2016 Filing and Notice Deadlines for Qualified Retirement and Health and Welfare Plans
Author, Ryan Gorman, Atlanta, +1 404 572 4609, rgorman@kslaw.com.
Employers and plan sponsors must comply with numerous filing and notice deadlines for their retirement and health and welfare plans. Failure to comply with these deadlines can result in costly penalties. To avoid such penalties, employers should remain informed with respect to the filing and notice deadlines associated with their plans.
The filing and notice deadline table below provides key filing and notice deadlines common to calendar year plans for 2016. If the due date falls on a Saturday, Sunday, or legal holiday, the due date is generally delayed until the next business day. Please note that the deadlines will generally be different if your plan year is not the calendar year. Please also note that the table is not a complete list of all applicable filing and notice deadlines (including any available exceptions and/or extensions), just the most common ones.
| Deadline | Item | Action | Affected Plans |
| January 15 | Transitional Reinsurance Fees | Deadline for self-insured group health plans to pay the entire transitional reinsurance fee for 2015 or to pay the first installment of such fees. The deadline for determining how many “covered lives” apply for purposes of this fee, and to submit the annual enrollment count, was November 15, 2015.If the entity chooses to pay the entire fee, it must pay $44.00 for each covered life no later than this date. If the entity chooses to pay in two separate installments, it must pay $33.00 for each covered life by this date and pay the remaining $11.00 for each covered life by November 15, 2016. | Self-insured Group Health Plans (including retiree plans) |
| January 31 | IRS Form 945 | Deadline for employer to file IRS Form 945 to report income tax withheld from qualified plan distributions made during the prior plan year. However, the deadline may be extended to February 10 if taxes were timely deposited during the prior plan year. | Qualified Retirement Plans* |
| IRS Form 1099-R | Deadline for employer to distribute IRS Form 1099-R to participants and beneficiaries who received a distribution (including a direct rollover) during the prior plan year. This includes a direct rollover from a Qualified Retirement Plan. | Qualified Retirement Plans | |
| IRS Form W-2 | Deadline for employers to distribute Form W-2, which must reflect aggregate value of employer-provided employee benefits (e.g., cost of coverage, imputed income for group-term life insurance, employer Health Savings Account Contributions, etc.). | Health and Welfare Plans | |
| Cycle E Determination Letter Applications | Deadline for employers having Taxpayer Identification Numbers ending in 5 or 0 and governmental plans to apply for an IRS determination letter with respect to their Qualified Retirement Plans. | Qualified Retirement Plans and Governmental Plans | |
| IRS Form 1095-B Individual Statements | Deadline for providers of minimum essential coverage to distribute forms used to report to responsible individuals the months during the year that the individuals satisfied the individual mandate by enrolling in minimum essential coverage.Note that self-insured plan sponsors that employed an average of at least 50 full-time employees in 2015 (also known as “Applicable Large Employers” or “ALEs”) can report this information on Form 1095-C. Fully insured plan sponsors that are not ALEs are not required to distribute Form 1095-B, which are distributed by the group health plan insurers. | Self-Insured Group Health Plans and Group Health Plan Insurers | |
| IRS Form 1095-C Individual Statements | Deadline for ALEs to report to provide a written statement to employees indicating whether the ALEs offered an opportunity to enroll in (and whether the employee did enroll in) minimum essential coverage under the ALE’s sponsored plan. | Applicable Large Employers | |
| February 14 (within 45 days after the close of the fourth quarter of previous plan year) | Quarterly Fee Disclosure | Deadline for plan administrator to disclose fees and administrative expenses deducted from participant accounts during the fourth quarter of the previous plan year. Note that the quarterly fee disclosure may be included in the quarterly benefit statement or as a stand-alone document. | Defined Contribution Plans that allow participants to direct investments |
| Benefit Statements for Participant-Directed Plans | Deadline for plan administrator to send fourth quarter benefit statement for previous plan year to participants in participant-directed defined contribution plans. | ||
