Reporting And Disclosure Guide For Employee Benefit Plans 0

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Reporting and Disclosure Guide
for Employee Benefit Plans
=
This publication has been developed by the U.S. Department of Labor, Employee Benefits Security Administration (EBSA).
To view this and other EBSA publications, visit the agency's Website at: dol.gov/agencies/ebsa.
To order publications or speak with a benefits advisor, contact EBSA electronically at: askebsa.dol.gov.
Or call toll free: 866-444-3272
This material will be made available in alternative format to persons with disabilities upon request:
Voice phone: (202) 693-8664
TTY: (202) 501-3911
This booklet constitutes a small entity compliance guide for purposes of the Small Business Regulatory Enforcement Fairness Act of 1996.
Reporting and Disclosure
Guide for Employee
Benet Plans
U.S. Department of Labor
Employee Benets Security Administration
September 2017
Introduction
This Reporting and Disclosure Guide for Employee Benefit Plans
has been prepared by the U.S. Department of Labor’s Employee
Benefits Security Administration (EBSA) with assistance from the
Pension Benet Guaranty Corporation (PBGC). It is intended
to be used as a quick reference tool for certain basic reporting
and disclosure requirements under the Employee Retirement
Income Security Act of 1974 (ERISA). Not all ERISA reporting and
disclosure requirements are reected in this guide. For example,
the guide, as a general maer, does not focus on disclosures
required by the Internal Revenue Code or the provisions of ERISA
for which the Department of the Treasury and Internal Revenue
Service (IRS) have regulatory and interpretive authority. For more
information on IRS notice and disclosure requirements, please visit
the IRS Website at irs.gov/Retirement-Plans/Retirement-Plan-
Reporting-and-Disclosure.
The guide contains, on page 23, a list of EBSA and PBGC resources,
including agency Internet sites, where laws, regulations, and
other guidance are available on ERISA’s reporting and disclosure
requirements. Readers should refer to the law, regulations,
instructions for any applicable form, or other ocial guidance
issued by EBSA or the PBGC for complete information on ERISA’s
reporting and disclosure requirements.
This guide contains three chapters. The rst chapter, beginning on
page 2, provides an overview of the most common disclosures that
administrators of employee benet plans are required to furnish
to participants, beneciaries, and certain other individuals under
Title I of ERISA. The chapter has three sections: Basic Disclosure
Requirements for Retirement and Welfare Benet Plans; Additional
Disclosure Requirements for Welfare Benet Plans That Are
Group Health Plans; and Additional Disclosure Requirements for
Retirement Plans.
The second chapter, beginning on page 15, provides an overview
of reporting and disclosure requirements for dened benet
pension plans under Title IV of ERISA. The PBGC administers
these provisions. The chapter focuses primarily on single-employer
plans and has four sections. The rst section - Pension Insurance
Premiums - applies to covered single-employer and multiemployer
dened benet plans. The last three sections - Standard
Terminations, Distress Terminations, and Reportable Events and
Other Reports - apply only to covered single-employer dened
benet plans.
The third chapter, beginning on page 18, provides an overview of
the Form 5500 and Form M-1 Annual Reporting requirements. The
chapter consists of the following quick reference charts: Pension
and Welfare Benet Plan Form 5500 Quick Reference Chart and
Form M-1 Quick Reference Chart.
This Department of Labor publication is intended to improve public
access to information about the reporting and disclosure rules
under ERISA. It has been updated as of September 2017. Please
be sure to check for current laws and regulations on the reporting
and disclosure provisions included in this publication on EBSA’s
Website at dol.gov/agencies/ebsa
1
Overview of ERISA Title I Basic Disclosure Requirements1*
Section 1: Basic Disclosure Requirements for Retirement and Welfare Benet Plans
Document
Primary vehicle for informing participants
and beneciaries about their plan and
how it operates. Must be wrien for
average participant and be suciently
comprehensive to apprise covered persons of
their benets, rights, and obligations under
the plan. Must accurately reect the plan’s
contents as of the date not earlier than 120
days prior to the date the SPD is disclosed.
See 29 CFR §§ 2520.102-2 and 2520.102-3 for
style, format, and content requirements.
Participants and those pension plan
beneciaries receiving benets. (Also see
“Plan Documents” below for persons with
the right to obtain SPD upon request).
See 29 CFR § 2520.102-2(c) for provisions on
foreign language assistance when a certain
portion of plan participants are literate only
in the same non-English language.
Automatically to participants within
90 days of becoming covered by the
plan and to pension plan beneciaries
within 90 days after rst receiving
benets. However, a plan has 120 days
after becoming subject to ERISA to
distribute the SPD. Updated SPD must be
furnished every 5 years if changes made
to SPD information or plan is amended.
Otherwise must be furnished every 10
years. See 29 CFR § 2520.104b-2.
Summary of Material Modification
(SMM)
Describes material modications to a plan
and changes in the information required to
be in the SPD. Distribution of updated SPD
satises this requirement. See 29 CFR
§ 2520.104b-3.
Participants and those pension plan
beneciaries receiving benets. (Also see
“Plan Documents” below for persons with
the right to obtain SMM upon request).
Automatically to participants and pension
plan beneciaries receiving benets; not
later than 210 days after the end of the
plan year in which the change is adopted.
Summary Annual Report (SAR) Narrative summary of the Form 5500. See 29
CFR § 2520.104b-10(d) for prescribed format.
Participants and those pension plan
beneciaries receiving benets. For plan
years beginning after December 31, 2007,
the SAR is no longer required for dened
benet pension plans to which Title IV
applies, and which now instead provide the
annual funding notice (see below).
Automatically to participants and pension
plan beneciaries receiving benets within
9 months after end of plan year, or 2
months after due date for ling Form 5500
(with approved extension).
Notification of Benefit
Determination (Claims Notices or
“Explanation of Benefits”)
Information regarding benet claim
determinations. Adverse benet
determinations must include required
disclosures (e.g., the specic reason(s)
for the denial of a claim, reference to the
specic plan provisions on which the benet
determination is based, and a description of
the plan’s appeal procedures).
Claimants (participants and beneciaries or
authorized claims representatives).
Requirements vary depending on type of
plan and type of benet claim involved.
See 29 CFR § 2560.503-1 for prescribed
claims procedures requirements.
Plan Documents The plan administrator must furnish
copies of certain documents upon wrien
request and must have copies available for
examination. The documents include the
latest updated SPD, latest Form 5500, trust
agreement, and other instruments under
which the plan is established or operated.
Participants and beneciaries. Also
see 29 CFR § 2520.104a-8 regarding
the Department’s authority to request
documents.
Copies must be furnished no later
than 30 days after a wrien request.
Plan administrator must make copies
available at its principal oce and
certain other locations as specied in 29
CFR § 2520.104b-1(b).
*All footnotes for this chapter are on page 8.
2
Type of Information To Whom When
Summary Plan Description (SPD)
Section 2: Additional Disclosure Requirements for Welfare Benet Plans That Are Group Health Plans 2
Summary of group health plan amendments
and changes in information required to be
in SPD that constitute a “material reduction
in covered services or benets.” See 29 CFR
§ 2520.104b-3(d)(3) for denitions.
Participants. Generally within 60 days of adoption of
material reduction in group health plan
services or benets. See 29 CFR
§ 2520.104b-3(d)(2) regarding 90-day
alternative rule for furnishing the required
information.
