2015 Reporting & Disclosure Calendar for Benefit Plans | Sibson Consulting

2015 Reporting & Disclosure Calendar for Benefit Plans

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Sibson Consulting's 2015 Reporting & Disclosure Calendar for Benefit Plans summarizes compliance requirements for qualified, single-employer benefit plans. To see a brief description of each requirement and information about such details as the plan(s) affected, filing requirements and due dates, click on any item in the gray bars below. (To close a pop-up box, click on the gray title bar.)

An easy-to-print PDF version of the 2015 Reporting & Disclosure Calendar for Benefit Plans is also available on this website.

A paper version of the 2015 Reporting & Disclosure Calendar for Benefit Plans is also available. The content is identical to these online resources, but is presented differently. Please fill out the request form to receive that poster-size publication.

Requirements Introduced by the Affordable Care Act (ACA)1
ITEM & DESCRIPTION
Disclosure of "Grandfathered" Status2 — 26 Code of Federal Regulations (CFR) §54.9815-1251T(a)(2), 29 CFR §2590.715-1251(a)(2) & 45 CFR §147.140(a)(2)
A grandfathered plan must include a statement to that effect in any materials describing benefits provided under plan to alert participants and beneficiaries that certain consumer protections may not apply. Sample language is available from Department of Labor (DOL).
PLANS AFFECTED? Grandfathered group health plans
SENT TO/
FILED WITH?
Sent to participants and beneficiaries receiving benefits. No filing requirement
SENT BY? Plan administrator or health insurer
WHEN DUE? Notice must be provided in any materials describing benefits.

2 “Grandfathered plans” are those in existence when the ACA was enacted on 3/23/10, which have not made benefit or employee contribution changes that result in the loss of grandfather status. 

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Disclosure of Patient Protections: Choice of Providers — 26 CFR §54.9815-2719AT(a)(4),29 CFR §2590.715-2719A(a)(4) & 45 CFR §147.138(a)(4)
A non-grandfathered plan that requires designation of a primary care provider (PCP) must provide notice of right to choose a PCP, pediatrician or network provider specializing in obstetrical or gynecological care. Notice must be included with summary plan description (SPD) or other description of benefits. Sample language is available from DOL.
PLANS AFFECTED? Non-grandfathered group health plans
SENT TO/
FILED WITH?
Sent to participants. No filing requirement
SENT BY? Plan administrator or health insurer
WHEN DUE? Notice must be provided with SPD or other similar description of benefits.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Summary of Benefits and Coverage (SBC) — ACA §1001(5) & 26 CFR §54.9815-2715, 29 CFR §2590.715-2715 & 45 CFR §147.200
Plans must provide a summary, not to exceed four double-sided pages, of plan benefits, coverage and cost-sharing arrangements, including exceptions, reductions, limitations and continuation of coverage information. This notice must be provided in addition to all other notices — SPD, Summary of Material Modifications (SMM) and Summary of Material Reduction in Covered Services/Benefits (SMR).
PLANS AFFECTED? Group health plans and health insurance issuers
SENT TO/
FILED WITH?
Sent to participants and beneficiaries. No filing requirement
SENT BY? Plan administrator or health insurer
WHEN DUE? Annually with open enrollment materials or, if plan does not conduct open enrollment, 30 days prior to start of plan year. Must also provide prior to enrollment for new enrollees and within seven business days of a request from a participant or beneficiary

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Notice of Change to SBC — ACA §1001(5) & 26 CFR §54.9815-2715(b), 29 CFR §2590.715–2715(b) & 45 CFR §147.200(b)
Plans must provide advance notice of any mid-year material modification in an SBC.
PLANS AFFECTED? Group health plans and health insurance issuers
SENT TO/
FILED WITH?
Sent to participants and beneficiaries. No filing requirement
SENT BY? Plan administrator, health insurer or plan sponsor
WHEN DUE? If a health plan makes any material modification in any terms of plan that affects content of SBC and takes effect in middle of a plan year, plan or issuer must provide notice of modification not later than 60 days prior to date on which modification will become effective.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Notice of Rescission — 26 CFR §54.9815-2712T, 29 CFR §2590.715-2712 & 45 CFR §147.128
Plans must provide advance written notice of retroactive termination of coverage due to fraud or intentional misrepresentation of material facts by participant.
PLANS AFFECTED? Group health plans and health insurance issuers
SENT TO/
FILED WITH?
Sent to participants and beneficiaries. No filing requirement
SENT BY? Plan administrator, health insurer or plan sponsor
WHEN DUE? Written notice must be provided at least 30 days before coverage may be retroactively terminated.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Notice to Employees of Coverage Options — Fair Labor Standards Act (FLSA) §18B (added by ACA §1512)
Employer must provide new employees with notice about health insurance marketplaces and their options for health coverage. A sample notice is available from DOL.
PLANS AFFECTED? Employers subject to FLSA
SENT TO/
FILED WITH?
Sent to new employees whether enrolled in employer’s group health plan or not. No filing requirement
SENT BY? Employer
WHEN DUE? Written notice must be provided to new hires within 14 days of employee’s start date. (All then-current employees should have received this notice by 10/1/13.)

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Transitional Reinsurance Fee — ACA §1341
Contributing entities pay fees to fund a temporary transitional reinsurance program to help stabilize insurance premiums in individual market through 2016.
PLANS AFFECTED? Self-insured group health plans providing major medical coverage (insurer reports and pays for insured group coverage). Self-insured, self-administered plans that meet HHS standard are exempt for 2015 and 2016.
SENT TO/
FILED WITH?
Register on Pay.gov and prepare “ACA Transitional Reinsurance Program Annual Enrollment and Contributions Submission Form,” which transmits enrollment count to HHS and sets payment date for Automated Clearing House (ACH) debit.
SENT BY? Plan sponsor or plan administrator
WHEN DUE? Pay.gov registration and submission of form and supporting documentation were due by 11/17/14. Payments are due in two parts, by 1/15/15 and 11/15/15.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Patient-Centered Outcomes Research Institute (PCORI) Fee — 26 CFR §46.4376-1
Plans and insurers pay fees to fund PCORI, which will fund research projects in area of evidence-based medicine with goal to advance quality of care. Sunsets in 2019
PLANS AFFECTED? Self-insured group health plans (insurer reports and pays for insured group coverage)
SENT TO/
FILED WITH?
File with Internal Revenue Service (IRS) (Form 720)
SENT BY? Plan sponsor or plan administrator
WHEN DUE? 7/31 of calendar year that immediately follows last day of plan year to which fees apply. For example, for a non-calendar-year plan ending on 9/30, fees are due next 7/31.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Wellness Program Notice of Availability of Reasonable Alternative Disclosures — 26 CFR §54.9802-1(f), 29 CFR §2590.702(f) & 45 CFR §146.21(f)
Plans must disclose in all plan materials that describe health-contingent wellness programs availability of a reasonable alternative standard to qualify for wellness program’s reward. Sample language is available.
PLANS AFFECTED? Group health plans and health insurance issuers
SENT TO/
FILED WITH?
Include in all plan materials describing terms of wellness program
SENT BY? Plan administrator or health insurer
WHEN DUE? Include in SPD, enrollment materials and other materials describing terms of wellness program