| February 29 (if filing paper forms) | IRS Form 1099-R | Deadline for employer to file IRS Form 1099-R. If the form is filed electronically, the deadline can be extended until March 31. | Qualified Retirement Plans |
| IRS Form 1094-B Transmittal Forms | Deadline for providers of minimum essential coverage to transmit forms to IRS reporting the months during the year that individuals enrolled in the group health plan satisfied the individual mandate by enrolling in minimum essential coverage. | Self-Insured Group Health Plans and Group Health Plan Insurers | |
| IRS Form 1094-C Transmittal Forms | Deadline for ALEs to transmit forms to IRS reporting whether the ALEs offered an opportunity to enroll in (and whether employees did enroll in) minimum essential coverage under the ALE’s sponsored plan. | Applicable Large Employers | |
| March 1(60 days after the beginning of the plan year) | Medicare Part D Creditable Coverage Disclosure | Deadline for employers that provide prescription drug coverage to Medicare Part D eligible individuals to disclose to the Centers for Medicaid and Medicare Services (CMS) whether the coverage is “creditable prescription drug coverage” by completing the Online Disclosure to CMS Form at https://www.cms.gov/Medicare/Prescription-Drug-Coverage/CreditableCoverage/CCDisclosureForm.html | Health and Welfare Plans that provide prescription drug coverage to Medicare Part D eligible individuals |
| March 15 | Plan Contribution Deadline | Deadline for corporate employer contributions to be made to plan trusts in order for such amounts to be deductible on corporate tax returns (assuming the employer is operating on a calendar-year fiscal year). Note that this deadline may be extended if an extension is obtained for the corporate tax return. | Qualified Retirement Plans |
| March 15 (2 ½ months after the plan year) | Excess Contributions | Deadline for plan administrator to distribute any excess contributions and earnings from the prior year to avoid 10% excise tax on employer (other than eligible automatic contribution arrangements (EACAs)). | 401(k) Plans Other Than EACAs |
| March 31 (last day of 3rd month following the end of the prior plan year) | Certification of Adjusted Funding Target Attainment Percentage (AFTAP) | Deadline for actuary to certify AFTAP to avoid presumption that AFTAP is 10 points less than prior year AFTAP. | Defined Benefit Plans |
| March 31 (if filing electronically) | IRS Form 1094-B Transmittal Forms | Deadline for providers of minimum essential coverage to transmit forms electronically to IRS reporting the months during the year that individuals enrolled in the group health plan satisfied the individual mandate by enrolling in minimum essential coverage. | Self-Insured Group Health Plans and Group Health Plan Insurers |
| IRS Form 1094-C Transmittal Forms | Deadline for ALEs to transmit forms to IRS electronically reporting whether the ALEs offered an opportunity to enroll in (and whether employees did enroll in) minimum essential coverage under the ALE’s sponsored plan. | Applicable Large Employers | |
| April 1 | Age 70 ½ Distribution Requirements | Deadline for plan administrator to distribute prior year’s required minimum distribution for any terminated employee who reached age 70 ½ or older during the prior year. | Qualified Retirement Plans |
| April 15 | Excess Deferrals | Deadline for plan to distribute prior year’s deferrals in excess of Internal Revenue Code (IRC) §402(g) annual dollar limit and related earnings. | 401(k) Plans |
| April 15 (105 days after the end of the plan year) | PBGC 4010 Filing | Deadline for contributing sponsors (and each controlled group member) to file PBGC Form 4010 if: 1) Any single-employer plan in the contributing sponsor’s controlled group had a prior year AFTAP of less than 80%; 2) Any single-employer plan in the contributing sponsor’s controlled group fails to make a required installment or other required payments to a plan, and as a result, a lien is imposed pursuant to ERISA section 303(k)(1) or IRC section 430(k)(1); or 3) The IRS has granted funding waivers of more than $1 million to any single-employer plan in the contributing sponsor’s controlled group and any portion of such waiver is still outstanding. | Defined Benefit Plans |
| April 29 (no later than 120 days after the end of the plan year) | Annual Funding Notice | Deadline for the plan administrator to provide a plan funding notice to the PBGC, to each plan participant and beneficiary and to each employer that has an obligation to contribute under the plan. | Defined Benefit Plans |
