Is it necessary to file Form 5500 for medical plans that are fully ins

[Guest LFrankel]

Is it necessary to file Form 5500 for medical plans that are fully insured (and therefore regulated by the state)?

I was once informed that if plans were subject to state regulations, that would supercede ERISA.

All plans have over 100 participants each but no filings were ever done. When I inquired about it to our broker two years ago, I was told "no" to filing. Now our broker is telling us otherwise, based on what other clients are doing.

Can someone help set the record straight, and, if possible, point out the legal info on this?

Thanks a lot.

[KJohnson]

Generally you would have a 5500 requirement look at Labor Reg. 2520.104-44. Specifically look at the example in (e) of this reg.

[Guest Emiliano]

According the the US Constituion, federal law preempts state laws.