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

Department of Health & Human Services (HHS) Requirements
ITEM & DESCRIPTION
Health Insurance Portability and Accountability Act (HIPAA) Notice of Privacy Practices for Protected Health Information (PHI) — HHS Reg. §164.520
Notice to participants describing their rights, plan’s legal duties with respect to PHI and plan’s uses and disclosures of PHI
PLANS AFFECTED? Group health plans
SENT TO/
FILED WITH?
Sent to participants. No filing requirement
SENT BY? Plan administrator
WHEN DUE? At enrollment and when there is a material revision to notice. Notice of material revision must generally be provided within 60 days of revision. However, plans that post information about revision (or a revised notice) prominently on their website by effective date of revision do not have to provide individual notice of revision (or revised notice) until plan’s next annual mailing. Every three years, plan must notify covered individuals that a Notice of Privacy Practices is available and how to obtain it.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Breach Notification for Unsecured PHI under HITECH Act3 — HHS Reg. §164.400 et seq.
Notice to participants with respect to unauthorized acquisition, access, use or disclosure of unsecured PHI. Notice must include description of what happened, description of information involved, steps individuals should take to protect themselves from potential harm resulting from breach, brief description of investigation and mitigation steps, and contact information.
PLANS AFFECTED? Group health plans as well as other “covered entities” under HIPAA and their business associates
SENT TO/
FILED WITH?
Sent to each affected individual by first-class mail at individual’s last known address. E-mail permitted only if individual specifically authorizes. Filed with HHS and prominent media outlets for breaches involving more than 500 individuals (contemporaneous with participant notice). Filed with HHS annually for breaches involving fewer than 500 individuals
SENT BY? Plan administrator
WHEN DUE? Within 60 days of discovery of breach
3 The HITECH Act, enacted as part of the American Recovery and Reinvestment Act of 2009, imposes notification requirements on covered entities, business associates, vendors of personal health records and related entities in the event of certain security breaches relating to PHI. 

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Notice of Creditable Coverage — 42 United States Code (USC) §1395w-113(b)(6) & Public Health Service Act (PHSA) Reg. §§423.56 & 423.884
Written notice stating whether a group health plan’s prescription drug coverage is, on average, at least as good as standard prescription drug coverage under Medicare Part D. A sample notice is available from Centers for Medicare & Medicaid Services (CMS).
PLANS AFFECTED? Group health plans that provide prescription drug coverage to Part D-eligible individuals, except entities that contract with or become a Part D plan
SENT TO/
FILED WITH?
Sent to participants and beneficiaries eligible for Part D. No filing requirement
SENT BY? Plan sponsor
WHEN DUE? Notice must be provided (1) prior to annual Part D open enrollment period (10/15/15–12/7/15); (2) prior to individual’s initial enrollment period for Part D; (3) prior to effective date of coverage for any Part D-eligible individual who joins plan; (4) when plan no longer offers drug coverage or when coverage changes so it is no longer creditable; and (5) upon request by individual. If plan provides notice to all participants annually, CMS will consider #1 and #2 to be met. “Prior to” means within past 12 months.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Creditable Coverage Disclosure Notice to Centers for Medicare & Medicaid Services (CMS) — 42 USC §1395w-113(b)(6) & PHSA Reg. §423.56(e)
Written disclosure to CMS stating whether a group health plan's prescription drug coverage is, on average, at least as good as standard prescription drug coverage under Medicare Part D
PLANS AFFECTED? Group health plans that provide prescription drug coverage to Part D-eligible individuals, except entities that contract with or become a Part D plan. Plans approved for Retiree Drug Subsidy (RDS) are exempt from providing notice with respect to retirees for whom plan is claiming subsidy.
SENT TO/
FILED WITH?
No participant reporting requirement. Filed with CMS through online form
SENT BY? Plan sponsor
WHEN DUE? Annually, 60 days after beginning of plan year. Also, within 30 days of termination of plan’s prescription drug coverage or after change in creditable status of plan

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Application for Retiree Drug Subsidy (RDS) & Attestation of Actuarial Equivalence — 42 USC §1395w-132 & PHSA Reg. §423.884
RDS is available to group health plans that have retiree drug coverage that is actuarially equivalent to Medicare Part D coverage. Subsidy is available for each retiree (or spouse or dependent) who is eligible for, but not enrolled in, Part D. Application and attestation must be complete by deadline below. List of retirees for whom plan may receive a subsidy must also be submitted in a timely manner to complete application. Additional cost submissions are required to receive subsidy payment along with a final reconciliation due 15 months after end of RDS plan year.
PLANS AFFECTED? Group health plans that provide retiree drug coverage and are applying for RDS under Medicare Modernization Act of 20034
SENT TO/
FILED WITH?
No participant reporting requirement. Filed with CMS through online RDS system.
SENT BY? Plan sponsor
WHEN DUE? Subsidy application, initial retiree list and attestation must be submitted annually, at least 90 days prior to start of plan year (e.g., for plan years beginning 4/1, new application and new attestation must be completed by 1/1). Attestation must also be provided no later than 90 days before a material change to drug coverage that potentially causes plan to no longer be actuarially equivalent. Reconciliation must be completed within 15 months after end of plan year.

4 Medicare Modernization Act of 2003 is an abbreviation used by CMS for Medicare Prescription Drug, Improvement and Modernization Act of 2003. 

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Medicare Secondary Payer (MSP) Data Reporting Requirements under Medicare, Medicaid and State Children’s Health Insurance Program (CHIP) Extension Act of 2007 42 USC §1395y(b)(7)
Report information about certain participants and beneficiaries who are also Medicare enrollees for purpose of enforcing MSP rules. Penalty is $1,000 for each day of noncompliance.
PLANS AFFECTED? Group health plans and Health Reimbursement Arrangement (HRA) coverage that reflects an annual benefit level of $5,000 or more
SENT TO/
FILED WITH?
No participant reporting requirement. Filed with CMS
SENT BY? Insurers and third-party administrators (TPAs). For self-insured, self-administered group health plans, plan administrator or plan fiduciary
WHEN DUE? All plans should already be registered and reporting.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