COBRA General Notice3 Notice of the right to purchase temporary
extension of group health coverage when
coverage is lost due to a qualifying event. See
29 CFR § 2590.606-1.
For more information, visit dol.gov/agencies/
ebsa/laws-and-regulations/laws/COBRA.
A model notice is available at dol.gov/
agencies/ebsa/laws-and-regulations/laws/
COBRA/model-general-notice.doc.
Covered employees and covered spouses. When group health plan coverage
commences.
COBRA Election Notice3 Notice to “qualied beneciaries” of
their right to elect COBRA coverage upon
occurrence of qualifying event as well as
information about other coverage options
available, such as through the Marketplace.
See 29 CFR § 2590.606-4.
For more information, visit dol.gov/agencies/
ebsa/laws-and-regulations/laws/COBRA.
A model notice is available at dol.gov/
agencies/ebsa/laws-and-regulations/laws/
COBRA/model-election-notice.doc.
Covered employees, covered spouses,
and dependent children who are qualied
beneciaries.
The administrator must generally provide
qualied beneciaries with this notice,
generally within 14 days after being notied
by the employer or qualied beneciary of
the qualifying event. If the employer is also
the plan administrator, the administrator
must provide the notice not later than 44
days after: the date on which the qualifying
event occurred; or if the plan provides that
COBRA continuation coverage starts on the
date of loss of coverage, the date of loss of
coverage due to a qualifying event.
Notice of Unavailability of COBRA Notice that an individual is not entitled to
COBRA coverage. See 29 CFR § 2590.606-
4(c).
Individuals who provide notice to the
administrator of a qualifying event whom
the administrator determines are not eligible
for COBRA coverage.
The administrator must provide this
notice generally within 14 days after being
notied by the individual of the qualifying
event.
Notice of Early Termination of COBRA
Coverage
Notice that a qualied beneciary’s COBRA
coverage will terminate earlier than the
maximum period of coverage. See 29 CFR
§ 2590.606-4(d).
Qualied beneciaries whose COBRA
coverage will terminate earlier than the
maximum period of coverage.
As soon as practicable following the
administrator’s determination that coverage
will terminate.
Medical Child Support Order (MCSO)
Notice
Notication from plan administrator
regarding receipt and qualication
determination on a MCSO directing the plan
to provide health coverage to a participant’s
noncustodial children. See ERISA § 609(a)(5)
(A) for prescribed requirements.
Participants, any child named in a MCSO,
and his or her representative.
Administrator, upon receipt of MCSO, must
promptly issue notice (including plan’s
procedures for determining its qualied
status). Administrator must also issue separate
notice as to whether the MCSO is qualied
within a reasonable time after its receipt.
3
Document
Summary of Material Reduction in
Covered Services or Benefits
Type of Information To Whom When
Document Type of Information To Whom When
National Medical Support (NMS)
Notice
Notice used by state agency responsible
for enforcing health care coverage
provisions in a MCSO. See ERISA § 609(a)
(5) and 29 CFR § 2590.609-2 for prescribed
requirements. Depending upon certain
conditions, employer must complete and
return Part A of the NMS notice to the state
agency or transfer Part B of the notice to the
plan administrator for a determination on
whether the notice is a qualied MCSO.
State agencies, employers, plan
administrators, participants, custodial
parents, children, representatives.
Employer must either send Part A
to the state agency, or Part B to plan
administrator, within 20 days after the
date of the notice or sooner, if reasonable.
Administrator must promptly notify
affected persons of receipt of the notice
and the procedures for determining its
qualied status. Administrator must within
40 business days after its date or sooner,
if reasonable, complete and return Part B
to the state agency and must also provide
required information to affected persons.
Under certain circumstances, the employer
may be required to send Part A to the state
agency after the plan administrator has
processed Part B.
Notice of Special Enrollment Rights4 Notice describing the group health plan’s
special enrollment rules including the right
to special enroll within 30 days of the loss
of other coverage or of marriage, birth of a
child, adoption, or placement for adoption.
See 29 CFR § 2590.701-6(c) for prescribed
requirements as well as a model notice.
Employees eligible to enroll in a group
health plan.
At or before the time an employee is
initially offered the opportunity to enroll in
the group health plan.
Employer CHIPRA Notice Employer (rather than plan) must inform
employees of possible premium assistance
opportunities available in the state they
reside. A model notice is available at dol.
gov/agencies/ebsa/laws-and-regulations/
laws/chipra. See 75 FR 5808-11 for more
prescribed requirements.
All employees regardless of enrollment or
eligibility status.
Notice must be furnished annually.
Wellness Program Disclosure4 Notice given by any group health plan
offering a health contingent wellness
program in order to obtain a reward.
The notice must disclose the availability
of a reasonable alternative standard (or
possibility of waiver of the otherwise
applicable standard). Disclosure must
include contact information for obtaining
the alternative and a statement that
recommendations of an individual’s
personal physician will be accommodated.
See 29 CFR § 2590.702(f)(2)(v) for prescribed
requirements as well as model language.
Participants and beneciaries eligible to
participate in a health contingent wellness
program in order to obtain a reward.
In all plan materials that describe the terms
of a health contingent wellness program
(both activity-only and outcome-based
wellness programs). For outcome-based
wellness programs, this notice must
also be included in any disclosure that
an individual did not satisfy an initial
outcome-based standard. If the plan
materials merely mention that a program is
available, without describing its terms, this
disclosure is not required.
4
Newborns’ Act Description of Rights4 Notice must include a statement describing
any requirements under federal or state
law that relate to a hospital length of
stay in connection with childbirth. If the
federal law applies in some areas in which
the plan operates and state law applies in
other areas, the SPD should describe the
federal or state requirements applicable to
each area. See 29 CFR § 2520.102-3(u) for
prescribed requirements as well as model
language.
Participants. Notice must be included in the
Summary Plan Description.
Michelle’s Law Enrollment Notice Must include a description of the Michelle’s
Law provision for continued coverage
during medically necessary leaves of
absence. See ERISA section 714(c).
Participants and beneciaries. Notice must be included with any notice
regarding a requirement for certication
of student status for coverage under the
plan. Note: Under the Affordable Care
Act, plans cannot deny or restrict coverage
for a child under the age of 26 based on
student status.
Women’s Health and Cancer Rights Act
(WHCRA) Notices4
Notice describing required benets for
mastectomy-related reconstructive surgery,
prostheses, and treatment of physical
complications of mastectomy.
Participants. Notice must be furnished upon enrollment
and annually.
Mental Health Parity and Addiction
Equity Act (MHPAEA) Criteria for
Medically Necessary Determination
Notice
Notice must provide beneciaries
the criteria for medically necessary
determinations with respect to mental
health/substance use disorder benets.
See 29 CFR § 2590.712(d)(1).
Any current or potential participant,
beneciary or contracting provider.
Notice must be provided upon request.
MHPAEA Claims Denial Notice Notice must provide the reason for any
denial of reimbursement or payment for
services with respect to mental health/
substance use disorder benets. See 29 CFR
§ 2590.712(d)(2).
Participant or beneciaries. Notice must be provided upon request or
as otherwise required by other laws.
MHPAEA Increased Cost Exemption A group health plan claiming MHPAEA’s
increased cost exemption must furnish a
notice of the plan’s exemption from the
parity requirements. See 29 CFR
§ 2590.712(g)(6).
Participants, beneciaries, EBSA and state
regulators.
Notice must be provided if using the cost
exemption.
Grandfathered Plan Disclosure/Notice4 Notice must disclose that the plan is
grandfathered and must include contact
information. See 29 CFR § 2590.715-1251(a)
(2).
