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Full Version: Is Adoption Assistance Program an ERISA Welfare Plan?
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T Hoffman
Is our adoption assistance program an ERISA welfare plan? I have not been able to find any DOL advisory opinions on this topic.
Joe Priselac
Adoption Assistance is not an ERISA plan and therefore not subject to DOL regulations. For example there is no requirement to file a 5500 tax form.
victoria davis
Adoption assistance plans are subject to a Form 5500 filing beginning with the 1998 plan year under a new law change to the Code. It is a short filing using a Schedule F, but it must be done or IRS penalties may apply. Refer to the instructions to the 1998 Form 5500.
Joe Priselac
Victoria,
Are you assuming that the adoption assistance plan is within the context of a Section 125 plan? Since it is not a Specified Fringe Benefit Plan or Welfare Benefit Plan on what basis would 5500 filings be required?
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