2016 Reporting & Disclosure Calendar for Benefit Plans

Sibson Consulting's 2016 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 bar.)

Other versions of the 2016 Reporting & Disclosure Calendar for Benefit Plans are also available. An easy-to-print PDF is available online. A mobile technology app is available online. A poster sized-print version is available by request.

While the compliance content of all four versions of the 2016 Reporting & Disclosure Calendar for Benefit Plans is identical, the information is presented differently. The online versions will be updated, as needed, to reflect significant regulatory guidance.

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 and all 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 and all 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 2016 Reporting & Disclosure Calendar for Benefit Plans.
Copyright © 2015 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 2016 Reporting & Disclosure Calendar for Benefit Plans.
Copyright © 2015 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 2016 Reporting & Disclosure Calendar for Benefit Plans.
Copyright © 2015 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 no later than 60 days prior to date on which modification will become effective.

Source: Sibson Consulting’s 2016 Reporting & Disclosure Calendar for Benefit Plans.
Copyright © 2015 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 2016 Reporting & Disclosure Calendar for Benefit Plans.
Copyright © 2015 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.

Source: Sibson Consulting’s 2016 Reporting & Disclosure Calendar for Benefit Plans.
Copyright © 2015 by The Segal Group, Inc. All rights reserved.

 
ITEM & DESCRIPTION Transitional Reinsurance Fee — ACA §1341

Contributing entities pay fees to fund a 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 standards are exempt for 2015 and 2016.
SENT TO/
FILED WITH?
Register (or confirm existing password) 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? 2015 form should have been submitted and payment(s) scheduled by 11/16/15. Payments are due in two parts, by 1/15/16 and 11/15/16. 2016 form must be submitted and payment(s) scheduled by 11/15/16, with payments due in 2017.

Source: Sibson Consulting’s 2016 Reporting & Disclosure Calendar for Benefit Plans.
Copyright © 2015 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 funds 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 2016 Reporting & Disclosure Calendar for Benefit Plans.
Copyright © 2015 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 availability of a reasonable alternative standard to qualify for wellness program’s reward in all plan materials describing health-contingent wellness programs. 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 2016 Reporting & Disclosure Calendar for Benefit Plans.
Copyright © 2015 by The Segal Group, Inc. All rights reserved.

  
ITEM & DESCRIPTION Form 1095-C (Employer-Provided Health Insurance Offer and Coverage) & Form 1094-C (Transmittal of Employer-Provided Health Insurance Offer and Coverage Information Returns)  — IRC §6056

Large employers (50 or more full-time employees, including equivalents) must provide full-time employees with Form 1095-C, documenting offer of coverage, and file all such forms with IRS (along with Form 1094-C transmittal). 
PLANS AFFECTED? Large employers. Enrollment information for self-insured group health plans is also captured on Form 1095-C.
SENT TO/
FILED WITH?
Sent to employees. Filed with IRS
FILED BY? Large employers
WHEN DUE? Must be sent to employees by 1/31 (2/1/16 because 1/31 falls on a Sunday) and filed with IRS by 2/28 (3/31 if filed electronically) following end of calendar year. An automatic 30-day extension of IRS filing deadline is available by filing Form 8809 (which must be filed by due date for filing returns).

Source: Sibson Consulting’s 2016 Reporting & Disclosure Calendar for Benefit Plans.
Copyright © 2015 by The Segal Group, Inc. All rights reserved.