DEPARTMENT OF LABOR (DOL) REQUIREMENTS
ITEM & DESCRIPTION
Summary Plan Description (SPD) — Employee Retirement Income Security Act (ERISA) §§102 & 104(b), DOL Reg. §§2520.102-2,3 & 2520.104b-2
Summary of plan provisions and certain standard language as required by ERISA
PLANS AFFECTED? All employee benefit plans subject to Title I of ERISA
SENT TO/
FILED WITH?
Sent to participants, retirees and beneficiaries. No filing requirement. See “Plan Documents
SENT BY? Plan administrator
WHEN DUE? For new plans, 120 days after plan’s effective date; for amended plans, once every five years; for all other plans, once every 10 years. To new participants, within 90 days of becoming a participant; to beneficiaries receiving benefits under pension plan, within 90 days after first receiving benefits

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Summary of Material Modifications (SMM) — ERISA §§102 & 104(b)(1) & DOL Reg. §2520.104b-3
Summary of changes in any information required in SPD
PLANS AFFECTED? All employee benefit plans subject to Title I of ERISA
SENT TO/
FILED WITH?
Sent to participants, retirees and beneficiaries, with certain exceptions for updates. No filing requirement. See “Plan Documents
SENT BY? Plan administrator
WHEN DUE? Within 210 days after end of plan year in which modification is adopted unless a revised SPD is distributed containing modification. To new participants, within 90 days of becoming a participant; to beneficiaries, within 90 days after first receiving benefits

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Summary Annual Report — ERISA §104(b)(3) & DOL Reg. §2520.104b-10
Narrative summary of financial information reported on Form 5500 (see “Form 5500 Series” described under “Joint DOL/IRS Requirements”) and statement of right to receive annual report. A sample notice is available from DOL in Reg. §2520.104b-10.
PLANS AFFECTED? Employee benefit plans subject to Title I of ERISA, except for defined benefit (DB) plans and as exempted in DOL Reg. §2520.104b-10(g)
SENT TO/
FILED WITH?
Sent to participants and beneficiaries. No filing requirement
SENT BY? Plan administrator
WHEN DUE? Generally, later of nine months after plan year ends or, where an extension of time for filing Form 5500 has been granted by IRS, two months after Form 5500 is due

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Plan Documents — ERISA §104(b)(2) & (4) & DOL Reg. §2520.104b-1(b)(3)
Maintain and provide copies upon request of plan and trust instruments, most recent annual report, SPD, any SMMs, any collective bargaining agreements and all contracts or other instruments under which plan is established or operated
PLANS AFFECTED? All employee benefit plans subject to Title I of ERISA
SENT TO/
FILED WITH?
Copies sent to participants and beneficiaries upon request. No filing requirement, but must be maintained at main office of plan administrator
SENT BY? Plan administrator
WHEN DUE? Plan administrator must make available for inspection at principal office of administrator. Copies must be furnished within 30 days after a written request.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Periodic Benefit Statements — ERISA §105(a)
Statement informing participants of their accrued benefit at normal retirement age and, if not vested, when vesting will occur. Must describe any permitted disparity or floor-offset provision. For individual account plans, must also note value of each investment. DOL to provide a model.
PLANS AFFECTED? DB and defined contribution (DC) plans
SENT TO/
FILED WITH?
DC plans with participant-directed investments: Sent to participants and beneficiaries who may direct investments. DC plans without participant-directed investments: Sent to participants and beneficiaries with accounts. DB plans: Sent to participants with vested benefits who are currently employed by employer maintaining plan. No filing requirement
SENT BY? Plan administrator
WHEN DUE? DC plans with participant-directed investments: Within 45 days after close of each quarter. DC plans without participant-directed investments: Annually on or before date Form 5500 is filed by plan (but in no event later than date, including extensions, on which Form 5500 is required to be filed by plan) for plan year to which statement relates. DB plans: Every three years or provide annual notice of availability of benefit statement. A statement can be requested once each year. Under current guidance, statements are generally due within 45 days after close of applicable plan year.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Annual Funding Notice — ERISA §101(f)
Required notice that must contain certain identifying and funding information. Required information includes: Funding Target Attainment Percentage (FTAP) for current and two preceding plan years; total assets (with credit balances) and liabilities for those three years; number of plan participants who are receiving benefits, are terminated vested participants or are active participants; a statement of funding policy and asset allocation; and other information. A sample notice is available from DOL. See Field Assistance Bulletin (FAB) 2009-01 and DOL Prop. Reg. §2520.101-5. Section 40211(b)(2)(B) of Moving Ahead for Progress in the 21st Century Act (MAP-21) requires DOL to revise sample notice to include information on effect of segment rate stabilization on plan funding. See FAB 2013-01 for Model MAP-21 Supplement. Section 2003(b)(2)(B) of Highway and Transportation Funding Act of 2014 (HATFA) requires DOL to further revise sample notice to reflect HATFA revisions to MAP-21 information.
PLANS AFFECTED? DB plans subject to Title IV of ERISA
SENT TO/
FILED WITH?
Sent to participants, beneficiaries and participating unions. Filed with Pension Benefit Guaranty Corporation (PBGC) if underfunding is $50 million or more (or if PBGC requests)
SENT BY? Plan administrator
WHEN DUE? Within 120 days after close of plan year; if 100 or fewer participants, due at earlier of date annual report is filed or is due (with extensions)

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Notice of Failure to Meet Minimum Funding Standard — ERISA §101(d)
For employers that fail to make a required payment to meet minimum funding standards
PLANS AFFECTED? DB plans and DC plans subject to funding requirements
SENT TO/
FILED WITH?
Sent to participants, beneficiaries and alternate payees. No filing requirement
SENT BY? Plan administrator
WHEN DUE? DOL regulations to prescribe time and manner for furnishing notice. Until then DOL’s position is “within a reasonable period of time after failure.” Failure occurs if required contributions are not made within 60 days of due date.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Intranet Posting of Defined Benefit (DB) Plan Actuarial Information — ERISA §104(b)(5)
If a DB plan sponsor (or plan administrator on behalf of sponsor) maintains an intranet site (not public) for communicating with employees or participants, sponsor (or plan administrator) must post on that site “identification and basic plan information and actuarial information” as filed in plan’s Form 5500.
PLANS AFFECTED? Apparently only DB plans, but no guidance has been issued
SENT TO/
FILED WITH?
Notice of posting not currently required. No filing requirement
SENT BY? Sponsor or plan administrator on behalf of sponsor
WHEN DUE? Unknown (guidance not yet issued). DOL must post full Form 5500 on DOL website within 90 days of Form 5500 filing date.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Notice of Availability of Investment Advice — ERISA §§408(b)(14) & 408(g)(1) & DOL Reg. §2550.408g-1
Required notice to participants and beneficiaries in DC plans with participant-directed investments regarding availability of any investment advice services. Absent notice and compliance with other requirements, any transaction involving provision of investment advice may be a prohibited transaction. A sample notice is available in appendix to regulations.
PLANS AFFECTED? DC plans with participant-directed investments if plan sponsor wants to provide investment advice
SENT TO/
FILED WITH?
Sent to participants and beneficiaries. No filing requirement
SENT BY? Fiduciary adviser
WHEN DUE? Before initial provision of information and annually thereafter with updates more often (if necessary)

