Labor started lying about the standard after the 403(b) regluations came out.

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