5500 for fewer than 100 participants

[bcspace]

Can someone expound a bit on what, if anything, makes it necessary to file a 5500 for a welfare benefit plan for a company with less than 100 participants? Specifically regarding the instructions on page four of the 5500 Instructions under the heading "Do Not File A Form 5500 For A Welfare Benefit Plan That Is Any of the Following:"

Is it really just as simple as there is a Cafeteria Plan, there are fewer than 100 participants, therefore we don't need to file a 5500? I see some pitfalls in the instructions regarding the regulations, code, and a technical release that I don't fully understand.

Thanks

[Jim Chad]

I think it is that simple. Cafeteria Plans with 100 or more Participants have to file a 5500. If less than 100 participants, cafeteria plans don't have to file.

I take that back, it may not be that simple. If there is a 401(k) Plan in the cafeteria plan, the 401(k) Plan would have to file a 5500. I have never worked on one of these. Does anyone know if the inclusion of a 401(k) plan would make the cafeteria plan have to file too?

[bcspace]

Thanks for your input. I would've thought a 401k would have to be part of a pension plan. Can it be part of a welfare plan? And of course any other caveats for this situation are still welcome.