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Blackout Period Notification — ERISA §101(i) & DOL Reg. §2520.101-3
Advance notice of a period of more than three consecutive business days during which normal rights to direct investment of assets in accounts or obtain plan loans or distributions are restricted
PLANS AFFECTED? DC plans with participant-directed investments
SENT TO/
FILED WITH?
Sent to participants and beneficiaries affected by blackout period. No filing requirement
SENT BY? Plan administrator
WHEN DUE? At least 30 days, but not more than 60 days, before beginning of a blackout period. Notice period can be shorter if a plan fiduciary determines that, due to events beyond plan administrator’s control (e.g., a system outage), 30-day notice is not possible.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Disclosure of Plan Fees and Expenses — ERISA §404(a) & DOL Reg. §2550.404a-5
Required annual disclosure of specified plan information and specified investment-related information, quarterly statements of fees deducted from individual accounts and, upon request, disclosure of certain specified investment-related information. Required annual investment information must be in form of a chart as specified in regulations. A sample disclosure chart is available as an appendix to regulations.
PLANS AFFECTED? DC plans with participant-directed investments
SENT TO/
FILED WITH?
Sent to participants, including employees who are eligible to participate but who have not actually enrolled, and plan beneficiaries. No filing requirement
SENT BY? Plan administrator
WHEN DUE? Generally, required annual information must be provided on or before date participant or beneficiary can first direct investments and annually thereafter. Quarterly statements must be provided by 45 days after end of quarter.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Section 404(c) Disclosures — ERISA §404(a) & (c) & DOL Reg. §§2550.404a-5 & c-1
ERISA §404(c) regulations require that a notice be provided if a plan wants to limit its fiduciary liability for participant and beneficiary investment decisions.
PLANS AFFECTED? DC plans with participant-directed investments that want protection under §404(c)
SENT TO/
FILED WITH?
Sent to participants and beneficiaries. No filing requirement
SENT BY? Plan administrator
WHEN DUE? Notice of intent to be a §404(c) plan must be provided before participants’ self-direction.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Summary of Material Reduction in Covered Services or Benefits — ERISA §104(b) & DOL Reg. §2520.104b-3(d)
Summary description of modification or change that would be considered by average plan participant to be an important reduction in covered services or benefits
PLANS AFFECTED? Group health plans subject to Title I of ERISA
SENT TO/
FILED WITH?
Sent to participants. No filing requirement
SENT BY? Plan administrator
WHEN DUE? Not later than 60 days after adoption of modification or change, or at regular intervals of not more than 90 days

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Women’s Health and Cancer Rights Act (WHCRA) Notices — ERISA §713
Description of benefits under WHCRA and any deductibles and coinsurance limits applicable to such benefits. Sample notices are available from DOL.
PLANS AFFECTED? Group health plans that provide for mastectomy benefits
SENT TO/
FILED WITH?
Sent to participants and beneficiaries. No filing requirement
SENT BY? Plan administrator
WHEN DUE? Upon enrollment in plan and annually thereafter

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA) Disclosure of Plan Benefits — ERISA §701(f)(3)(B)(ii)
Required disclosure, upon request, of information about plan benefits to state Medicaid or CHIP to allow states to evaluate an employment-based plan to determine whether premium reimbursement is a cost-effective way to provide medical or child health assistance to an individual
PLANS AFFECTED? Group health plans and health insurers
SENT TO/
FILED WITH?
No participant reporting requirement. Filed with requesting state
SENT BY? Plan administrator
WHEN DUE? If requested by state Medicaid or CHIP program, provide within 30 days of date that request was sent to plan.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
CHIPRA Notice to Employees — ERISA §701(f)(3)(B)(i)
Employers that maintain a group health plan in a state that provides premium assistance under Medicaid or CHIP must notify all employees of potential opportunities for premium assistance in state in which employee resides. A sample notice is available from DOL.
PLANS AFFECTED? Group health plans and health insurers
SENT TO/
FILED WITH?
Sent to participants and beneficiaries. No filing requirement
SENT BY? Employer
WHEN DUE? Annually, by first day of plan year

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Form M-1 — ERISA §101(g) & DOL Reg. §2520.101-2
Annual report describing compliance with federal health legislation, including HIPAA, WHCRA, Mental Health Parity Act and Newborns’ and Mothers’ Health Protection Act
PLANS AFFECTED? Multiple Employer Welfare Arrangements (MEWAs)
SENT TO/
FILED WITH?
No participant reporting requirement. Filed with Employee Benefits Security Administration (EBSA)
SENT BY? MEWA administrator or plan sponsor
WHEN DUE? 3/1 of each year for previous calendar year. For newly established MEWAs, within 90 days of date coverage begins, unless it is established (origination date) between 10/1 and 12/31. In that case, 3/1 date applies.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

INTERNAL REVENUE SERVICE (IRS) REQUIREMENTS
ITEM & DESCRIPTION
Form 1099-MISC (Report of Miscellaneous Income) Internal Revenue Code (IRC) §6041
Use if plan makes direct payments of $600 or more for services, rents and specified other purposes. Generally, not needed if payment is to a corporation other than in case of payment to a corporation for work of an attorney. See IRS Instructions for Form 1099-MISC.
PLANS AFFECTED? Retirement plans and health and welfare benefit plans
SENT TO/
FILED WITH?
Sent to service provider or other recipient of payment. Filed with IRS (magnetic media required for 250 or more forms)
SENT BY? Payer
WHEN DUE? Send to recipients before 2/1 and IRS before 3/1 of calendar year following distribution (4/1 if filing electronically). File with Form 1096 (if paper filing).

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Notice and Reminder of Election Regarding Withholding from Annuity and Pension Plan Payments — IRC §3405(e)(10) & Temp. Treas. Reg. §35.3405-1T, Part D
Notice regarding a recipient’s right to elect out of income tax withholding from periodic payments. Absent an election out of withholding, withholding is required. Sample notice and election forms provided in Treas. Reg. §35.3405-1T, Part D, Q&A 21-22. (Different withholding requirements apply for non-periodic payments and eligible rollover amounts, and to individuals living abroad.)
PLANS AFFECTED? DB and DC plans
SENT TO/
FILED WITH?
Sent to participants and beneficiaries applying for periodic distributions. No filing requirement; amount withheld is remitted to IRS.
SENT BY? Payer
WHEN DUE? Notice is optional within six months before first payment and is required with first payment (even if provided earlier). Reminder of election is required, thereafter, once each calendar year.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Form 1099-R
Report of distributions from retirement plans, including distributions of excess deferrals or excess contributions from certain DC plans (e.g., §401(k) plans)
PLANS AFFECTED? DB and DC plans
SENT TO/
FILED WITH?
Sent to participants, retirees and beneficiaries receiving benefits other than those who are nonresident aliens (who receive Form 1042-S instead). Filed with IRS (magnetic media required for 250 or more forms)
SENT BY? Payer
WHEN DUE? Send to participants before 2/1 and IRS before 3/1 of calendar year following distribution (4/1 if filing electronically). File with Form 1096 (if paper filing).

