HR Fast Facts: Who Has to File the Form 5500?

Find out who must file form 5500 for health insurance.

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On the first day of their Employee Retirement Income Security Act (ERISA) plan year (which is different than the policy year), if a 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, Consolidated Omnibus Budget Reconciliation Act (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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