| May 14 (within 45 days after the close of the first quarter of plan year) | Benefit Statements for Participant-Directed Plans | Deadline for plan administrator to send benefit statement for the first quarter of the plan year to participants in participant-directed defined contribution plans. | Defined Contribution Plans that allow participants to direct investments |
| Quarterly Fee Disclosure | Deadline for plan administrator to disclose fees and administrative expenses deducted from participant accounts during the first quarter of the plan year. Note that the quarterly fee disclosure may be included in the quarterly benefit statement or as a stand-alone document. | ||
| May 15 (the 15th day of the 5th month after the end of the plan year) | IRS Forms 990 and 990-EZ | Deadline for tax-exempt trusts associated with qualified retirement plans and voluntary employee beneficiary associations (VEBAs) to file Forms 990 or 990-EZ with the IRS for prior year. A 3-month extension may be obtained by filing a Form 8868, which must be filed by this date. | Qualified Retirement PlansVoluntary Employee Beneficiary Associations |
| June 30 (last day of 6th month following the plan year) | Excess Contributions | Deadline for plan administrator to distribute EACA excess contributions and earnings from the prior year to avoid 10% excise tax. | 401(k) Plans with EACA |
| July 28 (no later than 210 days after the end of the plan year in which the change was effective) | Summary of Material Modifications | Deadline for plan administrator to distribute summary of material modifications reflecting any changes to the summary plan description (SPD) arising from any plan amendments adopted during prior year (unless a revised SPD is distributed that contains the modification). | Retirement PlansHealth & Welfare Plans |
| July 31(the last day of the 7th month following the plan year) | DOL Form 5500 | Deadline for plan administrator to file Form 5500 (Annual Return/Report of Employee Benefit Plan) for prior year. This deadline is extended 2 ½ months if the plan administrator files Form 5558. | Retirement PlansHealth and Welfare Plans |
| IRS Form 8955-SSA | Deadline for plan administrator to file Form 8955-SSA (Annual Registration Statement Identifying Separated Participants with Deferred Vested Benefits). This deadline is extended by 2 ½ months if the plan administrator files a Form 5558. | Retirement Plans | |
| July 31 | Patient Centered Outcomes Research Institute (PCORI) Fee | Deadline for self-insured health plans to pay a fee for 2015 plan year using IRS Form 720. Note that the fee is not tax deductible. Insurers are responsible for paying the fee on behalf of insured plans. | Self-Insured Group Health Plans (including retiree plans) |
| August 14 (within 45 days after the close of the second quarter of plan year) | Benefit Statements for Participant-Directed Plans | Deadline for plan administrator to send benefit statement for the second quarter of the plan year to participants in participant-directed defined contribution plans. | Defined Contribution Plans with participant-directed investments |
| Quarterly Fee Disclosure | Deadline for plan administrator to disclose fees and administrative expenses deducted from participant accounts during the second quarter of the plan year. Note that the quarterly fee disclosure may be included in the quarterly benefit statement or as a stand-alone document. | ||
| August 15 (the 15th day of the 8th month after the end of the plan year) | IRS Forms 990 and 990-EZ | Deadline for tax-exempt trusts associated with qualified retirement plans and voluntary employee beneficiary associations (VEBAs) to file Forms 990 or 990-EZ with the IRS for prior year if the trustee obtained a 3-month extension by filing a Form 8868. | Qualified Retirement PlansVoluntary Employee Beneficiary Associations |
| August 30 | Comparative Chart of Investment Alternatives | Deadline for plan administrator to furnish the 2016 comparative chart of investment alternatives. | Defined Contribution Plans with participant-directed investments |
| September 15 (8 ½ months after the end of the plan year) | Minimum Contribution Deadline | Deadline for plan administrator to contribute balance of minimum contributions necessary to avoid a funding deficiency. | Defined Benefit Plans |
| September 30 (within 9 months of the end of the plan year) | Summary Annual Report (SAR) | Deadline for plan administrator to distribute Summary Annual Report for prior year to participants and beneficiaries. This deadline may be extended until 2 months following the close of the extension period for filing a Form 5500, if applicable. | Defined Contribution PlansHealth and Welfare Plans (unfunded welfare plans are exempt) |
