Form 5500 for cancer plan w/<100 & premium paid all by ee?

[Guest cstrong]

According to the DOL regulations Sec. 2520.104-20(b), the cancer plan doesn't appear to be excepted from the Form 5500 filing requirement, but I was under the impression that if a plan has less than 100 participants and is fully-insured, it didn't have to file a Form 5500. Am I missing something? Any thoughts would be greatly appreciated.

[Guest b2kates]

in general you are correct. But make certain it is not folded into a larger health plan that has more than 100 participants.

[Guest cstrong]

Thanks for the reply.

So the cancer plan is excepted from the Form 5500 filing requirements? How do I reconcile the fact that it doesn't meet the exception in the DOL regs?

[Guest 5500]

If your plan is fully insured and has less than 100 participants, what part of the reg. is concerning you?

[Guest cstrong]

2520.104-20(b)(2)(ii) - "...the premiums for which are paid directly by the employer or employee organization from its geneal assets or partly from its general assets and partly from contributiosn by its empolyees or members."

I interpret this mean that the premiums must be paid by:

(1) the employer/employee organization from its general assets, or

(2) partly from - (a) the employer/employee organization's general assets and (b) partly from contributions by its empolyees or members

In our situation, the employees pay the entire premium, and the employer doesn't pay any of the premium.