About the Form 5500 Any administrator or sponsor of an employee benefit plan subject to ERISA must file information about each benefit plan every year (pursuant to Code section 6058 and ERISA sections 104 and 4065).
You do not have to file Form 5500-EZ for the 2023 plan year for a one-participant plan if the total of the plan's assets and the assets of all other one-participant plans maintained by the employer at the end of the 2023 plan year does not exceed $250,000, unless 2023 is the final plan year of the plan.
Government Plans: Plans established or maintained by federal, state, or local governments for their employees are generally exempt from ERISA. This includes plans for public school employees, state university staff, and municipal workers.
Basic ERISA compliance requires employers provide notice to participants about plan information, their rights under the plan, and how the plan is funded. This includes ensuring plans comply with ERISA's minimum standards, recordkeeping, annual filing and reporting, and fiduciary compliance.
All private employers and employee organizations, such as unions, that offer health plans to employees have to follow ERISA. Only churches and government groups are exempt. If you offer your employees health coverage, you'll have to follow certain rules and procedures as a result of ERISA.
The employer maintaining the plan or the plan administrator of a Pension or Welfare benefit plan covered by ERISA. File Form 5500 to report information on the qualification of the plan, its financial condition, investments and the operations of the plan.
Common types of employer-sponsored retirement accounts that fall under ERISA include 401(k) plans, pensions, deferred-compensation plans, and profit-sharing plans. In addition, ERISA laws don't apply to simplified employee pension (SEP) IRAs or other IRAs.
Filing an ERISA Claim: Step-by-Step Guide Step 1: Review Your Plan. The first step in filing an ERISA claim is to review your disability insurance policy thoroughly. Step 2: Gather Evidence. Step 3: File Your Claim. Step 4: Wait for a Decision. Step 5: Appeal if Necessary.
Every person who “handles funds or other property” of an employee benefit plan is required to be bonded unless covered under an exemption under ERISA.