Participants and beneciaries. Notice must be included in any plan
materials describing the benets or health
coverage.
5
Document Type of Information To Whom When
Document Type of Information To Whom When
Summary of Benefits and Coverage
(SBC) and Uniform Glossary
A template that describes the benets and
coverage under the plan, and a uniform
glossary dening statutorily and NAIC
recommended terms. See 29 CFR
§ 2590.715-2715(a) and (c). The required
SBC template is available at dol.gov/sites/
default/files/ebsa/laws-and-regulations/
laws/affordable-care-act/for-employers-and-
advisers/sbc-template.pdf and the Uniform
Glossary is available at dol.gov/sites/default/
files/ebsa/laws-and-regulations/
laws/affordable-care-act/for-employers-and-
advisers/sbc-uniform-glossary-of-coverage-
and-medical-terms.pdf. The SBC must include
an Internet address where an individual can
review the Uniform Glossary as well as contact
information for obtaining a paper copy.
Plans (provided by group health insurance
issuers). Participants and beneciaries.
SBC must be provided to participants and
beneciaries with enrollment materials
and upon renewal or reissuance of
coverage. SBC must also be provided to
special enrollees no later than the date by
which an SPD is required to be provided
(90 days from enrollment).
The SBC and a copy of the Uniform
Glossary must also be provided upon
request within 7 days.
Summary of Benefits and Coverage:
Notice of Modification
If a plan makes a material modication in any
of the plan terms that would affect the content
of the SBC that is not reected in the most
recently provided SBC, the plan must provide
notice of such change. This does not apply
to changes that occur in connection with a
renewal or reissuance. See 29 CFR § 2590.715-
2715(b).
Participants and beneciaries. Notice must be provided no later than
60 days prior to the date on which the
modication will become effective.
Notice Regarding Designation of a
Primary Care Provider 4 If a non-grandfathered plan requires a
participant or beneciary to designate a
primary care provider, the plan must provide
notice of the terms of the plan or coverage
regarding designation of a primary care
provider and participants’ rights to designate
any participating primary care provider who is
available to accept the participant; with respect
to a child to designate any participating
physician who specializes in pediatrics; and
that the plan may not require authorization
or referral for OB/GYN care by a participating
OB/GYN professional. See 29 CFR § 2590.715-
2719A(a)(4). Model language is available at
Participants. Notice must be provided with the
Summary Plan Description or any other
similar description of benets.
dol.gov/agencies/ebsa/laws-and-regulations/
laws/affordable-care-act/for-employers-and-
advisers/patient-protection-model-notice.doc.
6
Document Type of Information To Whom When
Internal Claims and Appeals and Internal Claims and Appeals: Non- For internal claims and appeals, the notices For internal claims and appeals, timing
External Review Notices 4 grandfathered plans must provide notice of
adverse benet determination and notice of
nal internal adverse benet determination.
See 29 CFR § 2590.715-2719(b)(2)(ii)(E) for
specic content requirements. Model notices
are available at
• dol.gov/agencies/ebsa/laws-and-
regulations/laws/affordable-care-act/
for-employers-and-advisers/revised-
model-notice-of-adverse-benefit-
determination.doc
• dol.gov/agencies/ebsa/laws-and-
regulations/laws/affordable-care-act/
for-employers-and-advisers/revised-
model-notice-of-final-internal-
adverse-benefit-determination.doc
External Review: After an external review,
the independent review organization (IRO)
will issue a notice of nal external review
decision. See state law, Technical Release
2010-01 or 29 CFR § 2590.715-2719 (c) and
(d) for prescribed requirements.
Model notice for the federal process under
the Technical Release and nal rule are
available at dol.gov/agencies/ebsa/laws-
and-regulations/laws/affordable-care-act/
for-employers-and-advisers/revised-
model-notice-of-final-external-review-
decision.doc.
are provided to claimants. For Federal
external review pursuant to the Technical
Release, the notices are provided by the IRO
to claimants and plan.
of the notices vary based on the type of
claim. For external review the timing of
the notice may vary based on the type
of claims and whether the state or the
federal process applies. See 29 CFR
§ 2590.715-2719 for more information.
External Review Process Disclosure Non-grandfathered plans must provide
a description of the external review
process in or aached to the summary
plan description, policy, certicate, or
other evidence of coverage provided to
participants, beneciaries, or enrollees. See
Technical Release 2011-02 and 29 CFR
§ 2590.715-2719(c) for more information.
Participants and beneciaries. The description of external review
processes must be provided in the
summary plan description or other
evidence of coverage provided to
enrollees.
7
Document Type of Information To Whom When
EBSA Form 700 EBSA Form 700 is a form used when
an organization wishes to claim an
accommodation with respect to the
requirement to cover certain contraceptive
services without cost sharing. Other
methods to invoking an accommodation,
such as providing a notice to the Secretary
of HHS, are also available.
EBSA Form 700 is provided by the
organization or its plan to the plan’s
health insurance issuer or third party
administrator.
Notice to the Secretary of HHS should be
sent by email or U.S. mail to HHS.
EBSA Form 700 is available online at:
dol.gov/agencies/ebsa/laws-and-
regulations/laws/affordable-care-act/
for-employers-and-advisers/coverage-of-
preventive-services.
Information about providing notice to HHS
is available online at dol.gov/sites/default/
files/ebsa/laws-and-regulations/laws/
affordable-care-act/for-employers-and-
advisers/model-notice-to-secretary-of-hhs.
pdf.
Employer Notice to Employees of
Coverage Options
Employers subject to the Fair Labor
Standards Act must provide a wrien notice
informing the employee of the existence of
the Marketplace, the potential availability of
a tax credit and that an employee may lose
the employer contribution if the employee
purchases a qualied health plan. See
Technical Release 2013-02 and FLSA 18B for
prescribed requirements. A model notice
is available at dol.gov/agencies/ebsa/laws-
and-regulations/laws/affordable-care-act/
for-employers-and-advisers/coverage-
options-notice.
Must be provided by the employer to all
employees regardless of plan eligibility or
part-time or full-time status.
Notice must be provided to all new
employees.
1 Please refer to the Department’s regulations and other guidance for information on the extent to which charges may be assessed to cover the cost of furnishing particular information, statements, or documents to
participants and beneciaries required under Title I of ERISA. See, e.g., 29 CFR § 2520.104b-30.
2 The term “group health plan” means an employee welfare plan to the extent that the plan provides medical care to employees or their dependents directly or through insurance, reimbursement or otherwise.
3 COBRA generally applies to group health plans of employers who employed 20 or more employees during the prior calendar year. Provisions of COBRA covering state and local government plans are administered by
the Department of Health and Human Services. COBRA does not apply to plans sponsored by certain church-related organizations.
4 For more information, see EBSA’s Compliance Assistance Guide: Health Benets Coverage Under Federal Law.
8
Section 3: Additional Disclosure Requirements for Retirement Plans
Document Type of Information To Whom When
Periodic Pension Benefit Statement Content of statements varies depending on
the type of plan.
In general, all statements must indicate total
benets and total nonforfeitable pension
benets, if any, which have accrued, or
earliest date on which benets become
nonforfeitable.
Benet statements for an individual account
plan must also provide the value of each
investment to which assets in the individual
account have been allocated.
