Who Must File Form 5500 (and Who Is Exempt)?
Most ERISA-covered retirement and health & welfare plans must file a Form 5500 every year — but there are real exemptions for small welfare plans, one-participant plans, and government and church plans. Answer a few questions to get a quick read — including which form to file and whether an independent audit applies — then read the rules below.
Last updated June 10, 2026
Educational estimate, not a filing determination or legal advice. Special rules apply to MEPs, MEWAs, 403(b), DFEs, short and final plan years, and electing church plans. Confirm with your TPA or ERISA counsel.
Who must file a Form 5500?
Form 5500 is filed by the administrators of ERISA-covered employee benefit plans — both retirement (pension) plans and health & welfare plans. As a rule of thumb, if a private-sector employer's plan is covered by ERISA, it files annually through the DOL's EFAST2 system. The most common filers:
- 401(k) and other defined-contribution plans (profit-sharing, ESOP, money purchase) — every size.
- Defined-benefit pension plans — every size.
- 403(b) plans subject to ERISA.
- Funded welfare plans, and unfunded or insured welfare plans with 100+ participants at the start of the plan year.
Who is exempt from filing Form 5500?
The exemptions are where most of the confusion lives. The main ones:
- Small unfunded or insured welfare plans — fewer than 100 participants and paid solely from insurance or the employer's general assets (29 CFR 2520.104-20).
- Governmental plans — plans of federal, state, and local governments are exempt from ERISA Title I.
- Non-electing church plans — most church plans are exempt unless they elect ERISA coverage.
- One-participant (owner-only) plans under the filing threshold — these file Form 5500-EZ with the IRS only when assets exceed $250,000 (see below), and are not in the public dataset.
- Certain SEP and SIMPLE IRA arrangements satisfy reporting through the IRA custodians rather than a Form 5500.
One-participant plans and the $250,000 rule
A one-participant plan covers only an owner (and possibly a spouse) or partners in a business partnership. These plans file Form 5500-EZ — but only once total plan assets exceed $250,000 at the end of the plan year (a plan also files a final return in its last year, regardless of assets). Form 5500-EZ is filed with the IRS and is not published in the public EFAST2 dataset, so a solo 401(k) won't appear in a Form 5500 lookup.
Is a solo 401(k) an employer-sponsored plan?
Yes. A solo 401(k) is an employer-sponsored plan in which the self-employed person wears both hats: the business (sole proprietorship, LLC, or corporation) establishes the plan as the employer and [plan sponsor](/guides/401k-plan-sponsor), and the owner participates as the employee. That dual status is what allows both employee deferrals and employer profit-sharing contributions to the same account.
Where it differs from a workplace 401(k) is reporting: because it covers no common-law employees, a solo 401(k) files Form 5500-EZ under the $250,000 rule above instead of a regular Form 5500 — so it stays out of the public dataset.
Large plan vs. small plan: which form
Once a plan does have to file, its size determines the form and whether an audit is required. Large plans (generally 100+ participants) file the full Form 5500 with schedules and usually an independent audit; eligible small plans file the short Form 5500-SF. For the step-by-step, see the Form 5500 instructions; for the variants, see what Form 5500 is. You can also browse filers by industry to see what comparable employers file.
Look up any company to confirm whether it files, which form, and which schedules — straight from public DOL data.
Look up a plan's Form 5500Real welfare plans that file Form 5500
Live health & welfare filings from the public DOL data — the large welfare plans (100+ participants) that have to file. Open any plan to see what it reports.
| Plan / sponsor | Assets | Participants |
|---|---|---|
| THE COMMITTEE OF THE UAW RETIREE MEDICAL BENEFITS TRUST UAW GM RETIREES MEDICAL BENEFITS PLAN · MI | $30.6B | 0 |
| THE COMMITTEE OF THE UAW RETIREE MEDICAL BENEFITS TRUST UAW FORD RETIREES MEDICAL BENEFITS PLAN · MI | $19.6B | 0 |
| TRUSTEES OF CENTRAL STATES, SE & SW AREAS HEALTH & WELFARE FUND CENTRAL STATES, SOUTHEAST & SOUTHWEST AREAS HEALTH AND WELFARE PLAN ACTIVE PLAN · IL | $16.6B | 226,080 |
| THE COMMITTEE OF THE UAW RETIREE MEDICAL BENEFITS TRUST UAW CHRYSLER RETIREES MEDICAL BENEFITS PLAN · MI | $12.7B | 0 |
| KAISER FOUNDATION HEALTH PLAN, INC. KAISER FOUNDATION HEALTH PLAN, INC. RETIREE HEALTH AND WELFARE PLAN · CA | $5.4B | 0 |
| NATIONAL ELEVATOR INDUSTRY HEALTH BENEFIT PLAN BOARD OF TRUSTEES NATIONAL ELEVATOR INDUSTRY HEALTH BENEFIT PLAN · PA | $3.4B | 26,202 |
| TRUSTEES OF CENTRAL STATES SE & SW AREAS HEALTH AND WELFARE FUND CENTRAL STATES, SOUTHEAST & SOUTHWEST AREAS HEALTH AND WELFARE PLAN RETIREE PLAN · IL | $3.1B | — |
| BOARD OF TRUSTEES OF LINE CONSTRUCTION BENEFIT FUND LINE CONSTRUCTION BENEFIT FUND · IL | $1.9B | 65,981 |
| PACIFIC GAS AND ELECTRIC COMPANY THE PACIFIC GAS AND ELECTRIC COMPANY HEALTH CARE PLAN FOR RETIREES AND SURVIVING DEPENDENTS · CA | $1.9B | 0 |
| DOMINION ENERGY, INC. DOMINION ENERGY RETIREE HEALTH & WELFARE PLAN · VA | $1.8B | — |
Frequently asked questions
Administrators of ERISA-covered employee benefit plans: 401(k) and other defined-contribution plans, defined-benefit pensions, ERISA 403(b) plans (all sizes), funded welfare plans, and unfunded/insured welfare plans with 100 or more participants.
Small unfunded or insured welfare plans (under 100 participants), governmental plans, most non-electing church plans, and one-participant plans with $250,000 or less in assets are generally exempt from filing.
Yes. ERISA-covered 401(k) plans file regardless of size. A small plan that qualifies may use the short Form 5500-SF, but it still files annually. An owner-only solo 401(k) instead files Form 5500-EZ once assets exceed $250,000.
Not always. A welfare plan with fewer than 100 participants that is unfunded, fully insured, or a combination is generally exempt. A small welfare plan that is funded (e.g. through a trust or VEBA) does file.
An owner-only or owner-plus-spouse retirement plan files Form 5500-EZ with the IRS only when total assets exceed $250,000 at year-end (or in its final year). Below that threshold, no annual filing is generally required.
Yes. The owner's business is the employer and plan sponsor, and the owner participates as the employee. It files Form 5500-EZ (not the regular Form 5500) once plan assets exceed $250,000, so it doesn't appear in the public filing data.
Generally yes. Governmental plans are exempt from ERISA Title I, and most church plans are exempt unless they elect ERISA coverage.