2014 Filing and Notice Deadlines for Qualified Retirement and Health and Welfare Plans

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Author, Ryan Gorman, Atlanta, +1 404 572 4609, rgorman@kslaw.com.

Employers and plan sponsors must comply with numerous filing and notice deadlines for their retirement and health and welfare plans. Failure to comply with these deadlines can result in costly penalties and excise taxes. To avoid such penalties and excise taxes, employers must remain informed with respect to the filing and notice deadlines associated with their plans.

The filing and notice deadline table below provides key 2014 filing and notice deadlines common to calendar year plans. Please note that the deadlines will be different if your plan year is not the calendar year. Please also note that the table does not include all applicable filing and notice deadlines, just the most common ones. King & Spalding is happy to assist you with any questions you may have regarding compliance with the filing and notice requirements for your employee benefit plans.

Deadline

Item

Action

Affected Plans

January 31

IRS Form 945

Deadline for employer to file IRS Form 945 to report income tax withheld from qualified plan distributions made during the prior plan year. However, the deadline may be extended to February 11 if taxes were timely deposited during the prior plan year.

 

Qualified Retirement Plans*

IRS Form 1099-R

Deadline for employer to distribute IRS Form 1099-R to participants and beneficiaries who received a distribution (including a direct rollover) during the prior plan year. This includes a direct rollover from a Qualified Retirement Plan.

 

Qualified Retirement Plans

IRS Form W-2

Deadline for employers to distribute Form W-2, which must reflect aggregate value of employer-provided employee benefits (e.g., imputed income for group-term life insurance, employer Health Savings Account Contributions, etc.).
 

Health and Welfare Plans

Cycle C Determination Letter Applications

Deadline for employers having Taxpayer Identification Numbers ending in 3 or 8 to apply for an IRS determination letter with respect to their Qualified Retirement Plans.
 

Qualified Retirement Plans

February 14 (within 45 days after the close of the fourth quarter of previous plan year)

Quarterly Benefit Statements for Participant-Directed Plans

Deadline for plan administrator to send quarterly benefit statement for the fourth quarter of previous plan year to participants in participant-directed defined contribution plans.

 

Defined Contribution Plans that allow participants to direct investments

Quarterly Fee Disclosure

Deadline for plan administrator to disclose fees and administrative expenses deducted from participant accounts during the fourth quarter of the previous plan year. Note that the quarterly fee disclosure may be included in the quarterly benefit statement or as a stand-alone document.
 

February 25

2013 Comparative Chart of Investment Alternatives

Deadline for plan administrator to furnish the 2013 comparative chart of investment alternatives (originally required to be furnished by August 30, 2013), if plan administrator took advantage of a one-time delay to align the timing with that of other plan enrollment materials.
 

Defined Contribution Plans with participant-directed investments

February 28 (if filing paper forms)

 

IRS Form 1099-R

Deadline for employer to file IRS Form 1099-R. If the form is filed electronically, the deadline can be extended until April 1.

 

Qualified Retirement Plans

February 28 (end of the 2nd month of the plan year)

Pension Benefit Guaranty Corporation (PBGC) Form 1-ES

Deadline for plan administrator with 500 or more participants on the last day of the plan year preceding the PBGC premium payment to file Form 1-ES and pay an amount equal to at least 90% of the flat rate premium paid in the prior plan year.

 

Defined Benefit Plans

March 1
(60 days after the beginning of the plan year)

Medicare Part D Creditable Coverage Disclosure

Deadline for employers that provide prescription drug coverage to Medicare Part D eligible individuals to disclose to the Centers for Medicaid and Medicare Services (CMS) whether the coverage is “creditable prescription drug coverage” by completing the Online Disclosure to CMS Form at https://www.cms.gov/Medicare/Prescription-Drug-Coverage/CreditableCoverage/CCDisclosureForm.html

 

Health and Welfare Plans that provide prescription drug coverage to Medicare Part D eligible individuals

March 15
(2 ½ months after the plan year)
 

Excess Contributions

Deadline for plan administrator to distribute any excess contributions and earnings from the prior year to avoid 10% excise tax on employer (other than eligible automatic contribution arrangements (EACAs)).

401(k) Plans Other Than EACAs

March 31
(last day of 3rd month following the end of the prior plan year)
 

Certification of Adjusted Funding Target Attainment Percentage (AFTAP)

Deadline for actuary to certify AFTAP to avoid presumption that AFTAP is 10 points less than prior year AFTAP.

