Is Adoption Assistance Program an ERISA Welfare Plan?

[Guest T Hoffman]

Is our adoption assistance program an ERISA welfare plan? I have not been able to find any DOL advisory opinions on this topic.

[Joe Priselac]

Adoption Assistance is not an ERISA plan and therefore not subject to DOL regulations. For example there is no requirement to file a 5500 tax form.

[Guest victoria davis]

Adoption assistance plans are subject to a Form 5500 filing beginning with the 1998 plan year under a new law change to the Code. It is a short filing using a Schedule F, but it must be done or IRS penalties may apply. Refer to the instructions to the 1998 Form 5500.

[Joe Priselac]

Victoria,

Are you assuming that the adoption assistance plan is within the context of a Section 125 plan? Since it is not a Specified Fringe Benefit Plan or Welfare Benefit Plan on what basis would 5500 filings be required?