Read this if you are an employer with basic knowledge of benefit plans and want to learn more.
This article is the third in a series to help employee benefit plan fiduciaries better understand their responsibilities and manage the risks of non-compliance with Employee Retirement Income Security Act (ERISA) requirements. Our first article covers the background of ERISA, while our second article covers the definitions and rules of parties-in-interest and prohibited transactions.
Form 5500 is an informational return filed annually with the US Department of Labor (DOL). The purpose of Form 5500 is to report information concerning the operation, funding, assets, and investments of pension and other employee benefit plans to the Internal Revenue Service (IRS) and DOL. All pension benefit plans covered by the Employee Retirement Income Security Act (ERISA), and, generally, health and welfare plans covering 100 or more participants are subject to filing Form 5500. Any retirement plan covering less than 100 participants at the beginning of the plan year may be able to file Form 5500-SF, Short Form Annual Return/Report of Small Employee Benefit Plan. Read on for important filing requirements, as noncompliance can result in substantial penalties assessed by both the DOL and IRS.
Who has to file, and which Form 5500 is required?
Pension plans
The most common types of pension benefit plan filers include:
- Retirement plans qualified under Internal Revenue Code (IRC) § 401(a)
- Tax sheltered annuity plans under IRC § 403(b)(1) and 403(b)(7)
- SIMPLE 401(k) Plan under IRC § 401(k)(11)
- Direct Filing Entity (DFE)
Which Form 5500 you should file depends on the type of plan. Small plans covering less than 100 participants as of the beginning of the plan year will normally file a Form 5500-SF. Conversely, large plans, mainly those plans covering 100 or more participants as of the beginning of the plan year, will file Form 5500 as a general rule.
Participants include all current employees eligible for the plan, former employees still covered, and deceased employees who have one or more beneficiaries eligible for or receiving benefits under the plan.
Welfare plans
Generally, all welfare benefit plans covered by ERISA are required to file a Form 5500. Common types of welfare benefit plans include but are not limited to medical, dental, life insurance, severance pay, disability, and scholarship funds.
Similar to pension plans, the required Form 5500 to be filed typically depends on whether the plan is a small plan with less than 100 participants at the beginning of the year, or a large plan with 100 or more participants at the beginning of the plan year. However, certain welfare benefit plans are not required to file an annual Form 5500, including, but not limited to:
- Plans with fewer than 100 participants at the beginning of the plan year and that are unfunded, fully insured, or a combination of the two
- Governmental plans
- Employee benefit plans maintained only to comply with workers’ compensation, unemployment compensation, or disability insurance laws
Participants for welfare benefit plans include current employees covered by the plan, former employees still covered, and deceased employees who have one or more beneficiaries receiving or entitled to receive benefits under the plan (e.g., COBRA).
Required financial schedules for Form 5500
Small plans that do not file Form 5500-SF require the following schedules to be filed along with the Form 5500:
- Schedule A—Insurance information
- Schedule D—DFE/Participating plan information
- Schedule I—Financial information for a small plan
Large plans require the following schedules in addition to small plan schedules:
- Plan Audit (Accountant’s Opinion)
- Schedule C—Service provider information
- Schedule G—Financial transaction schedules
- Schedule H—Financial information (instead of Schedule I)
Welfare plans with 100 or more participants that are unfunded, fully insured or a combination of the two are not required to attach Schedule H or an Accountant’s Opinion. Also, pension plans will attach Schedule SB or MB reporting actuarial information, if required, along with Schedule R reporting retirement plan information.
When to File
Form 5500 must be filed electronically by the last day of the seventh calendar month after the end of the plan year. However, a two and one-half months’ extension of time to file can be requested. Penalties may be assessed by both the IRS and the DOL for failure to file an annual Form 5500-series return. For 2020, the IRS penalty for late filing is $250 per day, up to a maximum of $150,000 (applies only to retirement plans), and the DOL penalty can run up to $2,233 per day, with no maximum. Therefore, it is very important to track participant counts and ensure compliance with filing deadlines.
If you have questions about your specific situation, please contact our employee benefit consulting team. We’re here to help.