Defined Benefit Plans

April 1

Notification of Age 70 ½ Distribution Requirements (RMD)

Deadline for plan administrator 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

April 15

Excess Deferrals

Deadline for plan to distribute prior year’s deferrals in excess of Internal Revenue Code (IRC) §402(g) annual dollar limit and related earnings.
 

401(k) Plans

April 15
(105 days after the end of the plan year)

PBGC 4010 Filing

Deadline for contributing sponsors (and each controlled group member) to file PBGC Form 4010 if:
1) Any single-employer plan in the contributing sponsor’s controlled group had a prior year AFTAP of less than 80%;
2) Any single-employer plan in the contributing sponsor’s controlled group fails to make a required installment or other required payments to a plan, and as a result, a lien is imposed pursuant to ERISA section 303(k)(1) or IRC section 430(k)(1); or
3) The IRS has granted funding waivers of more than $1 million to any single-employer plan in the contributing sponsor’s controlled group and any portion of such waiver is still outstanding.
 

Defined Benefit Plans

April 30
(no later than 120 days after the end of the plan year)
 

Annual Funding Notice

Deadline for the plan administrator to provide a plan funding notice to the PBGC, to each plan participant and beneficiary and to each employer that has an obligation to contribute under the plan.

Defined Benefit Plans

May 14 (within 45 days after the close of the first quarter of  plan year)

Benefit Statements for Participant-Directed Plans

Deadline for plan administrator to send benefit statement for the first quarter of the plan year to participants in participant-directed defined contribution plans.

 

Defined Contribution Plans that allow participants to direct investments

Quarterly Fee Disclosure

Deadline for plan administrator to disclose fees and administrative expenses deducted from participant accounts during the first quarter of the plan year. Note that the quarterly fee disclosure may be included in the quarterly benefit statement or as a stand-alone document.
 

May 15
(the 15th day of the 5th month after the end of the plan year)

IRS Forms 990 and 990-EZ

Deadline for tax-exempt trusts associated with qualified retirement plans and voluntary employee beneficiary associations (VEBAs) to file Forms 990 or 990-EZ with the IRS for prior year. A 3-month extension may be obtained by filing a Form 8868, which must be filed by this date.

Qualified Retirement Plans

Voluntary Employee Beneficiary Associations
 

June 30
(last day of 6th month following the plan year)
 

Excess Contributions

Deadline for plan administrator to distribute EACA excess contributions and earnings from the prior year to avoid 10% excise tax.

401(k) Plans with EACA

July 29 (no later than 210 days after the end of the plan year in which the change was effective)

Summary of Material Modifications

Deadline for plan administrator to distribute summary of material modifications reflecting any changes to the summary plan description (SPD) arising from any plan amendments adopted during prior year (unless a revised SPD is distributed that contains the modification).

 

Retirement Plans

Health & Welfare Plans

July 31

(the last day of the 7th month following the plan year)

DOL Form 5500

Deadline for plan administrator to file Form 5500 (Annual Return/Report of Employee Benefit Plan) for prior year. This deadline is extended 2 ½ months if the plan administrator files Form 5558.

 

Retirement Plans

Health and Welfare Plans

IRS Form 8955-SSA

Deadline for plan administrator to file Form 8955-SSA (Annual Registration Statement Identifying Separated Participants with Deferred Vested Benefits). This deadline is extended by 2 ½ months if the plan administrator files a Form 5558. 

Retirement Plans

August 14 (within 45 days after the close of the second quarter of plan year)

Benefit Statements for Participant-Directed Plans

Deadline for plan administrator to send benefit statement for the second quarter of the plan year to participants in participant-directed defined contribution plans.

 

Defined Contribution Plans with participant-directed investments

Quarterly Fee Disclosure

Deadline for plan administrator to disclose fees and administrative expenses deducted from participant accounts during the second quarter of the plan year. Note that the quarterly fee disclosure may be included in the quarterly benefit statement or as a stand-alone document.
 

August 15
(the 15th day of the 8th month after the end of the plan year)

IRS Forms 990 and 990-EZ

Deadline for tax-exempt trusts associated with qualified retirement plans and voluntary employee beneficiary associations (VEBAs) to file Forms 990 or 990-EZ with the IRS for prior year if the trustee obtained a 3-month extension by filing a Form 8868.

Qualified Retirement Plans

Voluntary Employee Beneficiary Associations
 

August 30

Comparative Chart of Investment Alternatives

Deadline for plan administrator to furnish the 2014 comparative chart of investment alternatives, unless plan administrator takes advantage of a one-time delay to align the timing with that of other plan enrollment materials. Note that the plan administrator may take advantage of the delay in 2013 or 2014, but not in both years.
 

