June 2026 Benefits Q&A: CMS Creditable Coverage, HSA Family Contributions & Form 5500 — Your Compliance Questions Answered
- June 23, 2026
- Posted by: Gus Altuzarra
- Category: Compliance Q&A
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6.4.26 | FORM 5500 AND COMMON OWNERSHIP
Q. Two employers have common ownership but offer separate benefit plans with unique policy numbers and have separate ERISA wrap documents. When counting employees for Form 5500 filing, are employees counted separately in each company, or would common ownership indicate that the two employer groups are counted together?
A. For purposes of the 5500 filing, you look to the total number of participants in a plan, regardless of whether the employer (or another employer in the controlled group) sponsors another similar plan. Common ownership would only matter if employees of both companies participate in the same plan.
6.11.26 | HSA EMPLOYEE-ONLY VERSUS FAMILY CONTRIBUTIONS
Q. If an employee is enrolling in employee-only coverage under an HDHP plan, can he contribute an HSA to the family maximum level of $8,750 if his spouse has employee + children coverage? Would the spouse also need to be enrolled in an HDHP? If the spouse and children are also enrolled in an HDHP and the employee is allowed to contribute the full family contribution, can his contribution be pre-tax?
A. If the employee is enrolled in employee-only HDHP coverage, and the employee’s spouse and chidren are enrolled in a separate HDHP, the two spouses can contribute to either of their HSAs up to the family limit. This means the employee can contribute up to the family limit in their HSA, even though the employee is only enrolled in employee-only HDHP coverage, because the spouse is enrolled in family HDHP coverage. Contributions to both HSAs can be pre-tax, if each employer’s cafeteria plan permits pre-tax HSA contributions (most do).
6.18.26 | CMS CREDITABLE COVERAGE DISCLOSURE
Q. Our client is using an ICHRA and is filling out the CMS Creditable Coverage Disclosure form. The form asks if all options offered are creditable, non-creditable, or a mix. The group’s ICHRA is considered non-creditable coverage, but he Marketplace plans can be creditable coverage depending on the plan. How should the employer respond on the form?
A. With an ICHRA, the employer reports that it offers non-creditable coverage, regardless of whether a Marketplace plan under the ICHRA is creditable or not. The question is getting to the ICHRA, and that is always reported as non-creditable.
Answers to the Question of the Week are provided by Kutak Rock LLP. Kutak Rock provides general compliance guidance through the UBA Compliance Help Desk, which does not constitute legal advice or create an attorney-client relationship. Please consult your legal advisor for specific legal advice.
