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PLAN REPORTING CALENDAR: ALL PLANS

PLAN REPORTING CALENDAR: ALL PLANS
3rd QUARTER 2010 FILING DUE DATES FOR CALENDAR YEAR PLANS
This calendar is for all types of plans, with specific reference to the types of plans affected.
This calendar is not intended to be an exhaustive listing of every due date under the Code or ERISA, but rather reflects some of the most common due dates

DUE DATE

DOCUMENT

FORM

WHO FILES

FURNISHED TO

 

7/31/2010 (for calendar year Form 5500)
(Before the normal due date of the annual return/report; sufficiently before the normal due date for Form 5330 for the IRS to consider and act on it)

Application for extension of time to file Form 5500, 5500-EZ, or 5330

5558

Administrator, employer or agent; filed for defined benefit, money purchase, profit-sharing, stock bonus, annuity, multiemployer, collectively-bargained, Keogh (H.R. 10), employer- or union-sponsored IRA, welfare, nonqualified, and electing church plans

Internal Revenue Service

 

On or before 7/31/2010

Statement of deferred vested benefits

None prescribed

Plan administrator who is required to file annual registration statement

Separated participant

 

8/2/10

Annual return/report for 2009 plan year

5500 for all large and small (less than 100 participants) plans, except for one-participant plans (see Form 5500-EZ and Form 5500-SF below)

Plan administrator of or employer maintaining defined benefit, money purchase, profit-sharing, stock bonus, annuity, multiemployer, collectively-bargained, Keogh (H.R. 10), employer- or union-sponsored IRA, welfare, nonqualified, or electing church plan

•  Employee Benefits Security Administration, electronically either online through EFAST2's web-based filing system or through an EFAST2-approved vendor;
•   copy to any participant and beneficiary within 30 days of written request

 

8/2/10

Annual return/report for 2009 plan year

5500-EZ, generally for one-participant plan (that is, a plan that covers only a sole owner (or a sole owner and spouse) of a trade or business, whether or not incorporated, or a plan that covers only partners (or partners and their spouses))

Plan administrator or employer maintaining the plan, except for a business that is a member of an affiliated service group, a controlled group of corporations, or a group of businesses under common control, or a business that leases employees, in which case Form 5500 must be filed

Internal Revenue Service

 

8/2/10

Short form annual return/report for 2009 plan year

5500-SF

Plan administrator or employer maintaining certain small (i.e., generally fewer than 100 participants at the beginning of 2009 plan year) pension and welfare benefit plan, and certain one-participant plans; ESOPs, DFEs, and multiemployer plans are not eligible plans

Employee Benefits Security Administration electronically either online through EFAST2’s web-based filing system, or through an EFAST2-approved vendor

 

8/2/10

Insurance information

5500, Schedule A

Administrator of the following large and small (fewer than 100 participants) plans if any benefits are provided by an insurance company, insurance service or other similar organization: defined benefit, money purchase, profit-sharing, stock bonus, annuity, multiemployer, collectively-bargained, Keogh (H.R. 10), welfare, nonqualified, and electing church plans

•  Employee Benefits Security Administration, electronically either online through EFAST2's web-based filing system or through an EFAST2-approved vendor with Form 5500;
•  copy to participant or beneficiary within 30 days of written request

 

8/2/10

Service provider information

5500, Schedule C

Administrator of following large plans if service provider was paid $5,000 or more in direct or indirect compensation and/or an accountant or actuary was terminated: defined benefit, money purchase, profit-sharing, stock bonus, multiemployer, collectively bargained (with only one employer-contributor), Keogh (H.R. 10), welfare, nonqualified, and electing church plans

•  Employee Benefits Security Administration, electronically either online through EFAST2's web-based filing system or through an EFAST2-approved vendor with Form 5500;
•  copy to participant or beneficiary within 30 days of written request

 

8/2/10   (Note: filings for DFEs, such as a master trust, must occur no later than 9 ½ months after the close of the plan year—no extensions permitted)

Direct filing information/participating plan information

5500, Schedule D

Administrators of large and small pension and welfare plans that participated or invested in one or more common/collective trusts (CCTs), pooled separate accounts (PSAs), master trust investment accounts (MTIAs), and 103-12 Investment Entities (103-12 IEs) at any time during the plan year, and a CCT, PSA, MTIA, 103-12, or group insurance arrangement (GIA) as a direct filing entity (DFE)

•  Employee Benefits Security Administration, electronically either online through EFAST2's web-based filing system or through an EFAST2-approved vendor with Form 5500;
•  copy to participant or beneficiary within 30 days of written request

 

8/2/10

Financial transaction schedules

5500, Schedule G (The actual use of Schedule G now is mandatory, when applicable)

Administrator of large pension and welfare plans and Direct Filing Entities (DFE) if, on Schedule H, lines 4b, 4c, or 4d are answered “yes”

•  Employee Benefits Security Administration, electronically either online through EFAST2's web-based filing system or through an EFAST2-approved vendor with Form 5500;
•  copy to participant or beneficiary within 30 days of written request

 

8/2/10

Financial information for large plans and DFEs

5500, Schedule H

Administrator for large pension and welfare plans (100 or more participants) and Direct Filing Entities (DFEs), except insured, unfunded, or combination unfunded/insured welfare plans and certain fully insured pension plans. If Schedule I was filed for the 2008 plan year and the plan covered fewer than 121 participants as of the beginning of the 2009 plan year, Schedule I may be completed instead of Schedule H

•  Employee Benefits Security Administration, electronically either online through EFAST2's web-based filing system or through an EFAST2-approved vendor with Form 5500;
•  copy to any participant or beneficiary within 30 days of written request

 

8/2/10

Financial information for small plans

5500, Schedule I

Administrator of small pension and welfare plans (fewer than 100 participants), except for insured, unfunded, or combination unfunded/insured welfare plans and certain fully insured pension plans. If Schedule I was filed for the 2008 plan year and the plan covered fewer than 121 participants as of the beginning of the 2009 plan year, Schedule I may be completed instead of Schedule H