Defined Contribution Plans with participant-directed investments

September 15
(8 ½ months after the end of the plan year)

Minimum Contribution Deadline

Deadline for plan administrator to contribute balance of minimum contributions necessary to avoid a funding deficiency.

 

Defined Benefit Plans

September 22

Updated Business Associate Agreements (BAA)

Deadline to amend grandfathered BAAs to comply with the HIPAA compliance rules published January 25, 2013.

A grandfathered BAA was entered into before January 25, 2013 and was not renewed or modified from March 26, 2013 to September 23, 2013.  Note that if the grandfathered BAA is renewed or modified on or after September 23, 2013, it must be amended at the date of such renewal or modification.
 

Grandfathered BAAs associated with Health & Welfare Plans

September 30 (within 9 months of the end of the plan year)

Summary Annual Report (SAR)

Deadline for plan administrator to distribute Summary Annual Report for prior year to participants and beneficiaries.  This deadline may be extended until 2 months following the close of the extension period for filing a Form 5500, if applicable.

Defined Contribution Plans

Health & Welfare Plans (unfunded welfare plans are exempt)
 

September 30
(last day of the 9th month following the end of the prior plan year)
 

Certification of Adjusted Funding Target Attainment Percentage (AFTAP)

Deadline for actuary to certify AFTAP to avoid presumption that AFTAP is less than 60%.

 

Defined Benefit Plans

October 14

Medicare Part D Creditable Coverage Notice to Individuals

Deadline for employers that provide prescription drug coverage to Medicare Part D eligible individuals to provide a written disclosure notice to Medicare eligible individuals and their dependents covered under the plan indicating whether their prescription drug coverage is creditable coverage.
 

Health and Welfare Plans that provide prescription drug coverage to Medicare Part D eligible individuals

October 15
(2 ½ months after extension granted)

DOL Form 5500

Deadline for plan administrator to file Form 5500 for prior year if deadline was extended by filing a Form 5558.

Retirement Plans

Health and Welfare Plans

IRS Form 8955-SSA

Deadline for plan administrator to File Form 8955-SSA if deadline was extended by filing a Form 5558. 
 

Retirement Plans

October 15
(9 ½ months after the previous plan year)

PBGC Premium Filing

Deadline for large plans (500 or more participants) to pay variable PBGC premium for current plan year or to reconcile Form 1-ES filing.

Defined Benefit Plans with 500 or more participants
 

November 1 (by the first day of open enrollment)

Summary of Benefits and Coverage for Health Plans that Require Reapplication

Deadline for group health plan administrator (for self-insured plans) or group health plan administrator or insurer (for fully insured plans) to provide a Summary of Benefits Coverage (SBC) if written application materials are required for renewal.
 

Group Health Plans and Health Insurance Issuers

November 14
(within 45 days after the close of the third quarter)

Benefit Statements for Participant-Directed Plans

Deadline for plan administrator to send benefit statement for the third quarter of the plan year to participants in participant-directed defined contribution plans.

 

Defined Contribution Plans with participant-directed investments

Quarterly Fee Disclosure

Deadline for plan administrator to disclose fees and administrative expenses deducted from participant accounts during the third quarter of the plan year. Note that the quarterly fee disclosure may be included in the quarterly benefit statement or as a stand-alone document.
 

November 15
(the 15th day of the 11th month after the end of the plan year)

IRS Forms 990 and 990-EZ

Deadline for tax-exempt trusts associated with qualified retirement plans and voluntary employee beneficiary associations (VEBAs) to file Forms 990 or 990-EZ with the IRS for prior year if the trustee obtained a second 3-month extension by filing a Form 8868.

 

Qualified Retirement Plans

Voluntary Employee Beneficiary Associations

November 15

Transitional Reinsurance Report and Fee

 

Deadline for sponsors of self-insured health plans (including retiree plans) to report the number of “covered lives” under the plan. 

Self-insured Health Plans (including retiree plans)

 

December 1 (at least 30 but no more than 90 days before the beginning of the plan year)

Safe Harbor Notice

Deadline for plan administrator to distribute a notice of intent to use a safe harbor formula to participants and beneficiaries. This notice must be provided within a reasonable period of time before the beginning of the plan year.  The regulations provide a safe harbor of not less than 30 days but not more than 90 days before the beginning of the plan year.
 