| September 30 (last day of the 9th month following the end of the prior plan year) | Certification of Adjusted Funding Target Attainment Percentage (AFTAP) | Deadline for actuary to certify AFTAP to avoid presumption that AFTAP is less than 60%. | Defined Benefit Plans |
| October 15 | Medicare Part D Creditable Coverage Notice to Individuals | Deadline for employers that provide prescription drug coverage to Medicare Part D eligible individuals to provide a written disclosure notice to Medicare eligible individuals and their dependents covered under the plan indicating whether their prescription drug coverage is creditable coverage. | Health and Welfare Plans that provide prescription drug coverage to Medicare Part D eligible individuals |
| October 15 (2 ½ months after extension granted) | DOL Form 5500 | Deadline for plan administrator to file Form 5500 for prior year if deadline was extended by filing a Form 5558. | Retirement PlansHealth and Welfare Plans |
| IRS Form 8955-SSA | Deadline for plan administrator to File Form 8955-SSA if deadline was extended by filing a Form 5558. | Retirement Plans | |
| October 15 (9 ½ months after the previous plan year) | PBGC Premium Filing | Deadline for plan administrator of large plans (500 or more participants) to pay flat-rate or variable PBGC premium for current plan year. | Defined Benefit Plans with 500 or more participants |
| November 1 (by the first day of open enrollment) | Summary of Benefits and Coverage for Health Plans that Require Reapplication | Deadline for group health plan administrator (for self-insured plans) or group health plan administrator or insurer (for fully insured plans) to provide a Summary of Benefits Coverage (SBC) if written application materials are required for renewal. | Group Health Plans and Health Insurance Issuers |
| November 14 (within 45 days after the close of the third quarter) | Benefit Statements for Participant-Directed Plans | Deadline for plan administrator to send benefit statement for the third quarter of the plan year to participants in participant-directed defined contribution plans. | Defined Contribution Plans with participant-directed investments |
| Quarterly Fee Disclosure | Deadline for plan administrator to disclose fees and administrative expenses deducted from participant accounts during the third quarter of the plan year. Note that the quarterly fee disclosure may be included in the quarterly benefit statement or as a stand-alone document. | ||
| November 15 (the 15th day of the 11th month after the end of the plan year) | IRS Forms 990 and 990-EZ | Deadline for tax-exempt trusts associated with qualified retirement plans and voluntary employee beneficiary associations (VEBAs) to file Forms 990 or 990-EZ with the IRS for prior year if the trustee obtained a second 3-month extension by filing a Form 8868. | Qualified Retirement PlansVoluntary Employee Beneficiary Associations |
| November 15 | Transitional Reinsurance Report and Second Installment Fee (if applicable) | Deadline for sponsors of self-insured health plans (including retiree plans) to report the number of “covered lives” under the plan.If the entity chose to pay the 2015 fee in installments, it must pay the remaining $11.00 for each covered life by this date. | Self-insured Group Health Plans (including retiree plans) |
| December 1 (at least 30 but no more than 90 days before the beginning of the plan year) | Safe Harbor Notice | Deadline for plan administrator to distribute a notice of intent to use a safe harbor formula to participants and beneficiaries. This notice must be provided within a reasonable period of time before the beginning of the plan year. The regulations provide a safe harbor of not less than 30 days but not more than 90 days before the beginning of the plan year. | 401(k) and 401(m) Plans |
| Contingent Safe Harbor Notice | Deadline for plan administrator to distribute a notice to participants and beneficiaries specifying that the plan may be amended during the following plan year to include a 3% employer non-elective safe harbor contribution. | 401(k) and 401(m) Plans | |
| Auto-Enrollment Notice | Deadline for plan administrator to provide annual auto-enrollment notice for plans with qualified automatic contribution arrangements (QACA) or eligible automatic contribution arrangements (EACA). This notice must be provided sufficiently early so that the employee has a reasonable period of time after receipt to make QACA or EACA elections. The preamble to the regulations notes that this timing requirement is deemed to be satisfied if the notice is given at least 30 days but not more than 90 days before the beginning of each plan year. | 401(k) Plans with QACA or EACA | |