•  Employee Benefits Security Administration, electronically either online through EFAST2's web-based filing system or through an EFAST2-approved vendor with Form 5500;
•  copy to any participant or beneficiary within 30 days of written request

 

8/2/10

Multiemployer defined benefit plan and certain money purchase plan actuarial information

5500, Schedule MB

Employer or plan administrator of multiemployer defined benefit plan subject to minimum funding standards and money purchase plans (including target benefit plans) that are currently amortizing a funding waiver; may include annuity, collectively bargained, and electing church plans; also certain money purchase plans filing Form 5500-SF, completing entire schedule, if applicable (however, for Form 5500-EZ, the schedule is not filed, but instead is retained with plan records)

•   Employee Benefits Security Administration, electronically either online through EFAST2's web-based filing system or through an EFAST2-approved vendor with Form 5500 or 5500-SF;
•   copy to participant or beneficiary within 30 days of written request

 

8/2/10

Retirement plan information

5500, Schedule R

Administrator of large and small pension plans, both qualified and nonqualified, unless (1) the sole funding vehicle for providing benefits individual retirement accounts for annuities under Code Sec. 408, or (2) the plan is not a defined benefit plan or otherwise subject to the minimum funding standards of Code Sec. 412 or ERISA Sec. 302; no plan benefits in a form other than cash, annuity contracts issued by an insurance company, life insurance contracts, marketable securities, or plan loan offset amounts were distributed during the plan year; no benefits reportable on Form 1099-R were distributed during the plan year by payors other than the plan sponsor or plan administrator; and, unless the plan is a profit-sharing, ESOP, or stock bonus plan, no plan benefits of living or deceased participants were distributed during the plan year in the form of a single-sum distribution

•  Employee Benefits Security Administration, electronically either online through EFAST2's web-based filing system or through an EFAST2-approved vendor with Form 5500;
•   copy to any participant or beneficiary within 30 days of written request

 

8/2/10

Actuarial information

5500, Schedule SB

Plan sponsor or administrator of single-employer defined benefit plan (including multiple employer defined benefit plan) subject to minimum funding standards; may include annuity, collectively bargained, Keogh (H.R. 10), nonqualified, and electing church plans; also plans filing Form 5500-SF, completing entire schedule, if applicable (however, for Form 5500-EZ, the schedule is not filed, but instead is retained with plan records)

•  Employee Benefits Security Administration, electronically either online through EFAST2's web-based filing system or through an EFAST2-approved vendor with Form 5500 or 5500-SF;
•  copy to participant or beneficiary within 30 days of written request

 

 

8/2/10

Opinion of independent qualified public accountant

None prescribed, but an opinion as required by ERISA Sec. 103 and the regulations thereunder

Administrator of large pension and welfare plans including the following plans: defined benefit, money purchase, profit-sharing, stock bonus, annuity, multiemployer, collectively-bargained, Keogh (H.R. 10), welfare (other than a plan that is unfunded, fully insured, or both), nonqualified, and electing church plans; and group insurance arrangements (GIAs) and investment entities filing under 29 CFR §2520.103-12 (103-12 IEs)

Employee Benefits Security Administration, electronically either online through EFAST2's web-based filing system or through an EFAST2-approved vendor with Form 5500; not required for Form 5500-EZ filers

 

8/2/10

Notice of change in name of plan

5500 or 5500-EZ at specified line item

Plan administrator

Employee Benefits Security Administration

 

8/2/10

Notice of change in name, EIN, or plan number of plan sponsor

5500 at specified line item

Plan administrator

Employee Benefits Security Administration

 

8/2/10

Notice of plan termination

5500, Schedule H (for large plans) and Schedule I (for small plans), at specified line item

Plan administrator

Employee Benefits Security Administration

 

•   by the last day of the 7th month after the end of the disqualified person's tax year;
•   by the 15th day of the 5th month following the close of the entity manager's tax year in which the tax-exempt entity becomes a party to the transaction

Return for payment of initial excise taxes for prohibited transaction and prohibited tax shelter transaction

5330

Disqualified person who participated in prohibited transaction in regard to following plans: defined benefit, money purchase, profit-sharing, stock bonus, annuity, multiemployer, collectively-bargained, Keogh (H.R. 10), employer- or union-sponsored IRA, and electing church plans; and any plan entity manager of tax-exempt entity who approves entity as party to, or otherwise causes entity to be party to, prohibited tax-shelter transaction and knows or has reason to know transaction is prohibited tax shelter transaction

Internal Revenue Service,

 

by the later of:
•  7/31/2010 for an employer with a calendar year tax year, or
•   8 ½ months after the last day of the plan year that ends with or within the filer's tax year

Return for payment of excise taxes for underfunding or for failure to meet liquidity requirement

5330

Employer who failed to meet minimum funding standards or liquidity requirement of a defined benefit or defined contribution (money purchase) plan

Internal Revenue Service

 

7/31/2010 for an employer with a calendar year tax year

 

5330

Employer who made nondeductible contributions to the following plans: defined benefit, money purchase, profit sharing, stock bonus, annuity, multiemployer, collectively-bargained, Keogh and church (unless employer has always been tax-exempt) plans and SEPs

Internal Revenue Service

 

FLOATING DATES

 

 

Within 90 days after employee becomes a participant or beneficiary, or, if later, within 120 days after the plan becomes subject to the reporting and disclosure requirements

Summary plan description (SPD) and statement of ERISA rights

None prescribed

Administrator of following plans: defined benefit, money purchase, profit-sharing, stock bonus, annuity, multiemployer, collectively-bargained, employer-sponsored IRA, welfare, and nonqualified (other than unfunded excess benefit plans)

Each participant or beneficiary, to the Dept. of Labor only upon request

 