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Explanation of Rollover and Certain Tax Options — IRC §402(f) & Treas. Reg. §1.402(f)-1
Notice to recipient of a distribution eligible for rollover to an eligible retirement plan (i.e., an IRA, §403(b), governmental §457(b) or §401(a) qualified plan) explaining rules for rollovers and mandatory withholding on amounts not rolled over. Sample notices are available from IRS.
PLANS AFFECTED? DB and DC plans
SENT TO/
FILED WITH?
Sent to participants and beneficiaries who will receive or can elect to receive eligible rollover distributions. No filing requirement
SENT BY? Plan administrator
WHEN DUE? Not less than 30 nor more than 180 days prior to distribution date (or, if plan administrator chooses, annuity starting date)

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Form 8955-SSA (Annual Registration Statement Identifying Separated Participants with Deferred Vested Benefits) — IRC §6057
Provides information on recently terminated vested participants
PLANS AFFECTED? DB and DC plans
SENT TO/
FILED WITH?
Filed with IRS. See “Notice to Separated Participants with Deferred Vested Benefits” for related notice to participants.
SENT BY? Plan administrator
WHEN DUE? Due date for Form 8955-SSA is last day of seventh month following close of plan year. Extensions may be requested. See “Form 5558 (Application for Extension of Time).”

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Notice of Intent to Use Safe-Harbor Formula — IRC §401(k)(12) & Treas. Reg. §1.401(k)-3(d)
Notice to participants describing their rights and obligations under a §401(k) plan, including a description of safe-harbor matching or safe-harbor nonelective employer contribution formula, how and when to make deferral elections and other required information. See “Federal Register” for notice requirements related to mid-year changes in safe-harbor matching or safe-harbor nonelective employer contributions.
PLANS AFFECTED? §401(k) plans
SENT TO/
FILED WITH?
Sent to participants and all employees eligible to participate in plan. No filing requirement
SENT BY? Plan administrator
WHEN DUE? Initial notice for new plan or newly eligible employees: Not more than 90 days before and no later than eligibility date. Annual notice: Not less than 30 days or more than 90 days before beginning of plan year

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Form W-2 (Wage and Tax Statement) — IRC §3401, ACA §9002 & IRC §6051(a)(14)
For reporting wages, nonqualified deferred compensation, sick pay, group legal services contributions or benefits, supplemental unemployment benefits, premiums for group-term life insurance above $50,000, employer contributions to medical savings accounts, payments under adoption assistance plans and other taxable/reportable benefits. ACA requires employers to report cost of coverage under an employer-sponsored group health plan on each employee’s Form W-2. Cost of coverage includes medical and prescription drug coverage and health flexible spending account (FSA) value for plan year in excess of employee’s cafeteria plan salary reduction, but dental, vision and HRA contributions are not required to be reported. Amounts contributed to a multiemployer plan would not be reported.
PLANS AFFECTED? Health and welfare benefit plans, employers
SENT TO/
FILED WITH?
Sent to employees. Filed with Social Security Administration (SSA) (magnetic media required for 250 or more forms)
SENT BY? Employer
WHEN DUE? Send to participants before 2/1 and SSA before 3/1 of calendar year following distribution. File with Form W-3.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Form 990 & Form 990EZ (Annual Return of Organization Exempt from Income Tax) — IRC §501(c)
Use Form 990EZ if annual gross receipts were less than $100,000 and total year-end assets were less than $250,000.
PLANS AFFECTED? Health and welfare benefit plans
SENT TO/
FILED WITH?
Sent to participants on written request. Filed with IRS
SENT BY? Plan administrator
WHEN DUE? Within 4½ months after end of plan year. Use Form 8868 to request 90-day extensions.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Form 8928 (Return of Certain Excise Taxes Under Chapter 43 of IRC) — IRC §§4980B & 4980D
Group health plans may be subject to excise taxes for failure to comply with certain requirements related to administration of health benefits, including Consolidated Omnibus Budget Reconciliation Act (COBRA) and HIPAA portability and nondiscrimination. ACA mandates also are subject to applicable excise taxes. Group health plans must self-report compliance failures on Form 8928 and pay related excise taxes.
PLANS AFFECTED? Group health plans
SENT TO/
FILED WITH?
No participant reporting requirement. Filed with IRS
SENT BY? Plan administrator
WHEN DUE? Must be filed on or before due date for filing responsible party’s federal income tax return. An automatic six-month extension is available by filing Form 7004 (which must be filed on or before regular filing date for Form 8928).

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

JOINT DOL/IRS REQUIREMENTS
ITEM & DESCRIPTION
Form 5500 Series (Annual Return/Report of Employee Benefit Plan) and Schedules5 — ERISA §§103-104, DOL Reg. §2520.103, Pension Benefit Guaranty Corporation (PBGC) Reg. §4065 & IRC §6058
Annual report filed by employee benefit plans subject to ERISA and IRC for purposes of providing plan information to DOL, IRS and PBGC. Filing requirements vary with type and size of plan. A short form is available for plans with fewer than 100 participants as of first day of plan year that are exempt from financial audit requirements, are fully invested in certain secure investments and hold no employer stock. Only certain schedules are required to be filed with Form 5500-SF.
PLANS AFFECTED? All employee benefit plans (exceptions for certain apprenticeship plans and certain dependent care assistance plans)
SENT TO/
FILED WITH?
Sent to participants and beneficiaries on written request. Filed with DOL. Electronic filing is required.
SENT BY? Plan administrator
WHEN DUE? Within seven months after end of plan year unless extension is received by filing Form 5558 before due date. See “Form 5558 (Application for Extension of Time).” There are various IRS and DOL penalties for failure to file on time.
5Schedules can include: Schedule A – Insurance Information; Schedule C – Service Provider Information; Schedule D – Direct Filing Entities (DFEs)/Participating Plan Information (filed by plans that participate or invest in a DFE); Schedule G – Financial Transaction Schedules (filed by plans that answer “yes” to lines 4b, 4c and/or 4d of Schedule H); Schedule H – Financial Information (filed by large plans); Schedule I – Financial Information (filed by small plans – fewer than 100 participants); Schedule MB – Certain Money Purchase Plan Actuarial Information (filed by single-employer money purchase plans amortizing funding waivers); Schedule R – Retirement Plan Information (filed by DB plans and, with certain exceptions, DC plans); and Schedule SB – Single Employer Actuarial Information (filed by single-employer DB plans and money purchase plans that are not amortizing funding waivers). 

