Is a public university considered a governmental plan?

[Guest chrisketch]

Is a public university considered a governmental plan in regards to filing a 5500 report? Specifically, this is for a 125 Health Reimbursement plan. They have more than 100 participants, but do not hold their assets in a trust.

Would this university be exempt from filing a 5500 report?

Thank you.

[A Shot in the Dark]

Regardless of the entity, a 55500 is not required to be filed for the Section 125 Plan. However, a 5500 would be required to be filed for the underlying medical, dental, vision plans, if those plans have in excess of 100 Participants.

[Guest Ira Hayes]

It appears to be a healthcare flexible spending account which is clearly a group health plan per HIPAA. Nonetheless, assuming it is an instrumentality of a federal, state or local government, the answer is "YES."

[Kirk Maldonado]

Ira Hayes:

Why does HIPAA apply when determining Form 5500 obligations under ERISA or the IRC?

[Guest chrisketch]

If the university is considered a "governmental plan," then regardless of the underlying medical, dental, vision plans, or number of participants, would the university still be exempt from filing a 5500?

Thank you for your previous responses.

[Guest mjb]

Why dont you read the instructions for 5500 forms which is available at www.irs.gov -select the retirement plans icon, then select forms and publications and scroll down to 5500 form/instructions. Instructions define govt plans.

[Guest Ira Hayes]

Kirk, HIPAA clarified that healthcare FSA plans and their ilk HRAs are group health plans subject to ERISA versus fringe beneifts plans exempt from filing since 2002.

[Guest chrisketch]

Why dont you read the instructions for 5500 forms which is available at www.irs.gov -select the retirement plans icon, then select forms and publications and scroll down to 5500 form/instructions. Instructions define govt plans.

Thank you for your reply. I've been through the instructions at least 3 times, and I cannot find where it defines a governmental plan. On 2 separate occasions, it lists governmental plans as being exempt from filing a 5500, but as far as defining a governmental plan, I have found nothing. If you can cite a page number, or topic heading in the instructions, I will look again.

[Guest mjb]

Section 3(32) of ERISA defines a governmental plan to mean a plan established or maintained for its employees by the Government of the US, by the government of any state or political subdivision thereof, or by any agency or instrumentality of the any of the foregoing.

[Moe Howard]

The answer lies in the word "pubic" of public university.

Are the employees of the university "state employees" (ie: Are they allowed to participate in the state's retirement plan?) ...If yes, then the university is not subject to ERISA on any level because the university is a instrumentality of the state. Thus the university's employee benefits plans are all govermental plans.

A 5500 is mot required.

[Guest mjb]

Public employees can be employees of a 501©(3) organization which is an instrumentailty of a state or municipality (e.g., a public hospital or university) without being state employees. It is not necessary for them to be employees of the state as long as the employees work for an organization that is an instumentality of the state or local govt. They do not have to participate in the state retirement plan.