Sunday, November 6, 2011

US Labor Laws / ERISA - Employee Benefit Pension Plan Administrators filing Requirements - Annual Report - Form 5500

US Labor Laws / ERISA /Pension Benefit Guarantee Corp. (PBGC) Annual Reporting Requirements under Part 4065 - Annual Report - PBGC /IRS / DOL Form 5500 for Plan Sponsors.

Basis in US Labor Rules:
§ 4065.1 Purpose and scope.
The purpose of this part is to specify the form and content of the Annual Report required by section 4065 of ERISA. This part applies to all plans covered by title IV of ERISA.

§ 4065.2 Definitions.

The following terms are defined in §4001.2 of this chapter: ERISA, IRS, PBGC, and plan.

§ 4065.3 Filing requirement.

(a) The requirement to report the occurrence of a reportable event under section 4043 of ERISA in the Annual Report is waived.

(b) Plan administrators shall file the Annual Report on IRS/DOL/PBGC Form 5500, 5500–C, 5500–K or 5500–R, as appropriate, in accordance with the instructions therein.
(Approved by the Office of Management and Budget under control number 1212–0026)
[61 FR 34082, July 1, 1996, as amended at 61 FR 63998, Dec. 2, 1996]

Note: ALL US Labor Laws and IRS Rules are subject to change and update with changes in Law you must confirm as filing or relying.

DOL / ERISA -IRS Form 5500 Series:

From US DOL:

The Department of Labor, Internal Revenue Service, and the Pension Benefit Guaranty Corporation jointly developed the Form 5500 Series so employee benefit plans could utilize the Form 5500 Series forms to satisfy annual reporting requirements under Title I and Title IV of ERISA and under the Internal Revenue Code.

The Form 5500 Series is an important compliance, research, and disclosure tool for the Department of Labor, a disclosure document for plan participants and beneficiaries, and a source of information and data for use by other Federal agencies, Congress, and the private sector in assessing employee benefit, tax, and economic trends and policies. The Form 5500 Series is part of ERISA's overall reporting and disclosure framework, which is intended to assure that employee benefit plans are operated and managed in accordance with certain prescribed standards and that participants and beneficiaries, as well as regulators, are provided or have access to sufficient information to protect the rights and benefits of participants and beneficiaries under employee benefit plans.

Electronic Filing Requirement:

Effective January 1, 2010, all Form 5500 Annual Returns/Reports of Employee Benefit Plan and all Form 5500-SF Short Form Annual Returns/Reports of Small Employee Benefit Plan and any required schedules and attachments, must be completed and filed electronically using EFAST2-approved third-party software or using IFILE. For more information on completing and filing forms electronically through EFAST2, see the EFAST2 FAQs and publications.

You cannot submit a Schedule SSA (Annual Registration Statement for Deferred Vested Participants) to EFAST2, even for delinquent or amended filings for plan years prior to 2009. Form 8955-SSA, Annual Registration Statements for Deferred Vested Participants must instead be filed directly with the Internal Revenue Service. For information on how to submit an annual registration statement for deferred vested participants, see IRS Retirement Plans Community - Form 5500 Corner.

Certain Form 5500-EZ filers may file the Form 5500-SF electronically with EFAST2 rather than filing a paper copy of the Form 5500-EZ with the IRS. For more information, see EFAST2 FAQ 1. For information on how to submit an annual registration statement for deferred vested participants, please see IRS Retirement Plans Community - Form 5500 Corner.

The instructions for the 2010 Form 5500 and 2010 Form 5500-SF told defined benefit pension plans and certain money purchase plans that the plan's 2010 Form 5500 or 2010 Form 5500-SF could not be filed until additional regulatory guidance was issued on the Pension Protection Act and the final Schedules MB and SB instructions were published. The 2010 Schedules MB and SB instructions are now available; affected plans may now file their 2010 Form 5500 or Form 5500-SF. The caveats in the 2010 Form 5500 and Form 5500-SF instructions have been eliminated.

Link to DOL on Form 5500

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