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Form 5500 filed for governmental 403(b) when not required


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Update - Please ignore or delete this topic. Now that they give more information, it turns out they are not a public school system, (but affiliated with one or subcontracted or something, as a 501© (3) organization) and they are in fact subject to ERISA. So now their forms being filed incorrectly is a separate issue, which can be dealt with.

Gosh, I've seen more oddball questions inthe last couple of months than in the last couple of years.

Let's say you have a public school system that mistakenly thought they were subject to Title I of ERISA, and filed 5500 forms. They did them "wrong" if they had actually had to file forms.

Are there any legal ramifications/penalties to filing an incorrect form when you weren't required to file anyway? (I don't see how there could be...) And how does one get the DOL/IRS to stop sending nasty letters for not filing forms when they stop? Is there a premptive communication to the DOL to head it off at the pass? Anyone ever had to deal with this? Anyone have a "contact?" I know they could call the DOL, but that's likely to be a difficult proposition for an unsophisticated benefits administrator at a local school. I suppose I can volunteer to help them out, but I don't want to get sucked into a black hole of red tape...

Muchas Gracias.

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