Within 210 days after the end of the appropriate plan year— generally, every 5 years if there are plan amendments but, if no plan amendments, every 10 years

Updated summary plan description

None prescribed

Administrator of following plans: defined benefit, money purchase, profit-sharing, stock bonus, annuity, multiemployer, collectively-bargained, employer-sponsored IRA, welfare, and nonqualified (other than unfunded excess benefit plans)

Participants and beneficiaries, and effective 8/5/97, to the Dept. of Labor only upon request

 

Not later than 210 days after the end of the plan year in which a change to the plan is adopted

Summary Annual Report (SAR) for 2009

For Form 5500 filers, fill-in-the-blank format prescribed by ERISA Reg. Sec. 2520.104b-10(d)(3)

Administrator of the following plans: money purchase, profit-sharing, stock bonus, annuity, multiemployer, collectively-bargained, Keogh (H.R. 10), employer- or union-sponsored IRA, welfare, nonqualified and electing church plans

Participants and beneficiaries receiving benefits under the plan (other than beneficiaries under a welfare plan) within 9 months after the end of the plan year, or 2 months after the due date for filing Form 5500 with an extension

 

Not later than 210 days after the end of the plan year in which a change to the plan is adopted

Summary of material modifications (SMMs) or changes in information made during 2009 and not included in a timely summary plan description

None prescribed

Administrator of the following plans: defined benefit, money purchase, profit-sharing, stock bonus, annuity, multiemployer, collectively-bargained, employer-sponsored IRA, welfare, and nonqualified

Participants and beneficiaries, and effective 8/5/97, to the Dept. of Labor only upon request

 

No earlier than 6 months before the first  payment and no later than the first payment

First-time notice of election not to have withholding apply to periodic payments (Note: There is a mandatory 20% withholding on periodic payments that are (1) payable over < 10 yrs or the participant's life or life expectancy (or the joint lives or life expectancies of the participant and beneficiary) and (2) are not directly transferred to another qualified plan or IRA. Participants may not elect out of this withholding. Mandatory withholding does not apply to nonqualified plans or IRAs.)

None prescribed; there is an IRS sample notice

Payer of periodic annuity, pension, retirement pay, or IRA payments under the following plans; defined benefit, money purchase, profit-sharing, stock bonus, annuity, multiemployer, collectively-bargained, and IRA

Recipient of periodic annuity, pension, or retirement pay

 

When first payment is made

Short notice of election for periodic payments (Note: There is a mandatory 20% withholding on periodic payments that are (1) payable over less than 10 years or the participant's life or life expectancy (or the joint lives or life expectancies of the participant and designated beneficiary) and (2) are not directly transferred to another qualified plan or IRA.  Mandatory withholding does not apply to nonqualified plans or IRAs.)

None prescribed; There is an IRS sample notice

Payer of periodic annuity, pension, retirement pay, or IRA payments who furnished full withholding notice prior to making first payment

Recipient of periodic annuity, pension, retirement pay, or IRA payments

 

Approximately the same time each calendar year after the notice that is provided with the first payment

Annual notice of election not to have withholding apply to periodic payments or revocation of such election ( Note: There is a mandatory 20% withholding on periodic payments that are (1) payable over less than 10 years or the participant's life or life expectancy (or the joint lives or life expectancies of the participant and designated beneficiary) and (2) are not directly transferred to another qualified plan or IRA.  Mandatory withholding does not apply to nonqualified plans or IRAs.)

None prescribed; there is an IRS sample notice

Payer of periodic annuity, pension, retirement pay, or IRA payments under the following plans: defined benefit, money purchase, profit-sharing, stock bonus, annuity, multiemployer, and collectively-bargained

Recipient of periodic annuity, pension, retirement pay or IRA payments

 

No less than 30 days and no more than 180 days before the date of the distribution

Written notice to eligible rollover distribution recipients explaining rollover rules, tax treatment of distributions, direct rollover option and mandatory 20% withholding rules. (Note: There is a mandatory 20% withholding on eligible rollover distributions that are not directly transferred to another qualified plan or IRA. An eligible rollover distribution is, in general, a distribution of all or any portion of a participant's benefit under a qualified plan, excluding: (1) periodic payments payable over 10 or more yrs or the participant's life or life expectancy (or joint lives of the participant and participant's beneficiary), (2) minimum required distributions, and (3) certain other specified payments.)

None prescribed; there is an IRS model notice

Payer of eligible rollover distribution from the following plans: defined benefit, money purchase, profit-sharing stock bonus, annuity, multiemployer, and collectively-bargained

Recipient of eligible rollover distribution

 

No less than 30 days and no more than 180 days before date of distribution

Written notice of participant’s right to defer an immediate cash-out distribution and of the consequences of failing to defer the distribution when the participant’s nonforfeitable accrued benefit is over $5,000

None prescribed

Administrators of retirement plans

Plan participant

 

No less than 30 and no more than 180 days before the date of distribution; under DOL safe harbor final regulations, for participant or beneficiary, SPDs (that include the plan's automatic rollover provisions) within 90 days after her or she becomes a participant or beneficiary, in updated in SPDs (that include the plan's automatic rollover provisions) within 210 days after the end of the appropriate plan year, and in SMMs (that include the plan's automatic rollover provisions) not later than 210 days after the end of the plan year in which a change is adopted

Written notice that mandatory distributions between $1,001 and $5,000 may be rolled over automatically, without cost, to IRAs when participants do not elect to take distributions in cash or have the amounts transferred to qualified plans or different IRAs

None prescribed

Administrators of retirement plans that provide that a nonforfeitable accrued benefit whose present value does not exceed $5,000 will be immediately distributed to a participant

Recipient of eligible rollover distribution: in rollover notices (that include the plan's automatic rollover provisions)

 

No earlier than 6 months before distribution but recipient must be given reasonable time between notice and payment. The “reasonable time” requirement is satisfied if the notice is included in the basic claim for benefits application

Notice of election not to have withholding apply to nonperiodic payments ( Note: This only applies to distributions that are not eligible rollover distributions.)

