What federal plan filings or reporting would be required for an HRA?
A. For an unfunded HRA (i.e., the kind of HRA that was the primary focus of the IRS guidance), DOL regulations provide an exemption from having to file a Form 5500 in the case of an ERISA welfare benefit plan, such as a health plan, that has fewer than 100 participants as of the beginning of the plan year. Unfunded means that participant contributions are not segregated from the employer’s general assets. On the other hand, this exemption is not available to a funded HRA (one that requires a trust).
