PFML Reported in Form 5500

[5500Nerd]

We have more and more clients from NY and MA for instance who want PFML reported in the Form 5500 for health and welfare. It is deemed as self-insured. We need to list the benefit code on page two. Would you suggest using 4Q and note list PFML? We assume to list PFML in the SAR as well. Any thoughts/feedback? 

[Jaeded]

That's interesting to me as Oregon is just now rolling out PFML this year. I've wondered whether the insurers who have jumped into the market to provide to coverage were going to give us Schedules A for the coverage and whether it does, in fact, qualify as an ERISA plan. On the one hand, PFML covers absences due to your own personal disability, so like traditional STD/LTD coverages, it would be a health plan. On the other hand, it covers absences for all sorts of non-ERISA reasons. Family leave isn't a funded vacation benefit. It's not payment for health care purpose. Is it covered by ERISA at all (meaning it doesn't have to be reported on a 5500)?

Federally, I do not think the IRS or DOL has weighed in and we would have to rely on PLRs - if there are any. Sorry, not helpful at all, just agreeing that it's a very interesting question of law.

 

[5500Nerd]

Many, many thanks. I greatly appreciate hearing your thoughts on this.