None prescribed; there is an IRS sample notice

Payer of distribution (other than an eligible rollover distribution) from the following plans: defined benefit, money purchase, profit-sharing, stock bonus, annuity, multiemployer, collectively-bargained,, IRA, and nonqualified

Recipient of total distribution or withdrawal

 

 

 

 

 

At any time

Election of nonwithholding on periodic or nonperiodic pension or annuity payments (Note: Recipients of eligible rollover distributions do not have the option of claiming exemption from withholding and tax will be withheld at a flat 20% rate, unless the recipient elects to have more withheld on Form W-4P. However, no tax will be withheld if the eligible rollover distribution is directly rolled over to an IRA or another qualified plan.)

W-4P (line 1)

Recipient of periodic or nonperiodic payments from the following plans: defined benefit, money purchase, profit-sharing, stock bonus, annuity, multiemployer, collectively-bargained, IRA, and certain nonqualified plans (unless distributions are Form W-2 wages)

Payer of periodic or nonperiodic pension or annuity payments

 

 

 

 

 

At any time

Withholding certificate for claiming specified number of withholding allowances (and any extra amount) to change amount of tax withheld on periodic pension or annuity payments (Note: Recipients of eligible rollover distributions do not have this option. The rate is a flat 20% rate, unless the recipient elects to have more than 20% withheld on Form W-4P. However, no tax will be withheld if the eligible rollover distribution is directly rolled over to an IRA or another qualified plan.)

W-4P (lines 2 and 3)

Recipient not electing exemption from withholding on periodic payments from the following plans: defined benefit, money purchase, profit-sharing, stock bonus, annuity, multiemployer, collectively-bargained, Keogh (H.R. 10), IRA, certain nonqualified plans (unless distributions are Form W-2 wages), government (including Code Sec. 457 plans) and church plans

Payer of periodic pension or annuity payments

 

 

 

 

 

At any time

Revocation of previously filed exemption from withholding on periodic or nonperiodic pension or annuity payments    ( Note: Recipients of eligible rollover distributions do not have the option of claiming an exemption from withholding; the rate is a 20% flat rate unless the recipient elects to have more than 20% withheld on Form W-4P. However, no tax will be withheld if such distribution is directly rolled over to an IRA or another qualified plan.)

W-4P (line 1 or lines 2 and 3, as per instructions to W-4P)

Recipient of periodic or nonperiodic pension or annuity payments from the following plans: defined benefit, money purchase, profit-sharing, stock bonus, annuity, multiemployer, collectively-bargained, IRA, and certain nonqualified plans (unless distributions are Form W-2 wages)

Payer of periodic or nonperiodic pension or annuity payments

 

 

 

 

 

Quarterly, the last day of the month that follows the end of the quarter

Report of income tax amounts withheld from nonqualified plan payments that are treated as wages and reported on Form W-2

941 (line 2)

Employer

Internal Revenue Service

 

(1) at least once each calendar quarter when the participant or beneficiary has the right to direct the investment of assets in his or her account;
(2) at least once each calendar year when the participant or beneficiary has an account but does not have the right to direct the investment of his or her account assets; (alternatively, a statement may be provided that enables the participants or beneficiaries to determine their nonforfeitable vested benefits); and
(3) on written request to a plan beneficiary not described in (1) or (2) above (but not more than once during any twelve-month period);  (there are special rules for plans maintained pursuant to collective bargaining agreements); automatically to terminated and break-in-service employees

Personal benefit statement of accrued and vested benefits

None prescribed

Administrator of individual account plan (except one-participant retirement plan)

Each participant and beneficiary

 

At least once every three years; and to each participant or beneficiary upon written request (but not more than once during any twelve-month period); alternatively, the notice requirements for the employed participants with nonforfeitable accrued benefits are met if at least once each year they are provided a notice of the availability of the pension benefit statements and the ways to obtain the statements (not later than December 31, 2007, (there are special rules for plans maintained pursuant to collective bargaining agreements); automatically to terminated and break-in-service employees

Personal benefit statement of accrued and vested benefits

None prescribed

Administrator of defined benefit plan (except one-participant retirement plan)

Each participant with nonforfeitable accrued benefits and who is employed by an employer maintaining the plan at the time the statement is to be furnished

 

Within a reasonable time, but no later than 90 days after receipt of claim; a claimant must be given at least 60 days to appeal a claim denial; if denial is appealed, the named fiduciary must furnish decision on review

Notice of benefit determination

None prescribed

Administrator of employee benefit plans generally (see below for requirements for group health plans)

Claimants (participants and beneficiaries)

 

No later than 72 hours after receipt of claim; claimants of pre-service claims no later than 15 days after receipt of claim; claimants of post-service claims no later than 30 days after receipt of claim; a claimant must be given at least 180 days to appeal a claim denial; specific appeals rules apply according to the type of claim and levels of appeal

Notice of benefit determination

None prescribed

Administrator of group health plan

Claimants of urgent care claims

 

On or before the last day of the end of the short period required to make the change

Application to change plan and/or trust year (for plans that do not qualify for automatic approval)

5308

Employer (administrator, if a multiple employer plan) sponsoring the following plans: defined benefit, money purchase, annuity, multiemployer, collectively-bargained and Keogh (H.R. 10); employers sponsoring profit sharing, stock bonus, government and non-electing church plans need only file Form 5308 to change trust year (not plan year)

Internal Revenue Service

 

 

 

 

 

Before the normal due date of the annual return/report; sufficiently before the normal due date for Form 5330 for the Internal Revenue Service to consider and act on it