Benet statements for individual account
plans that permit participant investment
direction must also include an explanation
of any limitation or restriction on any right
of the participant or beneciary under the
plan to direct an investment; an explanation
of the importance of a well-balanced and
diversied portfolio, including a statement
of the risk that holding more than 20
percent of a portfolio in the security of an
entity (such as employer securities) may
not be adequately diversied; and a notice
directing the participant or beneciary to
the Internet Website of the Department
of Labor for sources of information on
individual investing and diversication.
See ERISA § 105.
Participants and beneciaries In general, at least once each quarter for
individual account plans that permit
participants to direct their investments;
at least once each year, in the case of
individual account plans that do not
permit participants to direct their
investments; and at least once every three
years in case of dened benet plans or,
in the alternative, dened benet plans
can satisfy this requirement if at least
once each year the administrator provides
notice of the availability of the pension
benet statement and the ways to obtain
such statement. In addition, the plan
administrator of a dened benet plan
must furnish a benet statement to a
participant or beneciary upon wrien
request, limited to one request during any
12-month period. In addition, the plan
administrator of an individual account
plan must furnish a benet statement
upon request to a beneciary that does not
receive statements automatically, limited
to one request during any 12-month
period.
Statement of Accrued and
Nonforfeitable Benefits Statements of total accrued benets and
total nonforfeitable pension benets, if any,
which have accrued, or the earliest date on
which benets become nonforfeitable. See
ERISA § 209.
Participants The plan administrator shall provide a
statement to participants upon request,
upon termination of service with the
employer, or after the participant has a
1-year break in service. Not more than
one statement shall be required in any
12-month period for statements provided
upon request. Not more than one
statement shall be required with respect to
consecutive 1-year breaks in service.
9
Document Type of Information To Whom When
DocumentDocument Type of InformationType of Information To WhomTo Whom WhenWhen
Suspension of Benefits Notice Notice that benet payments are being
suspended during certain periods of
employment or reemployment. See 29 CFR
§ 2530.203-3 for prescribed requirements.
Employees whose benets are suspended. During rst month or payroll period
in which the withholding of benet
payments occurs.
Notice of Transfer of Excess Pension Notication of transfer of dened benet Employer sponsoring pension plan from Notices must be given not later than 60
Assets to Retiree Health plan excess assets to retiree health benet which transfer is made must give notice to days before the date of the transfer. The
BenefitAccount account. See ERISA § 101(e) for prescribed
requirements.
the Secretaries of Labor and the Treasury,
each employee organization representing
plan participants, and the plan
administrator. Plan administrator must
notify each participant and beneciary
under the plan.
employer notice also must be available
for inspection in the principal oce of
the administrator.
Domestic Relations Order (DRO) Notications from plan administrator Participants, and alternate payees (i.e., Administrator, upon receipt of the DRO,
and Qualified Domestic Relations regarding its receipt of a DRO, and upon spouse, former spouse, child, or other must promptly issue the notice
Order (QDRO) Notices a determination as to whether the DRO is
qualied. For more information see ERISA
§ 206(d)(3) and the EBSA booklet QDROs:
The Division of Retirement Benets
Through Qualied Domestic Relations
Orders.
dependent of a participant named in a
DRO as having a right to receive all or a
portion of the participant’s plan benets).
(including the plan’s procedures for
determining its qualied status). The
second notice, regarding whether the
DRO is qualied, must be issued within
a reasonable period of time after receipt
of the DRO.
Notice of Significant Reduction in Notice of plan amendments to dened Participants, alternate payees under a Except as provided in regulations
Future BenefitAccruals benet plans and certain dened QDRO, contributing employers, and certain prescribed by the Secretary of the
contribution plans that provide for a employee organizations. Treasury, notice must be provided
signicant reduction in the rate of future within a reasonable time, generally 45
benet accruals or the elimination or days, before the effective date of a plan
signicant reduction in an early retirement amendment subject to ERISA. See
benet or retirement-type subsidy. See 26 § 204(h) of ERISA and IRC § 4980F.
CFR § 54.4980F-1 for further information.
Notice of Failure to Meet Minimum
Funding Standards
Notication of failure to make a required
installment or other plan contribution to
satisfy minimum funding standard within
60 days of contribution due date. (Not
applicable to multiemployer plans.) See
ERISA § 101(d) for more information.
Participants, beneciaries, and alternative
payees under QDROs.
Must be furnished within a “reasonable”
period of time after the failure. Notice
is not required if a funding waiver is
requested in a timely manner; if waiver is
denied, notice must be provided within
60 days after the denial.
Section 404(c) Plan Disclosures Investment-related and certain other
disclosures for participant-directed
individual account plans described in 29
CFR § 2550.404c-1, including blackout
notice for participant-directed individual
account plans described in ERISA section
404(c)(1)(A)(ii), as described below. Special
rules apply for qualied investment options
under ERISA section 404(c)(4)(C).
Participants and beneciaries, as
applicable.
Certain information should be furnished
to participants or beneciaries before the
time when investment instructions are
to be made; certain information must be
furnished upon request.
10
Document Type of Information To Whom WhenDocument Type of Information To Whom When
DocumentDocumentDocument Type of InformationType of InformationType of Information To WhomTo WhomTo Whom WhenWhenWhen
Notice of Blackout Period for Notication of any period of more than Participants and beneciaries of individual Generally at least 30 days but not more
Individual Account Plans 3 consecutive business days when there
is a temporary suspension, limitation or
restriction under an individual account plan
on directing or diversifying plan assets,
obtaining loans, or obtaining distributions.
account plans affected by such blackout
periods and issuers of affected employer
securities held by the plan.
than 60 days advance notice. See ERISA
§ 101(i) and 29 CFR § 2520.101-3 for
further information on the notice
requirement.
Advance notice to participants and Participants and beneciaries on whose An initial notice must be furnished at least
Qualified Default Investment
Alternative Notice* beneciaries describing the circumstances
under which contributions or other
assets will be invested on their behalf in a
qualied default investment alternative,
the investment objectives of the qualied
default investment alternative, and the right
of participants and beneciaries to direct
investments out of the qualied default
investment alternative. See 29 CFR
§ 2550.404c-5. See also ERISA § 514(e)(3).
behalf an investment in a QDIA may be
made.
30 days in advance of the date of plan
eligibility, or at least 30 days in advance
of the date of any rst investment in a
qualied default investment alternative
on behalf of a participant or beneciary;
or on or before the date of plan eligibility
if the participant has the opportunity to
make a permissible withdrawal within the
rst 90 days. Further, there is an annual
notice requirement within a reasonable
period of time of at least 30 days in
advance of each subsequent plan year.
See 29 CFR § 2550.404c-5.
Automatic Contribution Arrangement
Notice*
A plan administrator of an automatic
contribution arrangement shall provide a
notice under ERISA § 514(e)(3). Generally,
this notice shall inform participants of
their rights and obligations under the
arrangement.
Each participant to whom the arrangement
applies. See ERISA § 514(e)(3).
The plan administrator of an automatic
contribution arrangement shall, within a
reasonable period before such plan year,
provide the notice. See ERISA § 514(e)(3).
