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Should Form 5500 be filed

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I prepare the annual Form 5500 for a Welfare Plan with some of their benefits under a Cafeteria Plan.

A Schedule A was provided from the insurance covering all the benefits that they provide (pre-tax and post tax, less than 100 participants and more than 100 participants).

Some of the benefits listed are post tax and some have more than 100 participants.

Some of the benefits are pre-taxed and covered under a Cafeteria Plan, but these particular benefits have less than 100 participants.

What do I report? Should I report only the pre-tax benefits under the cafeteria plan even though they only have 26 participants? Do I exclude reporting the post tax benefits even though they have more than 100 participants?

The remaining Schedule A from other insurance companies consist of pre-tax benefits under the cafeteria plan and all have more than 100 participants.

I appreciate any guidance in this matter.

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  • 1 month later...

125 plans are now exempt from having to file 5500 forms--UNLESS THERE IS AN FSA WITH MORE THAN 100 PARTICIPANTS. A medical FSA is a self insured health plan thus an ERISA plan.

You report all other ERISA plans with more than 100 participants on the first day of the plan year (Day Care Reimbursement, for example, is not an ERISA plan).

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