5500Nerd Posted April 12, 2023 Share Posted April 12, 2023 Hello, I have a few clients who are participating employers of H&W MEWAs. The MEWAs hold trusts but for reasons unknown, they are not filing Form 5500s. Do the participating employers file 5500s for themselves, and if yes, do they file as a trust even though they are not the Plan Administrator of a trust but sent funds to a trust? Link to comment Share on other sites More sharing options...
Juan Kelly Posted April 14, 2023 Share Posted April 14, 2023 Have the MEWAs filed M-!s????????? Link to comment Share on other sites More sharing options...
5500Nerd Posted April 17, 2023 Author Share Posted April 17, 2023 We have been told yes but when I looked, I could not find any details on the DOL Form M1 look up. Seems that the MEWA are considering themselves as Non-ERISA Plans. I cannot say for certain, but my guess is that they are considering themselves as funding mechanisms and not employers. I instructed the groups to seek the advice of an ERISA attorney. Conservatively I think that they need to file as single employers. I still question though since funds were sent, and the clients don't administer the plan. Link to comment Share on other sites More sharing options...
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