In Plain Sight: 10 Common Employee Benefit Plan Pitfalls
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Endnotes
1 mall plans are plans with fewer than 100 participants. The number of participants as of the first day of the plan year dictates whether you have a large
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or small plan for Form 5500 purposes. Employees become includable as “participants” on the date that the employee becomes eligible to participate regardless of whether they elect to participate.
The participant count must include (1) actively participating employees, (2) retired, deceased, or separated
employees who still have assets in the plan and (3) all eligible employees who have yet to enroll or have elected not to enter the plan. A special ruling
(80/120 Rule) allows plans with between 80 and 120 participants, as of the first day of the plan year, to file the Form 5500 in the same category (“large plan”
or “small plan”) as indicated on the prior year Form 5500 filing
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