Who needs to file the form 5500?

On the first day of their ERISA plan year (which is different than the policy year), if the company had 100 or more participants enrolled in coverage, then they will need to file a Form 5500 for their Health and Welfare Benefit plan. A group health plan with fewer than 100 employees that is either fully-insured or self-funded (or a combination of both) is generally not required to file Form 5500.

Participants include employees, COBRA enrollees, and retirees, but does not include dependents.

For more information about Form 5500, visit this Department of Labor page.

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