Annual Funding Notice Basic information about the status and
nancial condition of the dened benet
pension plan, including the plan’s
funding percentage; assets and liabilities;
demographic information regarding
active, retired and separated from
service participants; the funding policy;
endangered, critical or critical and declining
Participants, beneciaries receiving benets,
alternate payees receiving benets, labor
organizations representing participants
under the plan, each employer of a
multiemployer plan that is a party to a
collective bargaining agreement pursuant to
which a plan is maintained or who would
be subject to withdrawal liability, and the
Not later than 120 days after the plan
year for large plans. Small plans (100 or
fewer participants on each day during the
plan year preceding the notice year) must
furnish the notice no later than the earlier
of the date on which the annual report is
led or the latest date the annual report
must be led (including extensions).
status; explanation of events having a
material effect on liabilities or assets; rules
on termination or insolvency; a description
of the benets guaranteed by the PBGC;
annual report information; information
disclosed to the PBGC, if applicable;
and any additional information the plan
administrator elects to include. See ERISA
§ 101(f) and 29 CFR § 2520.101-5.
PBGC.
* Use of the IRS sample Automatic Enrollment Notice posted on the IRS website may be used to satisfy these two notice requirements. See Field Assistance Bulletin 2008-03, Question 8.
11
Document Type of Information To Whom WhenDocument Type of Information To Whom When
DocumentDocumentDocument Type of InformationType of InformationType of Information To WhomTo WhomTo Whom WhenWhenWhen
Multiemployer Plan Summary Report Certain nancial information, such as
contribution schedules, benet formulas,
number of employers obligated to
contribute, number of participants on
whose behalf no contributions were made
for a specied period of time, number of
withdrawing employers, and withdrawal
liability. See ERISA § 104(d).
Each employee organization and to
each employer that has an obligation to
contribute to the plan.
Within 30 days after the due date of the
annual report.
Multiemployer Pension Plan
Information Made Available on
Request
Copies of periodic actuarial reports,
quarterly, semi-annual, or annual nancial
reports, and amortization extension
applications. See ERISA § 101(k), and 29
CFR § 2520.101-6.
Participants, beneciaries receiving benets,
each labor organization representing
participants under the plan, and each
employer that has an obligation to
contribute to the plan.
Within 30 days of wrien request.
Requester not entitled to receive more
than one copy of any report or application
during any 12-month period. See ERISA
§ 101(k).
Multiemployer Plan Notice of Potential
Withdrawal Liability
Estimated amount of employer’s
withdrawal liability and how such
estimated liability was determined. See
ERISA § 101(l).
Any employer who has an obligation to
contribute to the plan.
Generally, within 180 days of a wrien
request.
Notice of Funding-based Limitation The plan administrator of a single-employer
or multiple employer dened benet plan
must provide a notice of specied funding-
based limits on benet accruals and benet
distributions. See ERISA § 101(j).
Participants and beneciaries. Generally, within 30 days after a plan
becomes subject to a specied funding-
based limitation, as well as at any other
time determined by the Secretary of the
Treasury. See IRS Notice 2012-46.
Notice of Right to Divest Notice of right to sell company stock and
reinvest proceeds into other investments
available under the plan. Notice also must
describe the importance of diversifying the
investment of retirement account assets.
See ERISA § 101(m). IRS Notice 2006-107
provides a model notice.
Participants, alternate payees with accounts
under the plan, and beneciaries of
deceased participants. See ERISA § 204(j).
Not later than 30 days before the rst date
on which the individuals are eligible to
exercise their rights. See ERISA § 101(m).
Disclosures required for the Fiduciary
Safe Harbor for Automatic Rollovers
to Individual Retirement Plans for
Certain Mandatory Distributions
Exceeding $1,000
In order to qualify for the safe harbor, a
plan duciary must furnish to participants
a summary plan description (SPD) or a
summary of material modications (SMM)
that describes the plan’s automatic rollover
provisions, including an explanation that
if a participant is subject to mandatory
distribution and fails to make an election
regarding a form of benet distribution, the
participant’s account balance will be rolled
over into an individual retirement plan. See
29 CFR § 2550.404a-2.
Separating participants subject to
mandatory distributions under the Internal
Revenue Code.
The disclosure by SPD or SMM must be
provided before mandatory distributions
are made, and will be sucient if
provided in conjunction with the notice
required under Code section 402(f) which
must be provided to a plan participant no
less than 30 days and no more than 180
days before the date of a distribution.
See IRS Notice 2009-68.
12
Document Type of Information To Whom When
Notice of Plan Termination pursuant Participants or beneciaries in terminated The notice will be given during
to the Safe Harbor for Distributions individual account plans. the winding up process of the
from Terminated Individual plan termination. Participants and
Account Plans
A plan duciary (including a qualied
termination administrator) must provide a
notice to participants and beneciaries of
the plan’s termination and distribution
options and procedures to make an
election. In addition, the notice must
provide information about the account
balance; explain, if known, what fees, if any,
will be paid from the participant or
beneciary’s retirement plan; and provide
the name, address and telephone number of
the individual retirement plan provider, if
known, and of the plan administrator or
other duciary from whom information
about the termination may be obtained. See
29 CFR § 2550.404a-3.
beneciaries have 30 days from the
receipt of the notice to elect a form of
distribution.
Notice of Critical or Endangered The sponsor of a multiemployer dened Participants, beneciaries, the bargaining
Status benet pension plan must provide notice if
the plan is in critical or endangered status
(a plan in critical and declining status is a
plan in critical status) because of funding or
liquidity problems. The notice must include
an explanation of the possibility that certain
adjustable benets may be reduced. See IRC
§ 432.
parties, PBGC, and the Department of
Labor.
Not later than 30 days after the plan
actuary’s annual certification, if the
actuary certifies that the plan is in critical
or endangered status. For a model
critical status notice, see dol.gov/
agencies/ebsa/about-ebsa/our-activities/
public-disclosure/critical-status-notices.
Participant Plan and Investment Fee
Disclosures The plan administrator must furnish
information about the administrative
and investment costs of participation in
401(k)-type plans. This includes general
information about the mechanics and
structure of the plan, such as how to give
investment directions, and information
about the plan’s administrative costs
(e.g., recordkeeping, legal) and individual
charges that may be assessed to participants
(for loans, QDROs, etc.). This also includes
a comparative chart with information about
the plan’s investment options, including
investment fees and expenses, performance
and benchmark data, an active Website
address with supplemental investment
information, and a glossary of terms to
assist participants in understanding the
plan’s investment options. See 29 CFR
§ 2550.404a-5.
Generally, participants and beneciaries
with the authority to direct their own
investments in individual account plans.
General information about the plan and
potential administrative and individual
costs, as well as a “comparative chart” of
key information about plan investment
options, must be furnished annually (at
least once in any 14 month period).
On at least a quarterly basis, participants
must receive a statement of the dollar
amount of administrative and individual
fees that were charged to their accounts.
This information may, in certain
circumstances, be included in the plan’s
SPD and participants’ Periodic Pension
Benet Statements.
13
Document Type of Information To Whom When
Plan Service Provider Disclosures Certain plan service providers must
provide detailed information about the
compensation, both direct and indirect, that
they will receive for providing services to
pension plans. Service providers also may
have to furnish information to assist plans
in complying with other ERISA reporting
and disclosure requirements (e.g., Form
5500 Annual Report, Participant Plan and
Investment Fee Disclosures). See 29 CFR
§ 2550.408b-2(c) for denitions of which
service providers must comply and the
specic disclosures that must be furnished.
Plan duciaries responsible for hiring
pension plan service providers.
Generally, disclosure must be furnished
to the plan duciary reasonably in
advance of entering into a contract or
arrangement with the service provider.
See 29 CFR § 2550.408b-2(c) for
provisions on when changes or updates
to previously disclosed information must
be furnished by the service provider.
