Government Plans: Plans established or maintained by federal, state, or local governments for their employees are generally exempt from ERISA. This includes plans for public school employees, state university staff, and municipal workers.
Welfare plans with fewer than 100 participants that are unfunded or insured (do not hold assets in trust) are generally exempt from filing a Form 5500.
IRS Form 5500 applies to most public and private sector businesses providing plans to 100 or more participants. It must be filed electronically using the DOL ERISA Filing Acceptance System (EFAST2).
At the time of this update, applicable regulations permit the DOL to assess a penalty of up to $2,670 per day. See Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2024, 89 Fed. Reg. 1810 (January 15, 2024).
About the Form 5500 Any administrator or sponsor of an employee benefit plan subject to ERISA must file information about each benefit plan every year (pursuant to Code section 6058 and ERISA sections 104 and 4065).
Which business types are exempt from Form 5500 filing? Plans that are established or maintained by government entities or churches. Plans that are maintained for the primary purpose of compliance with applicable unemployment, workers' compensation or disability laws.
The employer maintaining the plan or the plan administrator of a Pension or Welfare benefit plan covered by ERISA. File Form 5500 to report information on the qualification of the plan, its financial condition, investments and the operations of the plan.
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for individuals in these plans.
ERISA stands for Employee Retirement Income Security Act, which is a federal law that sets minimum standards for retirement plans in the private sector. Non-ERISA plans, on the other hand, are not governed by ERISA and are not subject to its regulations.
The Form 5500 Series is part of ERISA's overall reporting and disclosure framework, which is intended to assure that employee benefit plans are operated and managed in ance with certain prescribed standards and that participants and beneficiaries, as well as regulators, are provided or have access to sufficient ...