ERISA also does not cover plans maintained outside the United States primarily for the benefit of nonresident aliens or unfunded excess benefit plans. File your Form 5500 series with ease.Access resources and official guidance for plan reporting and compliance. File Form 5500 to report information on the qualification of the plan, its financial condition, investments and the operations of the plan. Complete Part 11 and part 111 of the 3520 the best you can with what information you have. The annual report of employee welfare and pension plans may be filed with the Department of Labor (DOL) in compliance with Section 103 of ERISA. It seems probable that a "foreign government" can sponsor a plan where the sponsoring entity is an organization operating as part of the foreign government. Retirement Plan Forfeitures: A New Wave of Class Action ERISA Litigation. By the same token, nonAmerican employees of a foreign subsidiary may be on extended assignment in the U.S., working on a residentalien visa. Further, U.S. individuals in foreign retirement plans also face problems transferring retirement savings when they switch jobs.