  
ITEM & DESCRIPTION Form 1095-B (Health Coverage) & Form 1094-B (Transmittal of Health Coverage Information Returns) — IRC §6055

Small employers that offer self-insured minimum essential coverage must provide employees with Form 1095-B, documenting enrollment in plan coverage, and file all such forms with IRS (along with Form 1094-B transmittal).
PLANS AFFECTED? Self-insured group health plans offered by small employers. If plan (or plan option) is insured, health insurance carrier is responsible for Form 1095-B.
SENT TO/
FILED WITH?
Sent to enrolled employees (or other “Responsible Individual”). Filed with IRS
FILED BY? Small employer if plan is self-insured. Insurance carrier if plan (or plan option) is insured.
WHEN DUE? Must be sent to participants by 1/31 (2/1/16 because 1/31 falls on a Sunday) and filed with IRS by 2/28 (3/31 if filed electronically) following end of calendar year. An automatic 30-day extension of IRS filing deadline is available by filing Form 8809 (which must be filed by due date for filing returns).

Source: Sibson Consulting’s 2016 Reporting & Disclosure Calendar for Benefit Plans.
Copyright © 2015 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 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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. Email 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 of unsecured PHI

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 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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 with respect to individuals covered under 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 (10/15/16–12/7/16); (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 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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 a plan’s prescription drug coverage or after change in creditable status of a plan

Source: Sibson Consulting’s 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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 accessed from www.rds.cms.hhs.gov
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 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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. 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 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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; alternative reporting requirements for top hat, apprenticeship and certain other plans
SENT TO/
FILED WITH?
Sent to participants and beneficiaries receiving benefits. No filing requirement. See “Plan Documents” under “DOL Requirements”
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 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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; alternative reporting requirements apply to top hat and certain other plans
SENT TO/
FILED WITH?
Sent to participants and beneficiaries receiving benefits. No filing requirement. See “Plan Documents” under “DOL Requirements”
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 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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” 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(d).
PLANS AFFECTED? Employee benefit plans subject to Title I of ERISA, except for defined benefit (DB) plans subject to Title IV of ERISA and as exempted in DOL Reg. §2520.104b-10(g)
SENT TO/
FILED WITH?
Sent to participants and beneficiaries receiving benefits. 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 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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 written request. No filing requirement, but must be maintained and made available for inspection at principal office of plan administrator
SENT BY? Plan administrator
WHEN DUE? Copies must be furnished within 30 days after a written request.

Source: Sibson Consulting’s 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 by The Segal Group, Inc. All rights reserved.

  
ITEM & DESCRIPTION Periodic Pension 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 only once every 12 months. Under current guidance, statements are generally due within 45 days after close of applicable plan year.

Source: Sibson Consulting’s 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 by The Segal Group, Inc. All rights reserved.

  
ITEM & DESCRIPTION Report at Termination or One-Year Break — ERISA §209(a) (as amended by Worker, Retiree and Employer Recovery Act of 2008 §105(f))

A report of benefits that are due or that may become due to a participant. Report must be in same form and contain same information as periodic benefit statement under ERISA §105(a). This reporting requirement appears to target non-vested participants at termination of employment or after a one-year break in service; other required disclosures provide this information for actives and terminated vested participants. See “Periodic Pension Benefit Statement” under “DOL Requirements” and “Notice to Separated Participants with Deferred Vested Benefits” under “Joint DOL/IRS Requirements”
PLANS AFFECTED? DB and DC plans
SENT TO/
FILED WITH?
Sent to participants at termination of service with employer, after a one-year break in service (as defined in ERISA §203(b)(3)(A)) or upon request. No filing requirement
SENT BY? Plan administrator
WHEN DUE? Report can be requested only once every 12 months and only one report is required with respect to consecutive one-year breaks in service. Report provided at such time as may be provided in regulations, but no regulations have yet been issued. Informal guidance from DOL indicates good-faith compliance is required. Plan administrators should consult with counsel about whether they need to report additional information based on plan type (DB or DC) and current disclosure practices, for good-faith compliance.

Source: Sibson Consulting’s 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 by The Segal Group, Inc. All rights reserved.

