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Posted

First, let me predicate my question with this...

My experience is with retirement plans, so this Health, Welfare, and Fringe benefit stuff is extremely irritating with it's "do this, unless this or this occurs. If that is the case then stand on one leg, rub your tummy and your head in opposite directions" approach.

That being said...My client terminated a Life Insurance plan, employer paid premiums-fully insured, back in May of 2000. Unfortunately, my predecessor failed to file a final 5500 for the plan with no notes or paperwork on why it was not filed. Obviously I can't use late software excuse or really any other valid reason for late filing. However, it was a small plan (fewer than 100 participants) so will I have any leniency from IRS/DOL in this regard? At it's heighth the premiums paid (non-experienced rated contract- whatever that is!) were only $5,000 so DFVC would be bitter pill to swallow.

What options do I have here?

Better yet, do I have to file the termination filing at all? Was my predecessor correct to begin with?

Posted

Shouldn't be any filing if less than 100 participants at the beginning of the plan year.

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