Cafeteria Plan Termination

[jala]

I have a cafeteria plan that is terminating.

The plan has been exempt from filing Form 5500 since it has less than 100 participants and does not maintain a Trust for the plan assets.

Since they have not had to file in several years, is a final Form 5500 required to be filed?

[QDROphile]

Cafeteria plans have not been subject to Form 5500 filings for many years. However, the ERISA plans that are funded through a cafeteria plan are subject to the reporting requirements. For example, a health care spending account is subject to the reporting requirements. A dependent care spending account is not.

[SLuskin]

Cafeteria plans have not been subject to Form 5500 filings for many years. However, the ERISA plans that are funded through a cafeteria plan are subject to the reporting requirements. For example, a health care spending account is subject to the reporting requirements. A dependent care spending account is not.

But if the medical FSA is a general assets of the employer account and not in a trust, no 5500 is required, and no final 5500 is required either.

[QDROphile]

Unfunded health FSAs that qualify for the small plan exemption (under 100) need not file Form 5500. The exemption is the small, unfunded plan exemption. Health FSAs have no special exemption, funded or not.