Who must file a Form 5500?
The administrator or sponsor of an employee benefit plan covered by ERISA files a Form 5500 every year: the 2025 instructions say a return/report "must be filed every year for every pension benefit plan, welfare benefit plan", except as they provide. The main exception is a welfare plan that covered fewer than 100 participants at the start of the plan year and is unfunded, fully insured or a combination of the two. Small plans that meet extra conditions may file the short Form 5500-SF, and one-participant plans file Form 5500-EZ.
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Who files
The instructions: "Any administrator or sponsor of an employee benefit plan subject to ERISA must file information about each benefit plan every year", and "All pension benefit plans covered by ERISA must file an annual return/report except as provided in this section." Welfare plans file too, unless they are, among the listed exceptions, "A welfare benefit plan that covered fewer than 100 participants as of the beginning of the plan year and is unfunded, fully insured, or a combination of insured and unfunded" and not subject to the Form M-1 requirements.
Which form
| Form | Who uses it |
|---|---|
| Form 5500 | Large plans (100 or more participants at the start of the plan year) attach Schedule H; small plans filing the full form attach Schedule I |
| Form 5500-SF | Plans with fewer than 100 participants at the start of the plan year that are exempt from the independent audit requirement, have all assets in secure investments with a readily determinable fair market value, hold no employer securities and are not multiemployer or pooled employer plans, among other conditions |
| Form 5500-EZ | Certain one-participant plans (and foreign plans); its data is not published on the internet |
A plan is identified by the sponsor's nine-digit EIN and a three-digit plan number: "Start at 001 for plans providing pension benefits" and "Start at 501 for plans providing only welfare benefits".
When and how
- Due "by the last day of the 7th calendar month after the end of the plan" year (31 July for a calendar-year plan).
- A one-time extension of up to 2½ months is available by filing IRS Form 5558 on or before the normal due date.
- The Form 5500 "must be electronically filed in the ERISA Filing Acceptance System (EFAST2)"; paper filing is not accepted.
Finding filings
The DOL publishes filings: its EFAST2 search covers 2009 and later plan years. From code, the Olympus US Employee Benefits & Form 5500 API returns a sponsor's plans and filings by EIN; see Is there an API for Form 5500 filings?.
Questions
Do small welfare plans have to file Form 5500?
Not if the plan covered fewer than 100 participants at the start of the plan year and is unfunded, fully insured or a combination of the two (and is not subject to the Form M-1 requirements).
When is Form 5500 due?
By the last day of the 7th calendar month after the plan year ends, with a one-time extension of up to 2½ months on Form 5558.
Who prepares Form 5500?
The plan administrator or plan sponsor is responsible for filing it; it is filed electronically through EFAST2.
Sources
- U.S. Department of Labor (EBSA): 2025 Instructions for Form 5500
- U.S. Department of Labor (EBSA): Form 5500 Series
- U.S. Department of Labor (EBSA): Pension plan actuarial information search instructions