cpc0506 Posted March 20, 2010 Posted March 20, 2010 Please help. We are not in agreement in our office.... What 403b plans HAVE to file a Form 5500 for 2009 and beyond? All? Some? Only ERISA plans? Is there a comprehensive list of employers that must file the Form 5500? Thanks for any guidance you can provide.
J Simmons Posted March 20, 2010 Posted March 20, 2010 Please help. We are not in agreement in our office....What 403b plans HAVE to file a Form 5500 for 2009 and beyond? All? Some? Only ERISA plans? Is there a comprehensive list of employers that must file the Form 5500? Thanks for any guidance you can provide. Only 403b plans subject to ERISA Title I. In general, these would be 403b plans sponsored by 501©(3) orgs. At that, 403b plans funded solely through employee elective deferrals are not 'sponsored' or 'maintained' by the 501©(3) employer, and are therefore not subject to ERISA Title I. 29 CFR § 2510.3-2(f) If you have a 403 plan sponsored by a 501©(3) org that makes any contributions to the 403b plan, then it is subject to ERISA Title I and the f5500 requirement. John Simmons johnsimmonslaw@gmail.com Note to Readers: For you, I'm a stranger posting on a bulletin board. Posts here should not be given the same weight as personalized advice from a professional who knows or can learn all the facts of your situation.
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now