 
ITEM & DESCRIPTION

Annual Funding NoticeERISA §101(f) & DOL Reg. §2520.101-5

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. For plan years beginning on or after 1/1/15, see model notice in DOL Reg. §2520.101-5 (final). Plans may elect to comply with final regulations (including revised notice) earlier. For model language to be added for Moving Ahead for Progress in the 21st Century Act and Highway and Transportation Funding Act of 2014, see Field Assistance Bulletin (FAB) 2015-1. For plan years beginning before 1/1/15, see model notice in Field Assistance Bulletin (FAB) 2009-01 and DOL Prop. Reg. §2520.101-5

PLANS AFFECTED? DB plans subject to Title IV of ERISA
SENT TO/
FILED WITH?
Sent to participants, beneficiaries receiving benefits 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 2016 Reporting & Disclosure Calendar for Benefit Plans.
Copyright © 2015 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 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 by The Segal Group, Inc. All rights reserved.

  
ITEM & DESCRIPTION Intranet Posting of Defined Benefit (DB) Plan Actuarial Information — ERISA §104(b)(5)

If 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 2016 Reporting & Disclosure Calendar for Benefit Plans.
Copyright © 2015 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 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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; also sent to issuers of affected employer securities held by plan. No filing requirement
SENT BY? Plan administrator
WHEN DUE? At least 30 but no 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 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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 within 45 days after end of quarter.

Source: Sibson Consulting’s 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 by The Segal Group, Inc. All rights reserved.

  
ITEM & DESCRIPTION Section 404(c) Disclosures — ERISA §404(c) & DOL Reg. §2550.404c-1

Disclosures required for a participant-directed DC plan that wants to limit its fiduciary liability for participant and beneficiary investment decisions. Disclosures include (1) a statement that plan is intended to be an ERISA §404(c) plan and that fiduciaries may be released from liability for any losses that are direct and necessary result of investment instructions from participant or beneficiary; (2) required disclosures under ERISA §404(a) (see “Disclosure of Plan Fees and Expenses” under “DOL Requirements”); and (3) a description of confidentiality procedures applicable to investment direction of employer securities in an employer security investment option, if available.
PLANS AFFECTED? DC plans with participant-directed investments that want protection under ERISA §404(c)
SENT TO/
FILED WITH?
Provided to participants and beneficiaries. No filing requirement
SENT BY? Plan administrator
WHEN DUE? ERISA §404(c) disclosures must be provided before a participant makes an investment decision for a plan’s fiduciary liability with respect to decision to be limited

Source: Sibson Consulting’s 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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? No later than 60 days after adoption of modification or change, or at regular intervals of no more than 90 days

Source: Sibson Consulting’s 2016 Reporting & Disclosure Calendar for Benefit Plans.
Copyright © 2015 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 2016 Reporting & Disclosure Calendar for Benefit Plans.
Copyright © 2015 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, provide within 30 days of date that request was sent to plan.

Source: Sibson Consulting’s 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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 2016 Reporting & Disclosure Calendar for Benefit Plans.
Copyright © 2015 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 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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, rent 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 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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), as well as cost of life insurance, if any, purchased in plan that is taxable to participant, and other types of fully or partially taxable distribution amounts
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 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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 2014-74

Notice to recipient of a distribution eligible for rollover to an eligible retirement plan (i.e., an individual retirement account (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? Generally, no less than 30 nor more than 180 days prior to distribution date (or, if plan administrator chooses, annuity starting date)

Source: Sibson Consulting’s 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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” under “Joint DOL/IRS Requirements” 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)” under “Joint DOL/IRS Requirements.” Form 8955-SSA must be filed electronically if plan administrator is required to file 250 returns of any type during calendar year that includes first day of plan year. Returns include information returns (e.g., Form(s) W-2 and 1099), income tax returns, employment tax returns (including quarterly Forms 941) and excise tax returns. A paper filing will be treated as a failure to file if a filer is required to file electronically and does not. For more information, including certain exceptions, see 2014 Instructions for Form 8955-SSA (12/18/14), page 3, “How to File.”

Source: Sibson Consulting’s 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 by The Segal Group, Inc. All rights reserved.

