Upcoming Employee Benefit Plan Deadlines

September 30, 2015

This client alert follows up on our prior alerts entitled "Employee Benefit Plan Filing Deadlines." The following are the most common applicable filing deadlines (and/or "Heads Up" for coming deadlines) for October and November, 2015 for calendar year plans:

October 2 - Earliest date (no more than 90 days before and no less than 30 days before beginning of a plan year) a plan administrator of a safe-harbor 401k plan needs to provide notice of its intent to use safe-harbor formulas under the plan as well as a notice of qualified automatic contribution arrangements and eligible automatic contribution arrangements, if any, under such plan.

October 14 - Deadline for plan administrator of a health and welfare benefit plan that provides prescription drug coverage to Medicare eligible individuals and their dependents to provide a written notice that informs such individuals whether the prescription drug coverage under its plan is "creditable coverage" (i.e., such coverage under the plan is expected to pay on average what a standard Medicare policy pays). Note: Within 60 days after the beginning of the plan year, a related report must be made to online to CMS.

October 15 - Deadline for plan administrator of a defined contribution plan without participant directed investments to provide participant statements if an extension was obtained for filing the 2014 Form 5500 by filing a Form 5558. Note:  This must be done annually on or before the date the Form 5500 is filed.

October 15 - Deadline for plan administrator of defined benefit plans, defined contribution plans and health and welfare plans to file Form 5500 (and schedules) for the 2014 plan year if an extension was obtained by filing a Form 5558. 

October 15 - Deadline for plan administrator of defined benefit plans and defined contribution plans to file Form 8955-SSA (form identifying separated participants with deferred vested benefits) for the 2014 plan year if original deadline was extended by filing a Form 5558. Note: A notice providing information about the participant's deferred vested benefit must be provided to each such separated participant listed on the Form 8955-SSA.

October 15 - Deadline for plan administrator of a large defined benefit plan to file the form used to file flat-rate premium payment and variable rate premium payment with the PBGC.

October 15 - Deadline for plan administrator to correct any failed nondiscrimination and coverage test requirements for the 2014 plan year under qualified retirement plans.

November 1 - ("Heads Up" for open enrollment). If renewal for health care coverage requires the completion of an application (either paper or electronic), a summary of benefits and coverage ("SBC") must be provided no later than the date the application is provided. If renewal is automatic, the SBC must be provided no later than December 1.

November 14 - Deadline for plan administrator of a defined contribution plan with participant-directed investments to distribute participant statements.

November 14 - Deadline for plan administrator of a defined contribution plan with participant-directed investments to disclose fees and administrative expenses deducted from the participant accounts for the third quarter of the plan year. Such information can be included in the participant statements.

November 15 - Deadline for tax-exempt trusts to file Form 990 or Form 990-EZ in connection with qualified retirement plans and VEBAs, if the trust obtained a second 90-day extension to file such form.

November 15 - Deadline for plan sponsor or plan administrator of self-insured group health plan to submit enrollment counts and to submit any remaining transitional reinsurance fee to www.pay.gov.

Other

(a)  Please note that there are other deadlines which apply to the distribution of documents and notices to employees upon their employment or their termination of employment which are not addressed in this alert.

(b)  If any discretionary amendments to change provisions in qualified retirement plans are anticipated, such amendments should be on the drawing board now and must be signed by December 31.

(c)  The upcoming deadline for an IRS filing for a favorable determination letter for an individualized qualified retirement plan in Cycle E (EINs ending in 0 or 5) is January 31, 2016, and work on such filings should be started soon. 

If you have any questions regarding the deadlines listed in this alert or any other compliance deadlines, please contact Donald S. Kohla at 678.336.7140 or Jan G. Marsh at 678.336.7135.

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