What is a Form 5500 and do we have to file one?
Employee benefit plans subject to the reporting requirements of ERISA are required to file a Form 5500 for the plan. Your Cafeteria Plan is not an ERISA plan, but components under your Cafeteria Plan for example, a Health FSA, is an ERISA Plan. ERISA regulations require an annual form 5500 unless an exemption applies such as unfunded and/or fully insured plans with fewer than 100 participants at the start of the plan year. Church and governmental plans are not subject to ERISA.