Application for extension of time to file Form 5500, 5500-EZ, or 5330

5558

Administrator, employer or agent; filed for defined benefit, money purchase, profit-sharing, stock bonus, annuity, multiemployer, collectively-bargained, Keogh (H.R. 10), employer- or union-sponsored IRA, welfare, nonqualified, and electing church plans

Internal Revenue Service

 

 

 

 

 

By the last day of the 7th month after the end of the disqualified person's tax year; by the 15th day of the 5th month following the close of the entity manager's tax year in which the tax-exempt entity becomes a party to the transaction

Return for payment of initial excise taxes for prohibited transaction and prohibited tax shelter transaction

5330

Disqualified person who participated in prohibited transaction in regard to following plans: defined benefit, money purchase, profit-sharing, stock bonus, annuity, multiemployer, collectively-bargained, and  employer- or union-sponsored IRA

Internal Revenue Service

 

By the later of: (1) the last day of the 7th month after the end of the employer's tax year, or (2) 8 ½ months after the last day of the plan year that ends with or within the filer's tax year

Return for payment of excise taxes for underfunding or for failure to meet liquidity requirement

5330

Employer who failed to meet minimum funding standards or liquidity requirement of a defined benefit or defined contribution (money purchase) plan

Internal Revenue Service

 

No later than the last day of the 7th month after the end of the employer's tax year

Return for payment of excise taxes for nondeductible employer contributions

5330

Employer who made nondeductible contributions to the following plans: defined benefit, money purchase, profit sharing, stock bonus, annuity, multiemployer, collectively-bargained, and SEPs

Internal Revenue Service

 

No later than the last day of the month following the month in which the reversion occurs

Return for payment of 20% or 50% excise tax on employer plan assets reversion (see discussion at ¶5525)

5330

Employer maintaining defined benefit, money purchase, profit-sharing, stock bonus, annuity, multiemployer, and collectively-bargained

Internal Revenue Service

 

Within 9 months after the end of the plan year, or 2 months after the due date for filing Form 5500 with an extension

Summary annual report (SAR) for 2009

For Form 5500 filers, fill-in-the-blank format prescribed by ERISA Reg. Sec. 2520.104b-10(d)(3)

Administrator of the following plans: money purchase, profit-sharing, stock bonus, annuity, multiemployer, collectively-bargained, employer- or union-sponsored IRA, welfare, and nonqualified

Participants and beneficiaries receiving benefits under the plan (other than beneficiaries under a welfare plan)

 

No less than 30 days before the transaction

Notice of merger or consolidation, or spinoff or transfer of assets or liabilities to another plan

5310-A; also reported on 5500, Schedule H (for large plans) and Schedule I (for small plans)

Sponsor or administrator of following plans: defined benefit, money purchase, profit sharing, stock bonus, 401(k), annuity, collectively bargained, (but see below for multiemployer plan subject to ERISA, Title IV), and  nonqualified

Internal Revenue Service

 

At least 120 days before effective date of merger or transfer

Notice of merger or transfer between multiemployer plans

None prescribed

Plan sponsor of multiemployer plan subject to ERISA, Title IV

Pension Benefit Guaranty Corporation

 

On or before notification date for the testing year (i.e., the later of: (a) October 15 of the year following the testing year, or (b) the 15th day of the 10th month after the close of the plan year of the plan of the employer that begins earliest in the testing year)

Notice of qualified separate lines of business (QSLOBs)

5310-A

Employer maintaining the following single-employer plans: defined benefit, defined contribution, and annuity

Internal Revenue Service

On or before the 105th day after the close of the filer's fiscal (or calendar year if controlled group members have different fiscal years); if required plan actuarial information is unavailable at the above deadline, filer must submit the actuarial information within 15 days after the deadline for filing Form 5500 for plan year ending within filer's fiscal (or calendar) year, provided certain requirements are met

Annual financial and actuarial reports

None prescribed

Generally, contributing sponsor and each member of contributing sponsor's controlled group that maintains single-employer and multiemployer defined benefit plan if funding target attainment percentage at the end of preceding plan year is less than 80%, conditions for imposition of lien for plan have been met, or minimum funding waivers in excess of $1,000,000 have been granted for plan and any portion is still outstanding

Pension Benefit Guaranty Corporation (PBGC) online at PBGC's website

 

At least 60 but not more than 90 days before proposed termination date

Notice of intent to terminate

None prescribed

Administrator of single-employer plan terminating in a standard or distress termination

Participant, beneficiary of deceased participant, alternate payee, any employee organization representing (or that formerly represented) employees, any person designated in writing to receive notice

 

No later than 10 days after the due date for the required payment

Notice of failure to make required contributions

PBGC Form 200

Contributing sponsor and/or parent of controlled group of single-employer defined benefit plan

Pension Benefit Guaranty Corporation

 

Within 30 days after a plan administrator or contributing sponsor knows or has reason to know that a reportable event has occurred

Post-event notice of reportable events

PBGC Form 10

Generally, administrator and each contributing sponsor of single-employer defined benefit plan

Pension Benefit Guaranty Corporation

 

No later than 30 days before the effective date of the reportable event

Advance notice of reportable events

PBGC Form 10-Advance

Each contributing sponsor of single-employer defined benefit plan

Pension Benefit Guaranty Corporation

 

At least 60 and no more than 90 days before proposed termination date, and not before notice of intent to terminate is issued to all other affected parties

Notice of intent to terminate

PBGC Form 600

Administrator of single-employer defined benefit plan terminating in distress termination

Pension Benefit Guaranty Corporation

 

No later than 180 days after the proposed termination date

Standard termination notice (and enrolled actuary certification)

PBGC Form 500 (and Schedule EA-S)

Administrator of single-employer defined benefit plan terminating in a standard termination

Pension Benefit Guaranty Corporation

 

No later than 120 days after the proposed termination date

Distress termination notice (and enrolled actuary certification)

PBGC Form 601 (and Schedule EA-D)

Administrator of single-employer defined benefit plan terminating in a distress termination

