5500 requirements

[dmb]

I have a client with a 403(B) plan. I really don't know much about 403(B) plans. The client has less than 100 employees. I was told that a Form 5500 was not required to be filed. While i don't know much, i see from other threads that Form 5500s are filed for these plans. Are there any circumstances where a Form 5500 would not be required for an active 403(B) plan?? Thanks.

[E as in ERISA]

It depends on whether the 403(B) arrangement is an employer plan for ERISA purposes. Is there a plan document? Does the employer limit the investment options? Does the employer make contributions? See Labor Regulations Section 2510.3-2(f).

[Ellie Lowder]

It also depends on the type of employer sponsoring the 403(B) plan - if a gov't employer, no Title I, ERISA coverage applies - if a church or qualified church controlled organization, no ERISA coverage UNLESS an affirmative election is made to be covered under ERISA. In the case of a gov't employer or church/QCCO, therefore, no 5500s are required regardless of whether non-salary reduction contributions are being made.