  
ITEM & DESCRIPTION Notice of Intent to Use §401(k) 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. For notice requirements related to mid-year changes in safe-harbor matching or safe-harbor nonelective employer contributions see “Federal Register.”
PLANS AFFECTED? §401(k) plans
SENT TO/
FILED WITH?
Sent to participants and all employees eligible to participate under safe-harbor formula. No filing requirement
SENT BY? Plan administrator
WHEN DUE? Initial notice for new plan or newly eligible employees: No more than 90 days before and no later than eligibility date. Annual notice: No less than 30 nor more than 90 days before beginning of plan year

Source: Sibson Consulting’s 2016 Reporting & Disclosure Calendar for Benefit Plans.
Copyright © 2015 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 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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 & 4065, DOL Reg. §2520.103 & 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. A short form (5500-SF) 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 top hat plans, certain welfare arrangements, apprenticeship plans and dependent-care assistance plans)
SENT TO/
FILED WITH?
Sent to participants and beneficiaries on written request. Filing requirements vary with type and size of plan. 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)” under “Joint DOL/IRS Requirements.” For corporations and controlled groups, where plan year and taxable year are same, deadline is extended to corporate return due date. If filing for a Direct Filing Entity (DFE), 9½ months after close of DFE’s year, no extension is permitted.

5 Schedules 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 2016 Reporting & Disclosure Calendar for Benefit Plans.
Copyright © 2015 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 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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” under “IRS Requirements

Source: Sibson Consulting’s 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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 www.irs.gov/pub/irs-drop/n-07-07.pdf and www.gpo.gov/fdsys/pkg/FR-2008-10-09/html/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? No 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 unless certain requirements are met. Reasonable compliance standard until final regulations are issued

Source: Sibson Consulting’s 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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 and alternate payees expected to be affected and unions representing affected participants. 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 2016 Reporting & Disclosure Calendar for Benefit Plans.
Copyright © 2015 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? No 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 unless certain requirements are met 

Source: Sibson Consulting’s 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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 and 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 QPSAs and does not allow a participant to waive it or to select a nonspouse beneficiary need not provide this notice.

Source: Sibson Consulting’s 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 by The Segal Group, Inc. All rights reserved.

 
ITEM & DESCRIPTION Notice of Benefit Limitations and Restrictions — ERISA §§101(j) & 206(g) & 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? Generally, within 30 days after (1) plan is subject to benefit limitations relating to unpredictable contingent event benefits and prohibited payments or (2) benefit accruals are required to cease

Source: Sibson Consulting’s 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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 covered employment that continues after plan’s 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). Information also required in SPD. Plans that include employment verification requirements and related presumptions must also provide an annual notice.

Source: Sibson Consulting’s 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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 securities of their employer of right to diversify into alternative investments and importance of diversification.  A sample notice is available from IRS. See Notice 2006-107IRS regulations provide exceptions for plans that hold employer securities indirectly as part of certain specified broader investment funds that meet certain requirements.
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 before date participant is first eligible to exercise right of diversification

Source: Sibson Consulting’s 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 by The Segal Group, Inc. All rights reserved.

   
ITEM & DESCRIPTION Notice of §401(k) Qualified Automatic Contribution Arrangement (QACA) & Eligible Automatic Contribution Arrangement (EACA) — IRC §§401(k)(13)(E) & 414(w)(4), ERISA §§404(c)(5) & 514(e)(3), 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 but no more than 90 days before beginning of plan year is deemed to be reasonable. Employees hired after beginning of year must be given notice a reasonable time prior to first payroll deduction.

Source: Sibson Consulting’s 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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 absence of participant direction. Notice may be combined with QACA, EACA or other ERISA §404(c) notices. (See “Section 404(c) Disclosures” under “DOL Requirements.”) 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 an 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 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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 2016 Reporting & Disclosure Calendar for Benefit Plans.
Copyright © 2015 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 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 by The Segal Group, Inc. All rights reserved.