14
Overview of Basic PBGC Reporting and Disclosure Requirements
Section 1: Pension Insurance Premiums (for covered single-employer and multiemployer dened benet plans)
(ERISA §§ 4006 and 4007; 29 CFR Parts 4006 and 4007)*
Document Type of Information To Whom When
Comprehensive Premium Filing Annual premium payment (with supporting
data) for all plans.
PBGC By the 15th day of the 10th calendar
month that begins on or after the 1st
day of the premium payment year.
Section 2: Standard Terminations (for covered single-employer dened benet plans)
(ERISA §§ 4041 and 4050; 29 CFR Parts 4041 and 4050)
Document Type of Information To Whom When
Notice of Intent to Terminate Advises of proposed termination and
provides information about the termination
process.
Participants, beneciaries, alternate payees,
and union.
At least 60 and no more than 90 days
before proposed termination date.
(If possible insurers not known at
this time, supplemental notice no
later than 45 days before distribution
date.)
Form 500 - Standard Termination Notice Advises of proposed termination and
provides plan data.
PBGC No later than 180 days after proposed
termination date.
Notice of Plan Benefits Provides information on each person’s
benets. Participants, beneciaries, and alternate
payees.
No later than the time Form 500
(Standard Termination Notice) is led
with PBGC.
Form 501 - Post-Distribution
Certification
Certies that distribution of plan assets has
been properly completed. PBGC No later than the 30th day after
distribution of plan assets completed.
(If PBGC assesses a penalty, it will do so
only to the extent the form is led more
than 90 days after distribution deadline,
including extensions.)
Schedule MP - Missing Participants Advises of a participant or beneciary
under a terminating plan whom the plan
administrator cannot locate.
PBGC Filed with Form 501. (See above for
time limits.)
*To electronically submit premium lings and payments to the PBGC, use PBGC’s online application, My Plan Administration Account (My PAA). My PAA and more information can be
found at the PBGC’s Website (pbgc.gov) on the page for Practitioners under Premium Filings.
15
Document Type of Information To Whom When
Section 3: Distress Terminations (for covered single-employer dened benet plans)
(ERISA §§ 4041 and 4050; 29 CFR Parts 4041 and 4050)
Form 600 - Distress Termination
Notice of Intent to Terminate
Advises of proposed termination,
demonstrates satisfaction of distress criteria,
and provides plan and sponsor/controlled
group data.
PBGC At least 60 days and (except with PBGC
approval) no more than 90 days before
proposed termination date.
Notice of Intent to Terminate to
Affected Parties Other than PBGC
Advises of proposed termination and
provides information about the termination
Participants, beneciaries, alternate payees,
and union.
No later than the time Form 600 (Notice
of Intent to Terminate) is led with
process. PBGC.
Disclosure of Termination
Information
A plan administrator must disclose
information it has submied to PBGC in
connection with a distress termination.
See ERISA § 4041(c)(2). (Note that a plan
administrator or a plan sponsor must
disclose information it has submied to
PBGC in connection with a PBGC-initiated
termination. See ERISA § 4042(c)(3).)
Participants, beneciaries, alternate payees,
and union.
No later than 15 business days after (1)
receipt of a request from the affected
party for the information; or (2) the
provision of new information to the
PBGC relating to a previous request.
Notice of Request to Bankruptcy
Court to Approve Termination
Advises of sponsor’s/controlled group
member’s request to Bankruptcy Court
to approve plan termination based upon
reorganization test.
PBGC Concurrent with request to Bankruptcy
Court.
Form 601 (and Schedule EA-D) -
Distress Termination Notice, Single-
Employer Plan Termination
Provides information on the plan and
suciency of plan assets to provide benets.
PBGC No later than the 120th day after the
proposed termination date.
Form 602 - Post-Distribution
Certification for Distress
Termination
Certies the distribution of plan assets has
been properly completed for a plan that is
sucient for guaranteed benets.
PBGC No later than the 30th day after
distribution of plan assets completed.
(If PBGC assesses a penalty, it will do
so only to the extent the form is led
more than 90 days after the distribution
deadline, including extensions.)
Schedule MP - Missing Participants Advises of a participant or beneciary
under a terminating plan whom the plan
administrator cannot locate. (This assumes
plan is sucient for guaranteed benets.)
PBGC Filed with Form 602. (See above for the
time limits.)
16
Document Type of Information To Whom When
Section 4: Reportable Events and Other Reports (for covered single-employer dened benet plans)
Form 10 - Post-Event Notice of Requires submission of information relating PBGC No later than 30 days after plan
Reportable Events to event, plan, and controlled group for:
failure to make a required minimum
funding payment, active participant
reduction, change in contributing sponsor
or controlled group, application for funding
waiver, liquidation, loan default, and
various other events. See ERISA § 4043 and
29 CFR Part 4043.
administrator or contributing sponsor
knows (or has reason to know) the event
has occurred.
Form 10-Advance - Advance Notice Requires submission of information relating PBGC At least 30 days in advance of effective
of Reportable Events to event, plan, and controlled group
for: change in contributing sponsor or
controlled group, liquidation, loan default,
transfer of benet liabilities, and various
other events. This requirement applies to
privately held controlled groups with plans
having aggregate unfunded vested benets
over $50 million and an aggregate funded
vested percentage under 90 percent. See
ERISA § 4043 and 29 CFR Part 4043.
date of event. (Extensions may apply)
Form 200 - Notice of Failure to Make Requires submission of information relating PBGC No later than 10 days after contribution
Required Contributions to plan and controlled group where plan
has aggregate missed contributions of more
than $1 million. See ERISA § 302(f)(4) and
29 CFR Part 4043, subparts A and D.
due date.
Reporting of Substantial Cessation
of Operation and of Withdrawal of
Substantial Employer
Advises PBGC of certain cessations of
operation and of withdrawals of substantial
employers and requests determination of
liability. See ERISA §§ 4062(e) and 4063(a).
PBGC No later than 60 days after event.
Annual Financial and Actuarial
Information Reporting
Requires submission of actuarial and
nancial information for certain controlled
groups with substantial underfunding. See
ERISA § 4010 and 29 CFR Part 4010.
PBGC No later than 105 days after the close
of the ler’s information year, with a
possible extension for certain required
actuarial information until 15 days after
ling deadline for annual report (Form
5500).
17
Overview of Form 5500 and Form M-1 Annual Reporting Requirements
Form 5500 Annual Reporting Requirements
The Department of Labor, in conjunction with the Internal Revenue
Service (IRS) and the PBGC, publishes the Form 5500 Annual Return/
Report of Employee Benet Plan and the Form 5500-SF Short Form
Annual Return/Report of Small Employee Benet Plan. The Form 5500
series is used by plan administrators and certain “direct ling entities”
to satisfy various annual reporting obligations under ERISA and the
Internal Revenue Code (Code).
Direct ling entities, or DFEs, are investment or insurance arrangements
that plans participate in and that are required to or allowed to le the
Form 5500 directly with EBSA. DFEs include master trust investment
accounts (MTIAs), bank common/collective trusts (CCTs), insurance
pooled separate accounts (PSAs), 103-12 investment entities (103-12 IEs),
and group insurance arrangements (GIAs). MTIAs are the only DFE for
which the ling of the Form 5500 is mandatory. Employee benet plans
that participate in a CCT, PSA, 103-12 IE, or GIA that les a Form 5500 as
a DFE are eligible for certain annual reporting relief in connection with
the plan’s own Form 5500 ling requirement.