Pension Benefit Guaranty Corporation

 

Generally no later than 15 days after receipt of a written request for information from any of the above parties, or the provision of new information to the PBGC

Disclosure of plan termination information provided to Pension Benefit Guaranty Corporation

None prescribed

Administrator of single-employer defined benefit plan terminating in a distress termination or that is being involuntarily terminated

Participant, beneficiary of a deceased participant, alternate payee, employee organization that represents participants, and the PBGC

 

No later than 15 days after receipt of a written request for information from any Participant, beneficiary of a deceased participant, alternate payee, employee organization that represents any of the above parties

Provision of copy of administrative record, including trusteeship decision record, for involuntary termination of single-employer defined benefit plan

None prescribed

Pension Benefit Guaranty Corporation

Participant, beneficiary of a deceased participant, alternate payee, employee organization that represents participants

 

No later than 30 days after final distribution of plan assets is completed

Missing participant information

Schedule MP

Administrator of single-employer defined benefit plan terminating in a standard or distress termination ( may be utilized by terminating qualified pension plans not subject to the PBGC's termination insurance program (i.e., defined contribution plans, defined benefit plans with no more than 25 active participants that are maintained by professional service employers, the portion of defined benefit plans that provide benefits based on participants' separate accounts, and plans that at no time after the enactment of ERISA provided for employer contributions), for distributions made after the PBGC issues final regulations

Pension Benefit Guaranty Corporation

 

No later than 30 days after final distribution of plan assets is completed

Post-distribution certification

PBGC Form 501

Administrator of single-employer defined benefit plan terminating in a standard termination

Pension Benefit Guaranty Corporation

 

No later than 30 days after distribution of plan assets is completed

Post-distribution certification

PBGC Form 602

Administrator of single-employer defined benefit plan terminating in a distress termination

Pension Benefit Guaranty Corporation

 

On the 30th day of each of three consecutive 12-month periods; the first 12-month period begins with the first calendar month following the calendar month in which the plan’s termination date falls

Termination premium declaration

PBGC Form T

Generally, each contributing sponsor and member of any contributing sponsor’s controlled group on the day before the termination date  of a single-employer defined benefit plan terminating in a distress termination or an involuntary termination

Pension Benefit Guaranty Corporation

 

At least 45 days before the effective date of the plan amendment (for multiemployer plans, small plans, and amendments in connection with an acquisition or disposition, at least 15 days before the effective date of the plan amendment)

Notice of significant reduction in the rate of future benefit accruals, including reductions in certain early retirement benefits or retirement-type subsidies

None prescribed

Administrator of defined benefit or money purchase plans

Participants, alternate payees under QDROs, employee organizations representing participants, contributing employers (for multiemployer plans)

 

No less than 30 days and no more than 180 days before the annuity starting date

Explanation of participant's right to choose between a qualified j and s annuity and other forms of distributions, and, terms and conditions of qualified optional survivor annuity

None prescribed

Administrator of defined benefit and money purchase plans

Participants

 

Before the latest of the following periods: (1) the period beginning with the first day of the plan year preceding the plan year in which the participant reaches age 32 and ending with the end of the plan year preceding the plan year in which the participant reaches age 35;
(2) a reasonable period of time after the end of the subsidization of a survivor benefit with respect to a participant by the plan;
(3) a reasonable period of time after an individual becomes a plan participant;
(4) a reasonable period of time after the survivor benefit provisions of the Code become applicable to a participant;
(5) a reasonable period of time after separation from service in the case of a participant who separates from service before age 35

Explanation for participant concerning a qualified preretirement survivor annuity

None prescribed

Administrator of defined benefit and money purchase plans

Participants

 

At least 30 days, but not more than 60 days, in advance of the last date on which the participants and beneficiaries could exercise their affected rights immediately before the commencement of any blackout period

Notice of blackout period during which participants' and beneficiaries' rights to direct or diversify investments in their accounts or to obtain a loan or receive a distribution under the plan would be temporarily suspended, limited, or restricted for more than 3 consecutive business days

None prescribed

Administrators of individual account plans, except one-participant retirement plans

All affected participants and beneficiaries
Issuer of any employer securities held by the plan that is subject to the blackout period

 

At least 30 days, but not more than 60 days prior to effective date of change

Blackout notice concerning a qualified change in investment options, containing comparison of existing and new investment options and description of default investments that will be made absent contrary instructions from participants or beneficiaries

None prescribed

Administrators of individual account plans, except one-participant retirement plans

All affected participants and beneficiaries

 

Within 15 months from the end of the month in which organization was established; however, automatic extension if organization files Form 1024 within 12 months after such 15-month period

Application for recognition of tax exemption

1024

Plan administrator or trustee of voluntary employees' beneficiary association (VEBA) or supplemental unemployment compensation benefits (SUB) trust

Internal Revenue Service

 

No later than the earlier of: (1) either 90 days from the date on which the covered employee or spouse first becomes covered under the plan, or if later, the date on which the plan first becomes subject to the continuation coverage requirements, or (2) the first date on which the administrator is required to furnish an election notice to the employee, spouse, or dependent, beginning with the date on which the covered employee or spouse first becomes covered under the plan

General notice of rights to continued group health coverage

None prescribed

Plan administrator of group health plan, except for employers that have fewer than 20 employees during the preceding year

Covered employees and spouses

 

Within 30 days after an employee's death, termination of employment or reduction in hours, Medicare eligibility or bankruptcy proceeding of an employer

Notice of qualifying event  relating to continued group health coverage

None prescribed

Employer maintaining group health plan subject to continued group health coverage rules

Plan administrator

 

Within 60 days after divorce, legal separation, or a child ceasing to be a dependent. The 60-day period begins to run from the latest of (1) the date of the qualifying event, (2) the date on which there is a loss of coverage, or (3) the date on which the qualified beneficiary is informed, through the plan’s SPD or the general COBRA notice, of his or her obligation to provide notice and the procedures for providing such notice