   
ITEM & DESCRIPTION Michelle's Law — ERISA §714 & 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 use student status to determine eligibility for those age 26 or older

Source: Sibson Consulting’s 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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 and variable-rate premium payment
PLANS AFFECTED? DB plans
SENT TO/
FILED WITH?
No participant reporting requirement. Filed with PBGC. Electronic filing is mandatory, absent a PBGC-granted exemption for good cause.
SENT BY? Plan administrator
WHEN DUE? Generally, 15th day of 10th calendar month after first day of plan year

Source: Sibson Consulting’s 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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 plan sponsor or controlled group member, insolvency, transfer of benefit liabilities, extraordinary dividend or stock redemption, application for minimum funding waiver or loan default. New final regulations in effect for reports due on or after 1/1/16.
PLANS AFFECTED? DB plans sponsored by a member of a controlled group with no non-public companies if members have single-employer plans that have aggregate unfunded vested benefits totaling more than $50 million and an aggregate vested benefit funding percentage of less than 90%
SENT TO/
FILED WITH?
No participant reporting requirement. Filed with PBGC; electronic filing required
SENT BY? Plan sponsor
WHEN DUE? In general, plan sponsor must notify PBGC 30 days before effective date of 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 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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, insolvency, extraordinary dividend or stock redemption, application for minimum funding waiver, and loan default unless an exception is satisfied. New final regulations in effect for reports due on or after 1/1/16.
PLANS AFFECTED? DB plans
SENT TO/
FILED WITH?
No participant reporting requirement. Filed with PBGC; electronic filing required
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, including, for some events, good financial health of sponsor or plan not owing variable-rate premiums.

Source: Sibson Consulting’s 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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? DB plans, except DB plans in a controlled group where all PBGC-covered single-employer plans of controlled group members have in aggregate less than $15 million in unfunded vested benefits. On 7/27/15, PBGC proposed limiting $15 million exception to controlled groups having fewer than 500 participants, with proposed applicability to information years beginning after 12/31/15. See www.pbgc.gov/Documents/2015-18177.pdf
SENT TO/
FILED WITH?
No participant reporting requirement. Filed with PBGC. Electronic filing required in most circumstances.
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). 

Source: Sibson Consulting’s 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 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 reaches $1 million. New final regulations in effect for events occurring on or after 1/1/16. See www.gpo.gov/fdsys/pkg/FR-2015-09-11/pdf/2015-22941.pdf
PLANS AFFECTED? DB plans
SENT TO/
FILED WITH?
No participant reporting requirement. Filed with PBGC; electronic filing required
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 that was not paid when due

Source: Sibson Consulting’s 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 by The Segal Group, Inc. All rights reserved.

 
ITEM & DESCRIPTION Substantial Cessation of Operations Notice — ERISA §§4062(e) (as revised in its entirety, effective 12/16/14, by Pub. L.113-235 (H.R. 83), Consolidated and Further Continuing Appropriations Act, 2015, Division P, Section 1) & 4063 

Notice to advise PBGC of permanent cessations of operations at a facility in any location if, as a result of such cessation, there is a “workforce reduction” of more than 15% of all “eligible employees.” Requirement does not apply to a plan if —for year before year of cessation — it did not have at least 100 participants as of its valuation date or if ratio of market value of assets to funding target was 90% or greater. Generally, applies to all cessations of operations before, on or after 12/16/14, unless a settlement agreement was entered into before 6/1/14. For additional information about revisions to §4062(e), including circumstances in which notice requirement is triggered, see www.pbgc.gov/about/faq/pg/important-changes-to-erisa-section-4062(e).html
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 2016 Reporting & Disclosure Calendar for Benefit Plans
Copyright © 2015 by The Segal Group, Inc. All rights reserved.

1 The 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.

This Reporting & Disclosure Calendar for Benefit Plans, which was posted in December 2015, 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 © 2015 by The Segal Group, Inc. All rights reserved.

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