Is a 5500 required? Self-funded, but less than 100 employees

[Guest jessica_ward@wellsfargois.com]

I have an client who has:

1. A self-funded dental plan

2. Claims paid out of general assets

3. Employees pay pre-tax payroll contributions to participate in plan

4. There are only 38 plan participants

Does a 5500 need to be filed?

Thanks for your help!

[BeckyMiller]

Look at ERISA reg. 2520.104-20. Since you note that the employee contributions are pre-tax, I have assumed that they are under a cafeteria plan so the general non-enforcement position for cafeteria plans would apply. See PWBA Notice, August 27, 1993, modifying ERISA Technical Release 92-01, 6-2-92, superseding Technical Release 88-1, 8-12-88.

So, if you meet all of those, your client would not have to file Form 5500 until their participant count hit 100.

[Guest jessica_ward@wellsfargois.com]

Thanks so much for your response, Becky. I will review that specific regulation and further discuss with the TPA.