Notice of qualifying event  relating to continued health coverage

None prescribed

Covered employee or qualified beneficiary

Plan administrator

 

Not later than 14 days after receipt of the notice of qualifying event

Notice of right to elect continuation coverage

None prescribed

Qualified beneficiary

Plan administrator

 

Not later than 24 months after the date of cessation of coverage  and upon request

Certificate of creditable coverage

None prescribed

Group health plan and each health insurance issuer offering health insurance coverage under the plan

Employees and dependents who  lose coverage or upon request when coverage ceases, when coverage under COBRA continuation provisions ceases, and upon request,

 

If applicable materials are not distributed, the notice must be provided by the earliest date following a request for enrollment that the plan or issuer can provide the notice

General notice of preexisting condition exclusion

None prescribed
As part of any written application materials distributed by the plan or issuer for enrollment.

Group health plan or health insurance issuer if plan contains a preexisting condition exclusion

Participants and covered dependents

 

By the earliest date following a determination of creditable coverage that the plan or issuer can provide the notice

Individual notice of period of preexisting condition exclusion

None prescribed

Group health plan or health insurance issuer

Participants and covered dependents, upon whom a preexisting condition exclusion is imposed,

 

At or before the time a participant is initially offered the opportunity to enroll in a group health plan

Notice of special enrollment rights

None prescribed

Group health plan

Participants

 

Not less than 10 days nor more than 24 days before the date the application is made

Notice to interested parties of application for determination of qualified status of plan

None prescribed

Employer sponsoring, or administrator of, pension, profit-sharing, or stock bonus plan, and annuity plan

Generally, current employees who are eligible to participate in the plan and all other current employees whose principal place of employment is the same as that of the eligible employees

No later than 30 days after the sponsor determines that the plan is or may become insolvent (notice to participants and beneficiaries in pay status can be delivered concurrently with the first benefit payment made more than 30 days after the determination of insolvency)

Notice of insolvency

None prescribed

Sponsor of multiemployer defined benefit plan in reorganization

PBGC, employers required to contribute to plan, employee organizations representing plan participants, and participants and beneficiaries

 

No later than 60 days before the beginning of the insolvency year, except that if the insolvency determination is made fewer than 120 days before the beginning of the insolvency year, the notices should be furnished within 60 days after the date of the determination

Notice of insolvency benefit level

None prescribed

Sponsor of multiemployer defined benefit plan in reorganization

Pension Benefit Guaranty Corporation, participants and beneficiaries who are in pay status or are reasonably expected to enter pay status during the insolvency year
(The notice does not have to be delivered to contributing employers, employee organizations representing plan participants, and participants and beneficiaries not in pay status for an insolvency year immediately following the plan year in which a notice of insolvency was required to be delivered if the notice was in fact delivered)

 

Within 90 days after sponsor notifies electing employer of its withdrawal liability

Notice of election to contest certain withdrawal liability findings by plan sponsor through arbitration proceeding or court action without having to pay the withdrawal liability

None prescribed

Electing employer

Sponsor of multiemployer defined benefit plan

 

No later than 30 days before the first date on which the participants or beneficiaries become eligible to divest employer securities

Notice of right to divest investments in employer securities and of the importance of investment diversification

None prescribed

Administrators of 401(k) plans and other participant-directed defined contribution plans (except certain ESOP plans and one-participant retirement plans)

Participants who have completed 3 years of service or beneficiaries of participants

 

Before the initial provision of investment advice, and during the provision of advisory services, at least annually, at a time reasonably contemporaneous to any material change to provided information, or upon request

Notice of information relating to the provision of investment advice about securities or other property offered as an investment option

None prescribed

Fiduciary adviser

Participants and beneficiaries of 401(k) plans and other defined contribution plans who direct the investments in their plan accounts, and beneficiaries of IRAs, HSAs, MSAs, and ESAs

 

 (1) at least 30 days before the date of plan eligibility, or at least 30 days before the first investment in a qualified default investment alternative, or (2) on or before the date of plan eligibility, provided participant has opportunity to make withdrawals authorized under Code Sec. 414(w); at least 30 days before each subsequent plan year; and initial advance or annual notice may be distributed with SPD or other materials provided to participants and beneficiaries

Notice of participants' rights and obligations concerning how contributions and earnings will be invested and information about default investment procedures

None prescribed

Fiduciary of individual account plan that permits participants to exercise control over the investment of the assets in their accounts

Participants or beneficiaries

 

At least 30 days and no more than 90 days before the beginning of each plan year, or in the case of an employee who becomes eligible after the 90th day before the beginning of the plan year, no more than 90 days before the employee becomes eligible and no later than the date the employee becomes eligible)

Notice of employee’s rights and obligations under a design-based safe harbor for satisfying the ADP and ACP tests

None prescribed

Sponsor of 401(k) plan that has a contribution safe harbor

Eligible employees

 

At least 30 days and no more than 90 days before the beginning of each plan year, or in the case of an employee who becomes eligible after the 90th day before the beginning of the plan year, generally no more than 90 days before the employee becomes eligible and no later than the date the employee becomes eligible)

Notice of employee’s rights and obligations under a qualified automatic contribution arrangement (alternative safe harbor for satisfying the ADP and ACP tests) or under an eligible automatic contribution arrangement

None prescribed

Sponsor and administrator of 401(k) plans that have qualified automatic enrollment arrangements, or of 401(k), 403(b), or 457(b) plans, SARSEPs, or SIMPLE plans that have eligible automatic contribution arrangements

Eligible employees

 

Immediately before eligible employees’ annual or initial 60-day election period (i.e., 60-day period immediately preceding the beginning of the calendar year, or 60-day period that includes either the date an employee becomes eligible or the day before that date)

Notice of employee’s rights and obligations concerning an automatic contribution arrangement

