5500Nerd Posted May 24, 2018 Posted May 24, 2018 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!
jpod Posted May 24, 2018 Posted May 24, 2018 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.
5500Nerd Posted May 24, 2018 Author Posted May 24, 2018 I fully agree this does not sound right. I only prepare the 5500s though; the client's actions are beyond my control.
Luke Bailey Posted May 24, 2018 Posted May 24, 2018 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
5500Nerd Posted May 25, 2018 Author Posted May 25, 2018 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?
Luke Bailey Posted May 25, 2018 Posted May 25, 2018 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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