All Forms 5500 and Forms 5500-SF must be led electronically using
the ERISA Filing Acceptance System (EFAST2). Filers may le online
using EFAST2’s Web-based IFILE ling system, or lers may le through
an EFAST2-approved vendor. All delinquent and amended lings of
Title I plans must also be submied electronically through EFAST2.
More information about electronic ling under EFAST2 is available at
efast.dol.gov.
The Form 5500 ling requirements vary according to the type of ler.
There are three general types of Form 5500 lers: small plans (generally
plans with fewer than 100 participants as of the beginning of the plan
year); large plans (generally plans with 100 or more participants as of the
beginning of the plan year); and direct ling entities (DFEs). The Form
5500-SF is a simplied version of the Form 5500 that certain small plans
may be eligible to le instead of the Form 5500. A quick reference chart
for the 2016 Form 5500 immediately follows this section and describes
the basic Form 5500 ling requirements for small plans, large plans, and
DFEs. It also contains a description of the type of small plan that may be
eligible to le the Form 5500-SF.
The Form 5500-EZ cannot be submied electronically through EFAST2.
However, a “one-participant” plan (see the instructions for the Form
5500-SF) that is eligible to le the Form 5500-EZ may elect to le the
Form 5500-SF electronically with EFAST2 rather than ling a Form 5500-
EZ on paper with the IRS. For more information on ling the Form 5500-
EZ on paper with the IRS, see the instructions for the Form 5500-EZ, at
irs.gov, or call 1-877-829-5500.
The Form 5500 and the Form 5500-SF led by plan administrators and
the Form 5500 led by GIAs are due by the last day of the 7th calendar
month after the end of the plan or GIA year (not to exceed 12 months
in length). See the Form 5500 and the Form 5500-SF instructions for
information on extensions up to an additional 2½ months. The Form
5500 led by DFEs other than GIAs are due no later than 9½ months
after the end of the DFE year.
Certain employee benet plans are exempt from the annual reporting
requirements or are eligible for limited reporting options. The major
classes of plans exempt from ling an annual report or eligible for
limited reporting are described in the Form 5500 and the Form 5500-
SF instructions. All welfare plans required to le Form M-1, Report for
Multiple Employer Welfare Arrangements (MEWAs) and Certain Entities
Claiming Exception (ECEs), must le an annual report in the Form 5500
Annual Return/Report series regardless of plan size or type of funding.
See 78 Fed. Reg. 13781, 13796, 13899 (Mar. 1, 2013).
18
Check the EFAST2 Internet site at efast.dol.gov and the latest Form 5500
and Form 5500-SF instructions for information on who is required to le,
how to complete the forms, when to le, EFAST2-approved software,
and electronic ling options. You can also visit dol.gov/agencies/
ebsa/employers-and-advisers/plan-administration-and-compliance/
reporting-and-filing/form-5500 to view the Form 5500 and the Form
5500-SF. Schedules and instructions are also posted on that web page.
Form M-1 Annual Reporting Requirements
Administrators of multiple employer welfare arrangements (MEWAs)
and certain other entities that offer or provide coverage for medical care
to employees of two or more employers are generally required to le the
Form M-1 (Report for Multiple Employer Welfare Arrangements (MEWAs)
and Certain Entities Claiming Exception (ECEs)). The Form M-1 must be
led electronically using the M-1 Online Filing System at askebsa.dol.
gov/mewa. The Frequently Asked Questions about the M-1 include
information on how new users can set up an account. A quick reference
chart on Reporting Requirements for MEWAs and ECEs is on page 22.
Also, check the EBSA Internet site at askebsa.dol.gov/mewa for more
information on the Form M-1.
19
Quick Reference Chart of Form 5500, Schedules, and Attachments (See Footnote 3 for Form 5500-SF Filers)1*
Large Pension Plan Small Pension Plan2 Large Welfare Plan Small Welfare Plan2DFE
Form 5500 Must complete. Must complete. Must complete.3 Must complete.3 Must complete.
Schedule A
(Insurance Information)
Must complete if plan has
insurance contracts.
Must complete if plan has
insurance contracts.4
Must complete if plan has
insurance contracts.
Must complete if plan has
insurance contracts.4
Must complete if MTIA,
103-12 IE, or GIA has
insurance contracts.
Schedule C (Service
Provider Information)
Must complete Part I if Not required. Must complete Part I if
service provider was paid
$5,000 or more, Part II if
a service provider failed
to provide information
necessary for the
completion of Part I, and
Part III if an accountant or
actuary was terminated.
Not required. MTIAs, GIAs, and
service provider was paid
$5,000 or more, Part II if
a service provider failed
to provide information
necessary for the
completion of Part I, and
Part III if an accountant or
actuary was terminated.
103-12 IEs must complete
Part I if service provider
paid $5,000 or more,
and Part II if a service
provider failed to provide
information necessary
for the completion of
Part I. GIAs and 103-12
IEs must complete Part
III if accountant was
terminated.
Schedule D (DFE/
Participating Plan
Information)
Must complete Part I if plan
participated in a CCT, PSA,
MTIA, or 103-12 IE.
Must complete Part I
if plan participated in
a CCT, PSA, MTIA, or
103-12 IE.4
Must complete Part I if plan
participated in a CCT, PSA,
MTIA, or 103-12 IE.
Must complete Part I if plan
participated in a CCT, PSA,
MTIA, or 103-12 IE.4
All DFEs must complete
Part II, and DFEs that
invest in a CCT, PSA,
or 103-12 IE must also
complete Part I.
Schedule G (Financial
Schedules)
Must complete if Schedule
H, lines 4b, 4c, or 4d are
“Yes.”
Not required. Must complete if Schedule
H, lines 4b, 4c, or 4d are
“Yes.”3
Not required.3 Must complete if
Schedule H, lines 4b, 4c,
or 4d for a GIA, MTIA, or
103-12 IE are “Yes.”
Schedule H (Financial
Information)
Must complete.5 Not required. Must complete.3, 5 Not required. All DFEs must complete
Parts I, II, and III. MTIAs,
103-12 IEs, and GIAs
must also complete Part
IV.5
Schedule I
(Financial Information)
Not required. Must complete.4 Not required. Must complete.4 Not required.
*See footnotes for certain exemptions and other technical requirements. All footnotes for this chart are on page 21.
20
Large Pension Plan Small Pension Plan2Small Welfare Plan2
Large Welfare Plan DFE
Large Pension Plan Small Pension Plan2 Large Welfare Plan Small Welfare Plan2 DFE
Schedule MB
(Actuarial Information)
Must complete if
multiemployer dened
benet plan or money
purchase plan subject
to minimum funding
standards.6
Must complete if
multiemployer dened
benet plan or money
purchase plan subject
to minimum funding
standards.6
Not required. Not required. Not required.
Schedule R
(Pension Plan
Information)
Must complete.7 Must complete.4, 7 Not required. Not required. Not required.
Schedule SB
(Actuarial Information)
Must complete if
single-employer or
multiple-employer dened
benet plan, including an
eligible combined plan
and subject to minimum
funding standards.
Must complete if
single-employer or
multiple-employer dened
benet plan, including an
eligible combined plan
and subject to minimum
funding standards.
Not required. Not required. Not required.
Accountant’s Report Must aach. Not required unless
Schedule I, line 4k, is
checked “No.”
Must aach.3 Not required. Must aach for a GIA or
103-12 IE.
