2011 form 5500 - why the delay..maybe because

[Tom Poje]

I think it has something to do with cats - or at least MEWAs (Multiple Employer Welfare Arrangements)

a few snippets of info from:

http://www.gpo.gov/fdsys/pkg/FR-2011-12-06.../2011-30919.htm

Section 2520.104-20 and the instructions for the Form 5500 and Form

5500-SF provide for exemption from certain reporting and disclosure

requirements under Title I of ERISA, including the requirement to file

Form 5500 Annual Return/Report, for unfunded, fully insured, or

combination unfunded/fully insured welfare plans that cover fewer than

100 participants. Under the proposed amendments to Sec. 2520.103-

1©(2) and Sec. 2520.104-20, and revisions to the instructions for

Form 5500 and Form 5500-SF, all plan MEWAs subject to the Form M-1

requirements would be required to file Form 5500 Annual Return/Report,

regardless of the plan size. The limited exemption under Sec.

2520.104-20 would be removed for plan MEWAs subject to the Form M-1

requirements. In addition, such plan MEWAs would not be eligible to

file the Form 5500-SF.

The Form 5500-SF does not include specific Schedule A

insurance information, and the Department believes that plan MEWAs

subject to this proposal that claim to provide insured benefits

should be required to complete the Schedule A so that enforcement

officials and the public have information about the insurance policy

and insurance company through which the MEWA is providing insurance

coverage.

Under the Notice of Proposed Rulemaking, content of the annual

report under Sec. 2520.103-1 would be amended to require a plan MEWA

subject to the Form M-1 requirements to include a proof of compliance

with Sec. 2520.101-2 (filing the Form M-1) as part of the Form 5500

Annual Return/Report. Accordingly, the Department is proposing to add a

new Part III to the Form 5500, which would ask for information

regarding whether an employee welfare benefit plan is a MEWA subject to

the Form M-1 requirements, and if so, whether the plan is currently in

compliance with the Form M-1 requirements under Sec. 2520.101-2. Plan

administrators that indicate the plan is a MEWA subject to the Form M-1

requirements will also be required to enter a Receipt Confirmation Code

for the most recent Form M-1 filed with the Department. Failure to

answer the Form M-1 compliance questions will result in rejection of

the Form 5500 Annual Return/Report as incomplete and civil penalties

may be assessed pursuant to ERISA section 502©(2).