Form 5500

[Lori Foresz]

Hi,

I am trying to understand the Form 5500 filing requirements for medical and dependent care reimbursement plans. Is is correct that a Form 5500 would be required only if more than 100 participants actually participate in the medical or dependent care reimbursement program (i.e. have at leaast $1 withheld) for the plan year AND the plan is fully insured/general assets?

Also, if less than 100 participate, would the plan be required to file because assets are held in trust? It doesn't seem that flex plans would have trusts, but some TPAs say that sending them the pre-tax contributions is establishing a trust which is then subject to a Schedule I. I called the 125 TPA and they admitted they were unclear of the rules but couldn't offer much guidance. I'm concerned about missing a deadline.

Can anyone shed some light??

thanks

[papogi]

This might help:

http://www.ebia.com/static/weekly/question.../Caf030717.html