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Form 5558 (Application for Extension of Time)
To request extension of time in which to file Form 5500 or Form 8955-SSA or both (maximum 2½ months)
PLANS AFFECTED? All employee benefit plans subject to Form 5500 or Form 8955-SSA reporting
SENT TO/
FILED WITH?
Filed with IRS
SENT BY? Plan administrator
WHEN DUE? On or before normal due date for filing Form 5500 or Form 8955-SSA. Filing required, but approval is automatic.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Notice to Separated Participants with Deferred Vested Benefits — IRC §6057(e), ERISA §105(c) & Treas. Reg. §301.6057-1(e)
Notice to each separated participant providing information about participant’s deferred vested benefit as filed on Form 8955-SSA. IRS guidance in form of answers to frequently asked questions (FAQs) permits notice requirement to be satisfied by information timely provided in other documents. See "Retirement Plan FAQs Regarding Form 8955-SSA"
PLANS AFFECTED? DB and DC plans
SENT TO/
FILED WITH?
Sent to separated participants with deferred vested benefits listed on Form 8955-SSA with respect to a plan year. No filing requirement
SENT BY? Plan administrator
WHEN DUE? No later than date on which related Form 8955-SSA is required to be filed (including extensions). See “Form 8955-SSA

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Notice of Right to Defer Distribution and Consequences of Failure to Defer Distribution — ERISA §205(g), IRC §411(a)(11), Notice 2007-7 & Treas. Prop. Reg. §1.411(a)-11
Notice explaining right to defer distribution and consequences of failing to defer distribution, including, for DB plans, a description of how much larger benefits could be if commencement of distributions is deferred or, for DC plans, a description of available investment options (including fees) and portion of SPD that contains special rules that might materially affect a participant’s decision. See http://www.irs.gov/pub/irs-drop/n-07-07.pdf and http://edocket.access.gpo.gov/2008/E8-23918.htm
PLANS AFFECTED? DB and DC plans
SENT TO/
FILED WITH?
Sent to participants. No filing requirement
SENT BY? Plan administrator
WHEN DUE? Not less than 30 nor more than 180 days before annuity starting date, unless right to 30-day notice is waived, in which case due date cannot be less than seven days before distribution date, provided certain requirements are met. Reasonable compliance standard until final regulations are issued

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Notice of Reduction in Future Accruals — ERISA §204(h), IRC §4980F & Treas. Reg. §54.4980F-1
Notice of amendment significantly reducing rate of future accruals, including reductions in early retirement benefits or retirement-type subsidies
PLANS AFFECTED? DB plans and DC plans subject to funding rules
SENT TO/
FILED WITH?
Sent to participants, alternate payees expected to be affected, unions representing affected participants and contributing employers. No filing requirement
SENT BY? Plan administrator
WHEN DUE? Generally, 45 days before effective date of amendment. There are special rules for small plans and certain corporate transactions.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Explanation of Qualified Joint and Survivor Annuity (QJSA) & Qualified Optional Survivor Annuity (QOSA) — ERISA §205(c), IRC §417(a)(3) & Treas. Reg. §§1.401(a)-11, 1.401(a)-20, 1.417(a)(3)-1 & 1.417(e)-1
Notice explaining terms and conditions of QJSA and QOSA, right to waive, right to revoke waiver, spousal consent requirement, consequences of failing to defer commencement of benefits and explanation and relative value of other optional benefit forms
PLANS AFFECTED? DB plans, DC plans subject to funding rules and certain other DC plans
SENT TO/
FILED WITH?
Sent to participants. No filing requirement
SENT BY? Plan administrator
WHEN DUE? Not less than 30 nor more than 180 days before annuity starting date, unless right to 30-day notice is waived, in which case due date cannot be less than seven days before distribution date, provided certain requirements are met

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Explanation of Qualified Preretirement Survivor Annuity (QPSA) — ERISA §205(c), IRC §417(a)(3) & Treas. Reg. §§1.401(a)-11, 1.401(a)-20, 1.417(a)(3)-1 & 1.417(e)-1
Notice explaining terms and conditions of QPSA, right to waive, right to revoke waiver, spousal consent requirement
PLANS AFFECTED? DB plans, DC plans subject to funding rules and certain other DC plans
SENT TO/
FILED WITH?
Sent to vested participants and nonvested participants who are active employees. No filing requirement
SENT BY? Plan administrator
WHEN DUE? Generally, during period from beginning of plan year in which employee turns age 32 to end of plan year in which employee turns age 34. Special rules apply for participants who commence participation after 34 or separate from service before 35. A plan that fully subsidizes QPSA and does not allow a participant to waive it or to select a nonspouse beneficiary need not provide this notice.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Notice of Benefit Limitations and Restrictions — ERISA §§101(j), 206(g) & 502(c)(4) & IRC §436 & Notice 2012-46
Notice that plan has become subject to benefit restrictions on contingent benefits, benefit payments or benefit accruals, as applicable, when plan’s adjusted funding target attainment percentage (AFTAP) is less than specified percentages
PLANS AFFECTED? DB plans
SENT TO/
FILED WITH?
Sent to participants and beneficiaries. No filing requirement
SENT BY? Plan administrator
WHEN DUE? Within 30 days after plan is subject to benefit limitations relating to unpredictable contingent event benefits and prohibited payments. For benefit limitation relating to cessation of benefit accruals, within 30 days after earlier of valuation date for plan year for which plan’s AFTAP is less than 60% or date such percentage is presumed to be less than 60%

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Suspension of Benefits Notice — IRC §411(a)(3)(B), ERISA §203(a)(3) & DOL Reg. §2530.203-3
Notice of suspension of benefits during certain periods of continuing employment after normal retirement age (NRA) or re-employment after NRA
PLANS AFFECTED? DB plans that contain suspension-of-benefits provisions
SENT TO/
FILED WITH?
Sent to participants working past or rehired after NRA. No filing requirement
SENT BY? Plan administrator
WHEN DUE? During first month in which benefit is suspended at or after NRA (at NRA if participant continues to work after NRA). Plans that include employment verification requirements and related presumptions also must provide an annual notice.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Notice of Right to Divest Employer Securities — ERISA §§101(m) & 204(j), IRC §401(a)(35) & Treas. Reg. §1.401(a)(35)-1
Notification to participants in DC plans whose account balances are invested in publicly traded stock of their employer of right to diversify into alternative investments and importance of diversification. A sample notice is available from IRS. See Notice 2006-107.
PLANS AFFECTED? DC plans with publicly traded employer securities, including DC plans without participant-directed investments
SENT TO/
FILED WITH?
Sent to participants and beneficiaries. No filing requirement
SENT BY? Plan administrator
WHEN DUE? No later than 30 days of date participant is first eligible to exercise right of diversification

