CAA Gag Clause Prohibition Compliance & Form 5500

I have received multiple inquiries regarding the Consolidated Appropriations Act of 2021 Gag Clause Prohibition Compliance Attestation certification and the question about Form 5500.

This is about your medical plan, not your retirement plan.

Form 5500's are also required for benefit plans such as medical plans.

In general, most medical plans are considered ERISA plans which have a Form 5500 requirement, however if there are under 100 participants covered under the medical plan, then no Form 5500 is required to be filed, however your plan is still likely considered an ERISA plan.

If you are not sure what Plan No. to use, use 501 since the 500 series is used for health and welfare benefit plans.