My wife has a 403b. I have been telling her employer for years that the plan is an ERISA plan, yet they have not filed 5500s. CPAs claim one is not necessary.

Well her employer finally decided to look into the matter and spoke to an attorney who said that they have a 403(p) plan and that they are in compliance.

I have never heard of a 403(p). I looked at the regs and I believe 403 only goes to section (d). I did find one thing on 403(p), which was health benefits for former spouses of CIA employees. I do not believe this to mean the culinary institute.

So either

1. this attorney is making this up
2. 403p is really a plan for non-profits, schools, hospitals etc and I need to brush up on my 403 plans

Please let me know which it is. Thanks in advance

Don't know enough facts to know if attorney is making this up, but there is no 403p for benefits other than health benefits for spouses of former CIA employees, and that is part of Title 50, not Title 26, of the U.S. Code.

408(p)?? (i.e., a SIMPLE IRA plan)

Why do you care that they don't file 5500s?