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Posted

In preparing a health and welfare Form 5500, I only include a Stop Loss Schedule A if the plan is under a trust since the stop loss benefit supports the Plan. For a Plan not under a trust I do not include a Schedule A since Stop loss is an employer benefit, not an employee benefit.

However, would a Stop Loss Schedule A be included in a 5500 that is not under a Trust, with the funding from employee contributions.  The Stop loss benefit is included in the Plan Sponsor's Wrap Plan Document and SPD. I have never heard of this scenario in the past. I am inclined to include in the Form 5500; however I am not confident.

Thank you for your help!

Posted

I am not trying to answer your question, but something tells me that using the employee contributions to pay premiums on a policy that benefits the employer could be a pt.     

Posted

How is the insured identified in the policy?

Luke Bailey

Senior Counsel

Clark Hill PLC

214-651-4572 (O) | LBailey@clarkhill.com

2600 Dallas Parkway Suite 600

Frisco, TX 75034

Posted

This information has not been relayed to me. It is not under a trust, however, could a SL still have the Plan participants as the insured instead of the Employer?

Posted

Good question. ERISA says that the plan itself is a person, whether it has an associated federal income tax person, such as a trust. So I doubt this is the case, but the SL could  name the plan as insured, and then it would be a plan asset, at least arguably, even without a trust.

Luke Bailey

Senior Counsel

Clark Hill PLC

214-651-4572 (O) | LBailey@clarkhill.com

2600 Dallas Parkway Suite 600

Frisco, TX 75034

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