| December 1 (at least 30 days before the end of the plan year) | Qualified Default Investment Alternative (QDIA) Annual Notice | Deadline for plan administrator to provide annual QDIA notice to participants or beneficiaries. | Defined Contribution Plans with participant-directed investments |
| Safe Harbor Follow-Up Notice | Deadline for plan administrator to distribute a notice to participants and beneficiaries informing them that the 3% employer non-elective safe harbor contribution will be made for the current plan year. This notice may be combined with the Contingent Safe Harbor Notice for the following plan year. | 401(k) and 401(m) Plans | |
| December 1 (at least 30 days prior to the first day of the new plan or policy year) | Summary of Benefits and Coverage for Health Plans that Automatically Renew Coverage | Deadline for group health plan administrator (for self-insured plans) or group health plan administrator or insurer (for fully insured plans) to provide a Summary of Benefits Coverage (SBC) if coverage automatically renews each year. | Group Health Plans and Health Insurance Issuers |
| December 1 (no later than 30 days before participant becomes eligible to diversify employer stock) | Diversification Notice | Deadline for plan administrator to provide diversification notice to participants who will first be eligible to divest employer securities on January 1. | Defined Contribution Plans with participant-directed investments in employer stock |
| December 15 (2 months after the extension for filing Form 5500) | Summary Annual Report (SAR) | Deadline for plan administrator to distribute SAR for prior year to participants and beneficiaries, if the IRS granted a 2-month extension for Form 5500 on or before the original Form 5500 deadline. | Defined Contribution Plans |
| December 31 (last day of plan year following plan year for which contributions were made) | Correction of Excess Contributions & Excess Aggregate Contributions | Deadline for plan administrator to make corrective employer contributions or distribute excess contributions (ADP test failure) and excess aggregate contributions (ACP test failure) for the prior year. | 401(k) and 401(m) Plans |
| December 31 (last day of plan year) | Discretionary Amendments | Deadline for plan sponsor to adopt discretionary plan amendments for calendar-year plans. | Qualified Retirement Plans |
| Adjusted Funding Target Attainment Percentage (AFTAP) Certification | Deadline for actuary to certify a specific AFTAP if a range certification was previously issued. | Defined Benefit Plans | |
| December 31 (at least annually) | ERISA §404(c) Disclosures | Deadline for plan administrator to distribute notices to participants and beneficiaries if the employer wants to limit fiduciary liability for participant-directed investment decisions. | Defined Contribution Plans with participant-directed investments |
| Annual Fee Disclosure to Participants | Deadline for plan administrator to make annual disclosure of certain fees for participant directed individual account plans to be provided to participants and beneficiaries. | ||
| Pension Benefit Statements | Deadline for plan administrator of a defined benefit plan using alternative notice for pension benefit statements to notify participants of availability of a pension benefit statement and instructions on how to obtain it. | Defined Benefit Plans | |
| December 31 (at least annually as a part of any yearly informational packet) | WHCRA Notice | Deadline for group health plans to distribute Women’s Health and Cancer Rights Act (WHCRA) notice for new plan year to all participants and beneficiaries advising them of available mastectomy benefits under WHCRA and any deductibles and co-insurance limits applicable to such benefits. | Health and Welfare Plans |
| Children’s Health Insurance Program Reauthorization Act (CHIPRA ) Notice | Deadline for employer to notify employees of potential opportunities for premium assistance from the state in which the employee resides. | Group Health Plans in states that provide premium assistance under Medicaid or CHIP | |
| December 31 | Required Minimum Distributions | Deadline for plan administrator to distribute current year’s required minimum distributions under IRC §401(a)(9). | Qualified Retirement Plans |
*Qualified Retirement Plans include all defined benefit and defined contribution plans that are intended to satisfy Code§401(a).