Does our health plan have to file a Form 5500?

Last updated October 2, 2026

Generally yes for ERISA health plans with 100 or more participants at the start of the plan year; smaller fully-insured or unfunded plans are usually exempt. Form 5500 is due the last day of the seventh month after the plan year ends, with a 2.5-month extension available.

Form 5500 is the annual report ERISA plans file with the Department of Labor. For health and welfare plans the key threshold is 100 participants at the beginning of the plan year: plans at or above it generally must file; fully-insured or unfunded plans below it are generally exempt.

Mechanics worth knowing:

  • Due date: last day of the 7th month after plan year end (July 31 for calendar-year plans), extendable 2.5 months via Form 5558.
  • A wrap plan files once for all wrapped benefits; unwrapped benefits can each require their own filing.
  • Late filings face steep DOL penalties, but the Delinquent Filer program dramatically reduces them for voluntary correction.

Counting "participants" means covered employees (plus certain others) — not dependents — so hovering near 100 deserves a careful count each year.

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