Indian Nation

[Guest ehs]

Does an Indian Nation have any kind of Form 5500 filing exemption for a welfare benefit plan? Group has over 100 insured in medical, dental and group term life insurance as of the beginning of the plan year, and has for many years. They file for a 401(k) plan, but have never filed for their welfare benefits. I can't see any exemptions, only for governmental and church plans (and plans covering less than 100 participants). Help?!

[Kirk Maldonado]

Unfortunately, this is an area that I've spent a lot of time researching.

You have Form 5500 filing obligations both under ERISA and the IRC.

With respect to ERISA, the question is whether the tribal organization is a governmental entity (and therefore exempt from ERISA). That boils down to whether the tribal entity is performing a governmental function. Clearly, operating a gambling casino is not a governmental function. On the other hand, maintaining a police force is a governmental function.

With respect to the IRC, Rev. Proc. 2002-64, 2002-2 CB 717, lists the Indian tribal governments that are treated as states for purposes of certain provisions in the IRC. If the entity you are working with is on that list, then you’re probably OK.

[Guest ehs]

So our nation is on the "list" you refer to in your March 10 post. It appears that the revenue procedure has to do with tax exempt status. What does that mean for Form 5550 reporting purposes?