1 This chart provides only general guidance. Not all rules and requirements are reected. Refer to specic Form 5500 instructions for complete information on ling requirements (e.g., Who Must File and What To File). For
example, a pension plan is exempt from ling any schedules if the plan uses Code section 408 individual retirement accounts as the sole funding vehicle for providing benets. See Limited Pension Plan Reporting.
2 Pension plans and welfare plans with fewer than 100 participants at the beginning of the plan year that are not exempt from ling an annual return/report may be eligible to le the Form 5500-SF, a simplied report.
In addition to the limitation on the number of participants, a Form 5500-SF may only be led for a plan that is exempt from the requirement that the plan’s books and records be audited by an independent qualied
public accountant (but not by reason of enhanced bonding), has 100 percent of its assets invested in certain secure investments with a readily determinable fair market value, holds no employer securities, and is not a
multiemployer plan. See Who Must File.
3 Unfunded, fully insured, or combination unfunded/fully insured welfare plans covering fewer than 100 participants at the beginning of the plan year that meet the requirements of 29 CFR 2520.104-20 are exempt
from ling an annual report. See Who Must File. Such a plan with 100 or more participants must le an annual report, but is exempt under 29 CFR 2520.104-44 from the accountant’s report requirement and completing
Schedule H, but MUST complete Schedule G, Part III, to report any nonexempt transactions. See What to File. All Plans required to le Form M-1, Report for Multiple Employer Welfare Arrangements (MEWAs) and Certain
Entities Claiming Exception (ECEs) must le a Form 5500 regardless of plan size or type of funding.
4 Do not complete if ling the Form 5500-SF instead of the Form 5500.
5 Schedules of assets and reportable (5%) transactions also must be filed with the Form 5500 if Schedule H, line 4i or 4j is “Yes.”
6 Money purchase defined contribution plans that are amortizing a funding waiver are required to complete lines 3, 9, and 10 of the Schedule MB in accordance with the instructions. Also see instructions for line 5 of
Schedule R and line 12a of Form 5500-SF.
7 Schedule R should not be completed when the Form 5500 annual return/report is led for a pension plan that uses, as the sole funding vehicle for providing benets, individual accounts or annuities (as described in
Code section 408). See the Form 5500 instructions for Limited Pension Plan Reporting for more information.
21
MEWAs and ECEs Quick Reference Chart: Form M-11
Document Type of Information To Whom When
Form M-1 MEWA or ECE custodial and nancial EBSA Annual Report: Generally due by March 1st of the year
Report for Multiple Employer Welfare information, states in which coverage is following the calendar year for which report is required.
Arrangements (MEWAs) and Certain provided, insurance information, number A 60-day extension is available. For ECEs, an annual
Entities Claiming Exception (ECEs) of participants covered, information about
enforcement actions, and information about
compliance with Part 7 of ERISA, including
report is required to be led only if the ECE was last
originated within the 3 years before the annual ling due
date.
any litigation alleging non-compliance.
Administrators of MEWAs and ECEs that
offer or provide coverage for medical care
to employees of two or more employers
(including one or more self-employed
individuals) are generally required to le the
Form M-1.
An ECE is an entity that claims it is not a
MEWA due to the exception in the denition
of MEWA for entities that are established and
maintained under or pursuant to one or more
MEWA Registration: Generally due upon the following
ve events, should they occur: 30 days prior to operating
in any state; within 30 days of knowingly operating in
any additional state or states that were not indicated on
a previous Form M-1 ling; within 30 days of operating
with regard to the employees of an additional employer
(or employers, including one or more self-employed
individuals) after a merger with another MEWA; within
30 days of the date the number of employees receiving
coverage for medical care under the MEWA is at least 50
percent greater than the number of such employees on the
last day of the previous calendar year; or within 30 days
of experiencing a material change as dened in the Form
M-1 instructions. A MEWA may have to register more
agreements that the Secretary of Labor nds
to be collective bargaining agreements. For
more information on this exception, see 29
CFR § 2510.3-40.
than once during the reporting year.
ECE Origination: Generally due upon the following three
events, should they occur: 30 days prior to operating
with regard to the employees of two or more employers
(including one or more self-employed individuals); within
30 days from when ECE begins operating following a
merger with another ECE (unless all of the ECEs that
participate in the merger previously were last originated
at least three years prior to the merger); or within 30 days
from when the number of employees receiving coverage
for medical care under the ECE is at least 50 percent
greater than the number of such employees on the last
day of the previous calendar year (unless the increase is
due to a merger with another ECE under which all ECEs
that participate in the merger were last originated three
years prior to the merger). An ECE may be originated
more than once during the reporting year.
ECE Special Filing: Due within 30 days of a special ling
event described below, only if the ECE was last originated
within three years before a special ling event: the ECE
begins knowingly operating in any additional state or
states that were not indicated on a previous Form M-1
ling; or the ECE experiences a material change as dened
in the Form M-1 instructions. An ECE may experience a
special ling event more than once during the reporting
year.
1 This chart provides only general guidance and not all rules and requirements are reected.
22
EBSA Resources
For more information about EBSA’s reporting and disclosure
requirements, contact:
U.S. Department of Labor
Employee Benefits SecurityAdministration
200 Constitution Ave., N.W.
Washington, DC 20210
1-866-444-3272
Website: dol.gov/agencies/ebsa
For assistance completing the Form 5500, call the EFAST Help Line at
1-866-463-3278.
For more information on the Form 5500, visit dol.gov/agencies/ebsa/
key-topics/reporting-and-filing/form-5500.
For assistance completing the Form M-1, call (202) 693-8360.
The following publications may be helpful in providing a more detailed
explanation on specic subject maer:
An Employer’s Guide to Group Health Continuation Coverage Under
COBRA
QDROs: The Division of Retirement Benets Through Qualied
Domestic Relations Orders
Troubleshooter’s Guide to Filing the ERISA Annual Report (Form 5500)
Compliance Assistance Guide: Health Benets Coverage Under Federal
Law
These and other EBSA publications may be obtained from:
Toll-free number: 1-866-444-3272
Website: dol.gov/agencies/ebsa/about-ebsa/our-activities/resource-
center/publications
PBGC Resources
For information about PBGC’s reporting and disclosure requirements,
call 1-800-736-2444 or (202) 326-4242.
For premium-related questions:
Send an email to premiums@pbgc.gov
or write via United States Postal Service to:
Pension Benefit Guaranty Corporation
P.O. Box 105758
Atlanta, GA 30348-5758
Or write via delivery service to:
Pension Benefit Guaranty Corporation
c/o Bank of America
1075 Inner Loop Road (2nd Floor)
Atlanta, GA 30337-6086
ATTN: PBGC Box 105758
Phone: 1-800-736-2444
For questions on standard terminations, send an email to standards@
pbgc.gov or write to:
Pension Benefit Guaranty Corporation
Standard Termination Compliance Division/
Processing and Technical Assistance Branch
1200 K St., N.W., Suite 930
Washington, DC 20005-4026
23
For questions on distress terminations, reportable events and 4010
lings, send an email to distress@pbgc.gov, advance.report@pbgc.gov
(for advance questions), or post-event.report@pbgc.gov (for post-event
questions) or 4010.ERISA@pbgc.gov, or call or write to:
Pension Benefit Guaranty Corporation
Corporate Finance and Restructuring Department
1200 K Street, N.W., Suite 270
Washington, DC 20005-4026
202-326-4070
For additional information, visit PBGC’s Website: pbgc.gov
24
EMPLOYEE BENEFITS SECURITY ADMINISTRATION
UNITED STATES DEPARTMENT OF LABOR
September 2017

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