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Notice of Qualified Automatic Contribution Arrangement (QACA) & Eligible Automatic Contribution Arrangement (EACA) — IRC §§401(k)(13)(E) & 414(w)(4), ERISA §404(c)(5), Treas. Reg. §1.401(k)-3(k)(4) & DOL Reg. §2550.404c-5(d)
Notice describes rights and obligations under §401(k) plan with automatic enrollment arrangement, including right to elect not to have salary deferrals made on employee’s behalf, right to elect a different percentage and how contributions will be invested in absence of an investment election. A sample notice is available from IRS.
PLANS AFFECTED? §401(k) plans using automatic enrollment
SENT TO/
FILED WITH?
Sent to participants and each employee eligible to participate for year. No filing requirement
SENT BY? Plan administrator
WHEN DUE? Within a reasonable period before each plan year (or eligibility for enrollment for new hires). A period of at least 30 days, but not more than 90 days, before beginning of plan year is deemed to be reasonable. Employees hired mid-year must be given notice a reasonable time prior to first payroll deduction.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Notice of Qualified Default Investment Alternative (QDIA) — IRC §414(w), ERISA §404(c)(5) & DOL Reg. §2550.404c-5(d)
Notice describes right to direct investments in a broad range of investment alternatives and how accounts will be invested in QDIA in absence of participant direction. Notice may be combined with QACA, EACA or other ERISA §404(c) notices. (See “Section 404(c) Disclosures.”) A sample notice is available from IRS.
PLANS AFFECTED? DC plans with participant-directed investments
SENT TO/
FILED WITH?
Sent to participants and beneficiaries. No filing requirement
SENT BY? Plan administrator
WHEN DUE? Initial notice at least 30 days before date of plan eligibility or first investment in QDIA. May be as late as date of plan eligibility if plan is EACA (participant may make a permissible withdrawal within 90 days without penalty). Thereafter, annual notice, at least 30 days before start of next plan year

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Notice of Continuation of Health Coverage under Consolidated Omnibus Budget Reconciliation Act (COBRA) — ERISA §606, IRC §4980B(f)(6) & DOL Reg. §2590.606-1,4
Notice to participants and spouses upon initial enrollment of their right to continue self-paid health coverage and notice to qualified beneficiaries after a qualifying event. Also, notice to COBRA participants of change in premium, when applicable
PLANS AFFECTED? Group health plans
SENT TO/
FILED WITH?
Sent to affected participants and other qualified beneficiaries. No filing requirement
SENT BY? Plan administrator
WHEN DUE? General Notice (or Initial Notice) — generally, within 90 days of when coverage begins (participants and spouses only); Election Notice (or Notice of Qualifying Event) to specific qualified beneficiary — within 14 days after plan administrator is notified of a qualifying event in relation to that qualified beneficiary or other time frame provided under terms of plan; Premium Change Notice — prior to its effective date

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Notice of Unavailability of Continuation Coverage under COBRA — DOL Reg. §2590.606-4(c)
Notice to qualified beneficiaries that have sent a qualifying event notice to plan administrator of reasons why they are not entitled to COBRA coverage
PLANS AFFECTED? Group health plans
SENT TO/
FILED WITH?
Sent to affected qualified beneficiaries. No filing requirement
SENT BY? Plan administrator
WHEN DUE? Within same time frame that plan administrator would have had to provide an election notice had person been eligible for COBRA (generally 14 days after receipt of notice of a qualifying event or, where employer is also administrator, 44 days after notice of qualifying event)

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Notice of Termination of Continuation Coverage — DOL Reg. §2590.606-4(d)
Notice to qualified beneficiaries that their COBRA coverage is terminating early (i.e., before end of maximum coverage period)
PLANS AFFECTED? Group health plans
SENT TO/
FILED WITH?
Sent to affected qualified beneficiaries. No filing requirement
SENT BY? Plan administrator
WHEN DUE? As soon as practicable following administrator’s determination that continuation coverage shall terminate early

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Notice of Insufficient Payment of COBRA Premium — Treas. Reg. §54.4980B-8, Q&A5(d)
Notice to qualified beneficiary that payment for COBRA continuation coverage was less (but not “significantly less”) than correct amount
PLANS AFFECTED? Group health plans
SENT TO/
FILED WITH?
Sent to affected qualified beneficiaries. No filing requirement
SENT BY? Plan administrator
WHEN DUE? Plan must provide reasonable period to cure deficiency before terminating COBRA. A 30-day grace period will be considered reasonable.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
HIPAA Certificate of Creditable Coverage — ERISA §701 & IRC §9801
Notice to former participants and covered dependents detailing length of time during which they were covered under plan. A sample certificate is available.
PLANS AFFECTED? Group health plans
SENT TO/
FILED WITH?
Sent to participants, former participants and covered dependents. No filing requirement
SENT BY? Plan administrator or health insurer
WHEN DUE? Upon loss of health coverage and no later than deadline for giving COBRA election notice. When COBRA ends, within a reasonable time after plan learns that COBRA has ceased. Certificate must be given upon request if request is made within 24 months after coverage ends. Requirement to provide these certificates ended 12/31/14.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Notice of Special Enrollment Rights — ERISA §701 & IRC §9801
Notice to participants of HIPAA special enrollment rights upon acquiring a new dependent or loss of other coverage. A sample notice is available from DOL.
PLANS AFFECTED? Group health plans
SENT TO/
FILED WITH?
Sent to participants. No filing requirement
SENT BY? Plan administrator or health insurer
WHEN DUE? On or before date participant is offered opportunity to enroll in group health plan

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
General Notice of Preexisting Condition Exclusion — ERISA §701, IRC §9801 & DOL Reg. §2590.701-3(c)
Written notice of existence and terms of any preexisting condition exclusion and of rights of individuals to demonstrate creditable coverage, including rights of individuals to request a certificate of creditable coverage from a prior health plan or health insurer. Also a statement that current plan will assist in obtaining a certificate from any prior plan or insurer, if necessary
PLANS AFFECTED? Group health plans
SENT TO/
FILED WITH?
Sent to participants and covered dependents where plan contains a preexisting condition exclusion. No filing requirement
SENT BY? Plan administrator or health insurer
WHEN DUE? With enrollment materials or, if no enrollment materials are distributed, by earliest date following request for enrollment, until first plan year that begins on or after 1/1/14. No longer required after 2014 plan year because preexisting condition exclusions are prohibited

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Individual Notice of Period of Preexisting Condition Exclusion — ERISA §701, IRC §9801 & DOL Reg. §2590.701-3(e)
Written notice of determination regarding length of preexisting condition exclusion period that applies to an individual, including basis of determination, an explanation of opportunity to present additional evidence of creditable coverage and remaining preexisting condition exclusion period that will apply to individual
PLANS AFFECTED? Group health plans
SENT TO/
FILED WITH?
Sent to participants and covered dependents upon whom a preexisting condition exclusion is imposed. No filing requirement
SENT BY? Plan administrator or health insurer
WHEN DUE? Within reasonable time following determination that a preexisting condition exclusion will be imposed, until first plan year that begins on or after 1/1/14. No longer required after 2014 plan year because preexisting condition exclusions are prohibited

