The Welfare Plan Form 5500 is a compliance and disclosure
document that employers must file with the Department of Labor (DOL) and the
Internal Revenue Service (IRS) for pension or welfare benefit plans covered by
the Employee Retirement Income Security Act.
The purpose of Form 5500 is to provide the IRS and DOL with
information about the plan's operation and compliance with government
regulations.
It is important for you to understand what Welfare Plan Form
5500 Compliance all is about.
We spoke with Ann Myers (partner) and Alan Perka (Sr.
Manager) from the 5500 Tax Group to help better understand what the document is
for and how to help businesses better understand it and how and when to file
it.
An
Overview of Form 5500
Ann, would you give us an
overview of what Form 5500 is about.
“The Department of Labor, the Internal Revenue Service, and
the Pension Benefit Guarantee Corporation jointly developed the Form 5,500
series so employee benefit plans could utilize the Form 5,500 to satisfy annual
reporting requirements under Title I and Title 4 of ERISA and under the
Internal Revenue Code.
The Form 5,500 series is an important compliance, research,
and disclosure tool for the Department of Labor, a disclosure document for
planned participants and beneficiaries, and a source of information and data for
use by other federal agencies, Congress and the private sector, and assessing
employee benefit, tax, and economic trends and policies.
The Form 5,500 is part of ERISA's overall reporting and
disclosure framework, which is intended to assure that employee benefit plans
are operated and managed in accordance with the certain prescribed standards,
and that participants and beneficiaries, as well as the regulators, are
provided or have access to sufficient information to protect the rights and
benefits of participants and beneficiaries under employee benefit plans.
When is
Form 5500 required for welfare plans?
Well, for welfare plans, there are two classifications there
are funded and unfunded. Funded meaning that it's run through a trust. The
majority of them are unfunded. In fact, all of the clients that I manage have
unfunded plans and the threshold for filing for an unfunded plan is if there
are 100 or more employee participants on the first day of the plan year. And
so, you're looking at active employee participants and any employee cobras that
might be on the plan, but we're not looking at dependents at all and so that's
the threshold that we're looking for an unfunded plan.
When are
Forms 5500 due?
The 5,500 is due on the last day of the seventh month
following the end of the plan year.
So, for a calendar year plan, December 31st plan year-end,
the due date would be July 31st.
You can file an extension that gives you an additional two
and a half months, but that extension needs to be filed before the original due
date. So for a calendar year plan, July 31st,can extend it out to October 15th.
Are there
penalties for not filing a Form 5500?
Yes, there are. What are classified as late filers and
non-filers. For a late filer, the penalty can be $50 a day with no limit from
the original due date. And a non-filer, which is, I guess, someone who actually
would be found to have not filed at all that needed to, that can be up to $300
a day, up to $30,000 per year. But the DOL has come up with a program that’s
called the Delinquent Filer Voluntary Compliance program. We call it DFVC and
they're trying to get people just to comply.
They're not looking to penalize people so much so, if you
voluntarily submit late filings, the penalty is only $10 a day from the
original due date, up to $2,000 per filing. So that would be for a year would
max out at $2,000, and then $4,000 for a plan.
So, no matter how many years past the second year, the
penalty is maxed out at $4,000, which is a much more reasonable approach than
the other ones are could potentially really financially impact the company.
Those penalties are large, but when you take any type of a
government filing that doesn't have a balanced due, which there is none with
the 5,500, the penalties have to be high so that it encourages people to comply
because otherwise they wouldn't so that's why the penalties are so large.
Are certain plan
sponsors exempt from having to file Form 5500?
Actually, there are several that are exempt.
Government plans, interestingly enough, the government has exempted themselves
from having to file 5,500. Certain church plans
under ERISA Section 333. Group insurance arrangements where
there is an insurance plan that covers multiple companies, then whoever offers
that insurance plan files the 5,500 for all of those participating companies.
So, you as a company that participates in one of those is not
required to file your own 5,500. And then welfare plans that are maintainedoutside of the United States.
If you've got a US company that has a plan
just for their office, say in England, for instance, that particular plan
would not have to file a 55. And of course, just to reiterate,
in any other welfare plan unfunded that's under 100, it's also
exempt from having to file.
Can a
plan sponsor file more than one welfare Form 5500?
Yes, if there's not a wrap document,
there can be multiple plans that would all have to be filed individually.
And the number of plans without a wrap document,
you would take a look at the benefits that are offered, and then carriers
You can group those benefits together under one 5,500.
But say if your medical is with one
company, your dental is with another, your vision is with another,
then you could potentially have three 5,500 that need to be filed
So you have to look at it on a case-by-case basis.
Essentially, each individual insurancecontract becomes a planned document if
You don't have an overall plan documentthat wraps it all together
and of course, a self-funded benefitwould not have an insurance contract,
but it would still be a separate plan.
What are
Wrap Plan Documents?
ERISA requires every plan sponsor to have a written plan document
and if you don't have an overall document
that wraps all of your benefits together, employers typically rely upon the carrier booklets
that are provided to them.
So, like we talked about, you need to file separate 5,500s.
It's a bigger administrative task.
If you put together a wrap plan document,
it takes all of the benefits that you offer, wraps them all into one plan.
You have one document that has all of the language required for ERISA, and then
that allows you to file one 5,500 foryour company instead of multiple 5,500.
So, it really reduces the administrative
burden while also satisfying the document requirements of ERISA.
The interview is available in its entirety at Podbean and
you can read more about Form 5500 Preparation on their website.
Many Thanks to Ann Myers and Alan Perka of the 5500 Tax
Group.
Ann Myers is a partner of the 5500 tax group and has been
practicing public accounting since 1989 and has specialized in employee
benefits since 1993. Ann has extensive experience assisting non-filers and
plans with other failures by utilizing the various correction programs offered
by the Department of Labor and the Internal Revenue Service. Ann is located in
Pittsburgh, PA.
The 5500 Tax Group - https://5500tax.com/