Second Quarter Compliance Calendar for Retirement and Health and Welfare Plans

 
 

HR Alert
March 2014


Employers and plan sponsors must comply with various reporting and notice deadlines for their retirement and health and welfare plans. In order to avoid costly penalties and excise taxes, employers must remain up-to-date with respect to benefit plan reporting and notice deadlines. The calendar below provides second quarter (April - June) key reporting and notice deadlines for calendar year benefit plans (the deadlines are different for a benefit plan with a non-calendar year plan year).  Please note that the calendar does not include all applicable reporting and notice deadlines, just some of the common ones.
 
 
 
Deadline Document/Item Description Plans Affected
April 1 Notification of Age 70 ½ Distribution Requirements (RMD) Deadline for plan to distribute prior year’s required minimum distribution for any terminated employee who reached age 70 ½ or older during the prior year. Qualified Retirement Plans
Deadline for plan to distribute prior year’s required minimum distribution for any active employee who is also a 5% owner and who reached age 70 ½ during the prior plan year.
April 15 Excess Deferrals Deadline for plan to distribute prior year’s deferrals in excess of Internal Revenue Code §402(g) annual dollar limit and related earnings. 401(k) Plans
April 30 Annual Funding Notice Deadline for the plan administrator to provide a plan funding notice to the Pension Benefit Guaranty Corporation (PBGC) and to each plan participant and beneficiary under the plan.  The notice must include (among other information) the Funding Target Attainment Percentage (FTAP) for the current and two preceding plan years. Defined Benefit Plans
May 15 (within
4 1/2 months after the end of the plan year)
Form 990 and 990EZ Deadline for plan administrator to file Form 990 with the IRS.  Form 990 is required for organizations exempt from income tax under Internal Revenue Code Section 501(a) with (i) gross receipts greater than or equal to $200,000, or (ii) total assets greater than or equal to $500,0000 at the end of the tax year.

Employers should file Form 990-EZ for tax exempt organizations with (i) gross receipts of less than $200,000, or (ii) total assets of less than $500,000 at the end of the tax year.

Employers may use Form 8868 to request a 90-day extension.
Health and Welfare Plans (Voluntary Employee Beneficiary Association (VEBA)) Trusts
June 30 (last day of 6th month following the plan year) Excess Contributions Deadline for employer to distribute eligible automatic contribution arrangement (EACA) excess contributions and earnings from the prior year. 401(k) Plans That are EACAs
Other DOL, IRS, ACA Reporting and Notice Deadlines
DOL
Deadline Document/Item Description Plans Affected
On or before the date the participant can first direct investments and annually (at least once in any 12-month period) thereafter Disclosure of Plan Fees and Expenses Deadline for plan administrator to provide annual disclosure of detailed plan and investment-related information. The plan administrator must also provide quarterly statements of fees deducted from individual accounts and disclosure upon request for certain specified investment-related information.
 
First quarterly statement had to be furnished no later than 45 days after the end of the quarter during which annual disclosures were first required (11/14/12 for calendar-year plans). Quarterly statements must be provided at least once in any 3-month period.
Defined Contribution Plans with participant-directed investments
IRS
Not less than 30 nor more than 180 days before the annuity starting date Explanation of Qualified Joint and Survivor Annuity (QJSA) & Qualified Option Survivor Annuity (QOSA) Deadline for notice explaining the terms and conditions of a QJSA and QOSA, including the consequences of failing to defer the commencement of benefits and an explanation of the relative value of other optional benefit forms. Qualified Retirement Plans
Affordable Care Act (ACA)
Annually at reenrollment
 
Prior to enrollment for new enrollees
 
Within seven (7) business days of a request from a participant
Summary of Benefits and Coverage Deadline for plan administrator (for self-insured plans) or plan administrator or insurer (for fully insured plans) to provide a summary of plan benefits coverage and cost-sharing arrangements. Health and Welfare Plans
 
Please note that for purposes of this calendar, “Qualified Retirement Plans” means all defined benefit and defined contribution plans that are intended to satisfy Code Section 401(a).
 
Hamby Benefits Law, LLC recommends that you consult with ERISA legal counsel to assist you with any questions you may have regarding compliance with the second quarter reporting and notice obligations listed above and any other reporting and notice requirements (i.e., COBRA and HIPAA) for your employee benefit plans.

This HR Alert was written by:
 
Anne Tyler Hamby
Employee Benefits Attorney
3525 Piedmont Rd NE
7 Piedmont Center, Suite 300
Atlanta, GA 30305
(678) 949-9264 (office)
(404) 861-7441 (cell)
athamby@hambybenefitslawllc.com
Specializing in retirement plans, health and welfare benefits and executive compensation law

This HR Alert is intended to provide a summary of significant developments to clients and friends.  It is intended to be informational and does not constitute legal advice regarding any specific situation.  This material may also be considered attorney advertising under rules of certain jurisdictions.

 
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