None prescribed

Small employer maintaining SIMPLE IRA that has automatic contribution arrangement

Eligible employees

 

Within a reasonable time before each plan year (applicable to plan years beginning after 12/31/2009)

Notice of employee’s rights and obligations concerning an automatic contribution arrangement

None prescribed

Administrator of DB/K plan of which the 401(k) portion has an automatic enrollment and contribution arrangement

Eligible employees

 

Before the transfer (the rules regarding collectively bargained transfers will not apply to transfers made after 12/31/13)

Notice of designating a transfer of excess pension assets to a retiree health benefits account as a collectively bargained transfer

None prescribed

Employer maintaining defined benefit plans (other than multiemployer plans)

Each employee organization that is a party to the collective bargaining agreement

 

Following the 60-day grace period after the due date of the missed installment or other payment

Notice of failure to make installment or other payment required to meet the minimum funding standard

None prescribed

Employer of single-employer defined benefit plan that fails to make the required payment before the 60 th day following the due date for the payment

Each participant, beneficiary, or alternate payee

 

Promptly upon receipt of the order; and within a reasonable period after receipt of the order, the determination of the status of the DRO

Notice of receipt of domestic relations order (DRO) and procedures for determination of qualified status of order; also notice of determination

None prescribed

Administrators of qualified defined benefit and defined contribution plans in which employees participate (also 403(b) plans)

Participant and each alternate payee

 

Anytime

Certification of intent to adopt a pre-approved plan

8905

Adopter of individually designed plan or pre-approved plan (not otherwise entitled to the 6-year remedial amendment cycle)

Internal Revenue Service as attachment to Form 5300, 5307, or 5310

 

Within 30 days after due date of Form 5500

Summary plan information about contributing employers, participants, funding status of plan, plan assets and liabilities (when there has been plan merger), plan’s contribution schedules and benefit formulas, and entitlement to additional plan documents

None prescribed

Administrators of multiemployer plans

Employee organizations and contributing employers

 

Within 30 days after written request is received

Actuarial and financial information upon written request

None prescribed

Administrator of multiemployer plan

Participants, beneficiaries, employee representative, and contributing employer requesting such information

 

Within 180 days after request is made

Notice of potential withdrawal liability

None prescribed

Sponsor or administrator of multiemployer plan

Contributing employer requesting such information

 

Within 2 months after end of month that administrator winds up affairs of plan and distributes benefits

Special terminal report for abandoned individual account plan

Most recent Form 5500 available as of the date qualified termination administrator winds up affairs of plan and distributes benefits

Qualified termination administrator

Employee Benefits Security Administration, Lawrence, KS

 

No later than 2 months after end of month that administrator winds up affairs of plan and distributes benefits

Final notice for abandoned individual account plan

None prescribed

Qualified termination administrator

Office of Enforcement, Employee Benefits Security Administration

 

Within 30 days of plan becoming subject to limits on unpredictable contingent event benefits and accelerated benefit distributions

Notice of plan becoming subject to limits on benefits and distributions

None prescribed

Administrator of single-employer defined benefit plan

Participants and beneficiaries (except those in pay status who would not be eligible for lump-sum payment regardless of imposition of funding-based restriction)

 

Within 30 days after the plan becomes subject to a restriction of unpredictable contingent event benefits and accelerated benefits; for plans with limits on benefit accruals, the valuation date for the plan year in which the AFTAP for the plan is less than 60% (or if earlier, the date the percentage is deemed to be less than 60% under ERISA Sec. 206(g)(7); and other times as may be determined by the Treasury Secretary

Notice of plan experiencing a severe funding shortfall and becoming subject to limits on shutdown benefits and other unpredictable contingent event benefits, accelerated benefit distributions, and/or benefit accruals

None prescribed

Administrator of single-employer defined benefit plan

Participants and beneficiaries (except those in pay status who would not be eligible for lump-sum payment regardless of imposition of funding-based restriction)

 

No later than 90th day of each plan year (sunsets for plan years beginning after 2014 for new certifications, but continues to apply to plans already in endangered or critical status at end of 2014)

Certification of whether plan is in endangered, or is or will be in critical status for plan year (also, whether plan is making scheduled progress if plan was previously certified as endangered or critical and is in funding improvement or rehabilitation period)

None prescribed

Actuary for multiemployer defined benefit plan in effect July 16, 2006

Internal Revenue Service and plan sponsor

 

Within 30 days after date that plan actuary certifies that plan is or will in endangered or critical status for plan year

Notice of plan’s status and explanation of possibility that adjustable benefits may be reduced

None prescribed

Sponsor of multiemployer defined benefit plan in effect July 16, 2006

Participants, beneficiaries, contributing employers, employee representatives, PBGC, and Department of Labor

 

Within 30 days of adoption of funding improvement plan

Schedule(s) showing revised benefit and/or contribution structures which, if adopted, might reasonably be expected to allow endangered plan to achieve applicable funding benchmarks

None prescribed

Sponsor of endangered multiemployer defined benefit plan in effect July 16, 2006

Contributing employers and employee representatives

 

Within 30 days of adoption of rehabilitation plan

Schedule(s) showing revised benefit and/or contribution structures which, if adopted, might reasonably be expected to allow critical plan to emerge from critical status]

None prescribed

Sponsor of multiemployer defined benefit plan in critical status and in effect July 16, 2006

Contributing employers and employee representatives

 

30 days before reduction of adjustable benefits

Notice of reduction of adjustable benefits

None prescribed

Sponsor of multiemployer defined benefit plan in critical status and in effect July 16, 2006

Participants, beneficiaries, contributing employers, and employee representatives

 

Within 14 days prior to the date of submission of the application of extension

Notice of application for an extension of the amortization period for unfunded liability

None prescribed

Sponsor of a multiemployer pension plan or authorized representative

Each employee organization representing participants, contributing employer, participant, beneficiary, and alternate payee