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Notice of Coverage Relating to Hospital Length of Stay in Connection with Childbirth — ERISA §711(d) & DOL Reg. §2520.102-3(u)
Notice to participants in SPD that describes any requirements under both federal and state law regarding minimum length of a hospital stay in connection with childbirth
PLANS AFFECTED? Group health plans that provide maternity or newborn coverage
SENT TO/
FILED WITH?
Sent to participants. No filing requirement
SENT BY? Plan administrator or health insurer
WHEN DUE? Within SPD time frame

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Michelle's Law — ERISA §714 and IRC §9813
Requires extended coverage for post-secondary education students on medical leave
PLANS AFFECTED? Group health plans that determine eligibility for coverage based on student status. After ACA, generally applicable only to plans that cover dependents 26 years of age or older on basis of student status
SENT TO/
FILED WITH?
Sent to participants. Any notice regarding student status certification must describe rights to continued coverage during a medically necessary leave of absence. No filing requirement
SENT BY? Plan administrator or health insurer
WHEN DUE? Whenever notice of student status certification is provided. Only applicable to plans that may continue to use student status to determine eligibility (not allowed for dependent children under age 26)

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

PENSION BENEFIT GUARANTY CORPORATION (PBGC) REQUIREMENTS
ITEM & DESCRIPTION
PBGC Comprehensive Premium Filing — ERISA §4007 & PBGC Reg. §4007.11
Form used to file flat-rate premium payment
PLANS AFFECTED? DB plans
SENT TO/
FILED WITH?
No participant reporting requirement. Filed with PBGC. Electronic filing is mandatory absent a special exemption.
SENT BY? Plan administrator
WHEN DUE? Generally 9½ months after close of plan year. See final regulations issued 1/3/14 (large plans) and  3/11/14 (small plans)

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
PBGC Form 10-Advance (Advance Notice of Reportable Events) — ERISA §4043 & PBGC Reg. §4043 Subparts A & C
Report of change or liquidation of sponsor or controlled group member, bankruptcy, transfer of benefit liabilities, extraordinary dividend or stock redemption, application for minimum funding waiver or loan default
PLANS AFFECTED? DB plans sponsored by non-public companies that have single-employer plans in controlled group with unfunded benefits totaling more than $50 million
SENT TO/
FILED WITH?
No participant reporting requirement. Filed with PBGC
SENT BY? Plan sponsor
WHEN DUE? In general, employer must notify PBGC 30 days before effective date of reportable event. PBGC has extended 30-day deadline for certain events in certain specified circumstances. PBGC has waived advance reporting for certain reportable events in certain circumstances.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
PBGC Form 10 (Post-Event Notice of Reportable Events) — ERISA §4043 & PBGC Reg. §4043 Subparts A & B
Report of active participant reduction, failure to make minimum funding payments, inability to pay benefits when due, distribution to a substantial owner, transfer of benefit liabilities, change or liquidation of sponsor or controlled group member, bankruptcy, extraordinary dividend or stock redemption, application for minimum funding waiver, loan default unless waived by regulation and any additional events added by regulation
PLANS AFFECTED? DB plans
SENT TO/
FILED WITH?
No participant reporting requirement. Filed with PBGC
SENT BY? Contributing sponsor and plan administrator; however filing by either one satisfies requirement
WHEN DUE? Generally, within 30 days after plan administrator or contributing sponsor knows or has reason to know a reportable event has occurred. This deadline is extended for some events and for certain types of information in certain specified circumstances. PBGC has waived post-event reporting in certain circumstances.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
PBGC Financial and Actuarial Information Reporting — ERISA §4010 & PBGC Reg. §4010
Annual financial and actuarial information notice of plan’s funding status and limits on PBGC’s guarantee. Required if prior year’s FTAP of any plan in controlled group is less than 80%.
PLANS AFFECTED? Large DB plans that, generally, have a total of more than $15 million in unfunded vested benefits in all single-employer plans of controlled group members
SENT TO/
FILED WITH?
No participant reporting requirement. Filed with PBGC
SENT BY? Contributing sponsor and each member of contributing sponsor’s controlled group. One report on behalf of entire controlled group
WHEN DUE? On or before 105th day after end of filer’s fiscal year (or calendar year, if controlled group members have different fiscal years). Electronic filing required in most circumstances.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
PBGC Form 200 (Notice of Failure to Make Required Contributions) — IRC §430(k)(4), ERISA §302(f)(4) & PBGC Reg. §4043-81
Notification of plan sponsor’s failure to pay quarterly contributions to a DB plan where total unpaid balance for all quarters reaches $1 million
PLANS AFFECTED? DB plans
SENT TO/
FILED WITH?
No participant reporting requirement. Filed with PBGC
SENT BY? Plan sponsor and, if a contributing sponsor is a member of a “parent-subsidiary” controlled group, parent; however, filing by either one satisfies requirement
WHEN DUE? No later than 10 days after due date for any required payment for which payment was not made when due.

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

ITEM & DESCRIPTION
Substantial Cessation of Operations Notice — ERISA §4062(e) & 4063 & PBGC Reg. §4062.8
Notice to advise PBGC of certain cessations of operations at a facility in any location if, as a result of such cessation, more than 20% of total number of employees who are participants under plan are separated from employment. See current enforcement policy. A moratorium on enforcement, but not on requirement to provide notice to PBGC about §4062(e) events, was put into place from 7/8/14 to 12/31/14.
PLANS AFFECTED? DB plans
SENT TO/
FILED WITH?
Sent to PBGC
SENT BY? Plan sponsor
WHEN DUE? 60 days after trigger satisfied

Source: Sibson Consulting’s 2015 Reporting & Disclosure Calendar for Benefit Plans. Copyright © 2014 by The Segal Group, Inc. All rights reserved.

1The ACA is the abbreviated name for the health care reform law, the Patient Protection and Affordable Care Act (PPACA), Public Law No. 111-48, as modified by the subsequently enacted Health Care and Education Reconciliation Act (HCERA), Public Law No. 111-52.
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This Reporting & Disclosure Calendar for Benefit Plans, which was posted in December 2014, is intended to indicate general reporting and disclosure requirements applicable to pension and health and welfare benefit plans on an annual basis. It does not cover all special requirements that may apply in a particular year due to an extraordinary event (e.g., plan termination) or that may apply only to a particular class of participants (e.g., highly compensated employees or nonresident aliens). As with all matters involving legal interpretation, plan sponsors should rely on their attorneys for legal advice on questions of specific application to their plans.

Copyright © 2014 by The Segal Group, Inc. All rights reserved.