401(k) and
401(m) Plans

Contingent Safe Harbor Notice

Deadline for plan administrator to distribute a notice to participants and beneficiaries specifying that the plan may be amended during the following plan year to include a 3% employer non-elective safe harbor contribution.
 

401(k) and 401(m) Plans

Auto-Enrollment Notice

Deadline for plan administrator to provide annual auto-enrollment notice for plans with qualified automatic contribution arrangements (QACA) or eligible automatic contribution arrangements (EACA). This notice must be provided sufficiently early so that the employee has a reasonable period of time after receipt to make QACA or EACA elections. The preamble to the regulations notes that this timing requirement is deemed to be satisfied if the notice is given at least 30 days but not more than 90 days before the beginning of each plan year.
 

401(k) Plans with QACA or EACA

December 1 (at least 30 days before the end of the plan year)

Qualified Default Investment Alternative (QDIA) Annual Notice

Deadline for plan administrator to provide annual QDIA notice to participants or beneficiaries.

 

Defined Contribution Plans with participant-directed investments

Safe Harbor Follow-Up Notice

Deadline for plan administrator to distribute a notice to participants and beneficiaries informing them that the 3% employer non-elective safe harbor contribution will be made for the current plan year. This notice may be combined  with the Contingent Safe Harbor Notice for the following plan year.
 

401(k) and 401(m) Plans

December 1
(at least 30 days prior to the first day of the new plan or policy year)
 

Summary of Benefits and Coverage for Health Plans that Automatically  Renew Coverage

Deadline for group health plan administrator (for self-insured plans) or group health plan administrator or insurer (for fully insured plans) to provide a Summary of Benefits Coverage (SBC) if coverage automatically renews each year. 

Group Health Plans and Health Insurance Issuers

December 1 (no later than 30 days before participant becomes eligible to diversify employer stock)
 

Diversification Notice

Deadline for plan administrator to provide diversification notice to participants who will first be eligible to divest employer securities on January 1.

Defined Contribution Plans with participant-directed investments in employer stock

December 15 (2 months after the extension for filing Form 5500)

Summary Annual Report
(SAR)

Deadline for plan administrator to distribute SAR for prior year to participants and beneficiaries, if the IRS granted a 2-month extension for Form 5500 on or before the original Form 5500 deadline.

 

Defined Contribution Plans

December 31
(last day of plan year following plan year for which contributions were made)
 

Correction of Excess Contributions & Excess Aggregate Contributions

Deadline for plan administrator to make corrective employer contributions or distribute excess contributions (ADP test failure) and excess aggregate contributions (ACP test failure) for the prior year.

 

401(k) and
401(m) Plans

December 31
(last day of plan year)

Discretionary Amendments

Deadline for plan sponsor to adopt discretionary plan amendments for calendar-year plans.

 

Qualified Retirement Plans

Adjusted Funding Target Attainment Percentage (AFTAP) Certification

Deadline for actuary to certify a specific AFTAP if a range certification was previously issued.

 

Defined Benefit Plans

December 31 (at least annually)

ERISA §404(c) Disclosures

Deadline for plan administrator to distribute notices to participants and beneficiaries if the employer wants to limit fiduciary liability for participant-directed investment decisions.

 

Defined Contribution Plans with participant-directed investments

Annual Fee Disclosure to Participants

Deadline for plan administrator to make annual disclosure of certain fees for participant directed individual account plans to be provided to participants and beneficiaries.

                                   

Pension Benefit Statements

Deadline for plan administrator of a defined benefit plan using alternative notice for pension benefit statements to notify participants of availability of a pension benefit statement and instructions on how to obtain it.
 

Defined Benefit Plans

December 31
(at least annually as a part of any yearly informational packet)

WHCRA Notice

Deadline for group health plans to distribute Women’s Health and Cancer Rights Act (WHCRA) notice for new plan year to all participants and beneficiaries advising them of available mastectomy benefits under WHCRA and any deductibles and co-insurance limits applicable to such benefits.
 

Health and Welfare Plans

Children’s Health Insurance Program Reauthorization Act (CHIPRA )
Notice
 

Deadline for employer to notify employees of potential opportunities for premium assistance from the state in which the employee resides.

Group Health Plans in states that provide premium assistance under Medicaid or CHIP

December 31

Required Minimum Distributions

Deadline for plan administrator to distribute current year’s required minimum distributions under IRC §401(a)(9).

Qualified Retirement Plans


* Qualified Retirement Plans include all defined benefit and defined contribution plans that are intended to satisfy Code §401(a).