5500Nerd Posted June 12, 2020 Posted June 12, 2020 I have a client that is deemed a tribal government that runs a casino. Their benefits plan covers both governmental employees and those who work in the casino. With the casino attribute I assume they need to follow ERISA law. For the Form 5500, do I only count those in the casino or all of the employees? Many thanks for your help.
david rigby Posted June 12, 2020 Posted June 12, 2020 There are 2 or 3 prior discussion threads that might be relevant to you (or they might be out of date) in this forum. Try the Search box, making sure to click "Search in this forum". I suggest a search term of "tribal", or something similar. I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.
Matt P Posted June 12, 2020 Posted June 12, 2020 Just ONE commercial employee in a Tribal Plan makes it subject to ERISA. Therefore, since the entire plan is subject to ERISA, you would prepare Form 5500 considering all participants in the plan.
Peenionved Posted May 1 Posted May 1 On 6/12/2020 at 6:34 AM, 5500Nerd said: I have a client that is deemed a tribal government that runs a casino. Their benefits plan covers both governmental employees and those who work in the casino. With the casino attribute I assume they need to follow ERISA law. For the Form 5500, do I only count those in the casino or all of the employees? Many thanks for your help. On a related note, working with clients in the casino industry has given me insight into how diverse the gaming space can be — both offline and online. For example, platforms like Mostbet online offer a good perspective on how modern gaming operations are structured, including the balance between entertainment and regulatory compliance. This is a great question and a bit of a nuanced situation. Tribal governments generally aren’t subject to ERISA unless they choose to voluntarily comply, but when a tribal entity operates a commercial enterprise like a casino, things can get more complex. If the plan covers both governmental and commercial (casino) employees, you'll need to assess whether the plan is considered a "governmental plan" under ERISA. Governmental plans are exempt from ERISA, but if the plan is not clearly separated and includes private-sector employees (like those in the casino), it may lose that exemption. As for the Form 5500, if the plan is determined to be subject to ERISA, then you would typically include all covered employees in the participant count, not just those working in the casino. However, because tribal law and ERISA can intersect in complex ways, especially with hybrid employment groups, it’s a good idea to consult a benefits attorney who has experience with tribal governments to confirm the correct filing requirements. Hope that helps! Вы сказали:
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