Department of the Treasury Department of Labor Pension Benefit Guaranty Corporation Internal Revenue Service Employee Benefits Security Administration Instructions for Form 5500 Annual Return/Report of Employee Benefit Plan Code section references are to the Internal Revenue Code help filers comply with the Form 5500 and Form 5500-SF unless otherwise noted. ERISA refers to the Employee annual reporting requirements and avoid common reporting Retirement Income Security Act of 1974. errors. The Form 5500 must be filed electronically as noted above. EFAST2 Processing System See Section 3 – Electronic Filing Requirement and the Under the computerized ERISA Filing Acceptance System EFAST2 website at www.efast.dol.gov. Your Form 5500 (EFAST2), you must electronically file your 2023 Form 5500. entries will be initially screened electronically. Your entries Your Form 5500 entries will be initially screened electronically. must satisfy this screening for your filing to be received. Once For more information, see the instructions for Electronic Filing received, your form may be subject to further detailed review, Requirement and the EFAST2 website at www.efast.dol.gov. and your filing may be rejected based upon this further review. You cannot file a paper Form 5500 by mail or other delivery ERISA and the Code provide for the assessment or service. imposition of penalties for not submitting the required information when due. See Penalties. About the Form 5500 Annual reports filed under Title I of ERISA must be made The Form 5500, Annual Return/Report of Employee Benefit available by plan administrators to plan participants and Plan, including all required schedules and attachments (Form beneficiaries and by the DOL to the public pursuant to ERISA 5500 return/report), is used to report information concerning sections 104 and 106. Pursuant to Section 504 of the Pension employee benefit plans and Direct Filing Entities (DFEs). Any Protection Act of 2006 (PPA) Pub. L. 109-280, this availability administrator or sponsor of an employee benefit plan subject to for defined benefit pension plans must include the posting of ERISA must file information about each benefit plan every year identification and basic plan information and actuarial (pursuant to Code section 6058 and ERISA sections 104 and information (Form 5500, Schedule SB or MB, and all of the 4065). Some plans participate in certain trusts, accounts, and Schedule SB or MB attachments) on any plan sponsor intranet other investment arrangements that file a Form 5500 Annual website (or website maintained by the plan administrator on Return/Report as DFEs. See Who Must File and When To File. behalf of the plan sponsor) that is used for the purpose of The Internal Revenue Service (IRS), Department of Labor communicating with employees and not the public. Section 504 (DOL), and Pension Benefit Guaranty Corporation (PBGC) also requires DOL to display such information on DOL’s have consolidated certain returns and report forms to reduce website within 90 days after the filing of the plan’s annual the filing burden for plan administrators and employers. return/report. To see plan year 2009 and later Forms 5500, Employers and administrators who comply with the instructions including actuarial information, see www.dol.gov/ebsa. See for the Form 5500 generally will satisfy the annual reporting www.dol.gov/agencies/ebsa/workers-and-families/preparing- requirements for the IRS and DOL. for-retirement/pension-plan-actuarial-information-search- instructions for 2008 and short plan year 2009 actuarial Defined contribution and defined benefit pension plans may information filed under the previous paper-based system. have to file additional information with the IRS including Form 5330, Return of Excise Taxes Related to Employee Benefit Changes to Note Plans, Form 5310-A, Notice of Plan Merger or Consolidation, Schedule DCG for Defined Contribution Group (DCG) Spinoff, or Transfer of Plan Assets or Liabilities; Notice of Reporting Arrangements. Section 202 of the SECURE Act Qualified Separate Lines of Business, and Form 8955-SSA, (Pub. L. 116-94, Division O) directed the IRS and DOL to Annual Registration Statement Identifying Separated modify the Form 5500 to allow certain groups of defined Participants with Deferred Vested Benefits. See www.irs.gov contribution retirement plans to file a single consolidated for more information. annual return/report. For 2023, Form 5500 and the filing Plans covered by the PBGC have special additional instructions have been revised to add a new filing option – requirements, including premiums and reporting certain Defined Contribution Group (DCG) Reporting Arrangements. transactions directly with that agency. See PBGC’s website To be eligible to file as a DCG, all plans in the DCG must be (www.pbgc.gov/practitioners/) for information on premium individual account plans or defined contribution plans that have payments and reporting and disclosure. the same trustee; the same one or more named fiduciaries; the Each Form 5500 must accurately reflect the characteristics same plan administrator under ERISA and the Code; the same and operations that applied during the reporting year of the plan year; and provide the same investments or investment plan or arrangement. The requirements for completing the options for participants and beneficiaries. The DCG Form 5500 Form 5500 will vary according to the type of plan or generally will be subject to the filing requirements for large arrangement. The section What To File summarizes what pension plans and direct filing entities (DFEs). A new Schedule information must be reported for different types of plans and DCG is added that includes individual plan information for arrangements. The Quick Reference Chart of Form 5500, plans reporting within a DCG. In addition to filing plan level Schedules and Attachments, gives a brief guide to the annual information with the DCG Form 5500, the Schedule DCG is return/report requirements of the 2023 Form 5500. See also designed to enable participants and beneficiaries to easily the “Troubleshooters Guide to Filing the ERISA Annual identify any consolidated Form 5500 filing that includes their Reports” available on www.dol.gov/ebsa, which is intended to plan and to see individual plan details regarding their plan. |
Each Schedule DCG must include an attached IQPA report for to address a possible, albeit unlikely, situation in which the a plan that is required to have an audit under generally amount reported on line 6c would not be consistent with IRS applicable rules. regulations and the statute if the calculation was done in Small Plan Audits Participant Counting Methodology accordance with the instructions, (2) change the current Revisions. Both Form 5500 and Form 5500-SF, and their instructions for line 26a to revise a line reference, and (3) instructions, are revised to reflect a change in the methodology change the current instructions for the Schedule SB, line 26b for counting the number of participants used to determine attachment (projected benefit payments), for situations where a when a defined contribution pension plan may file as a small plan assumes some, or all, benefits are paid in a lump sum, plan, including determining eligibility for the conditional waiver and uses the annuity substitution rule (26 CFR 1.430(d)– of the independent qualified public accountant (IQPA) audit 1(f)(4)(iii)(B)) to determine the funding target. requirement. Beginning with 2023 plan year filings, a defined Administrative Penalties. The instructions have been contribution pension plan counts participants with account updated to reflect an increase in the maximum civil penalty balances at the beginning of the plan year, except for new amount assessable under Employee Retirement Income plans which use the number of participants with account Security Act section 502(c)(2), as required by the Federal Civil balances at the end of the plan year. Penalties Inflation Adjustment Act Improvements Act of 2015. Plan Characteristics. Form 5500, Part II, line 8a, plan Table of Contents Page characteristics code 3D is updated to include pre-approved Section 1: Who Must File ............................................... 3 403(b) plans among the listed plans covered by that code. Pension Benefit Plan ..................................................... 3 Schedule H Administrative Expenses Transparency Welfare Benefit Plan ..................................................... 4 Improvements. Schedule H is updated to add new breakout Direct Filing Entity (DFE) ............................................... 4 categories to the “Administrative Expenses” category of the Section 2: When To File .................................................. 4 Income and Expenses section of the Schedule H balance Extension of Time To File ............................................. 5 sheet. This change provides a better picture of plan expenses, Section 3: Electronic Filing Requirement ..................... 5 particularly those related to service providers including fee Amended Return/Report ................................................ 6 categories related to contract administration, recordkeeping, Final Return/Report ....................................................... 7 audit fees, investment advisory and management, trustee and Signature and Date ........................................................ 7 custodial, actuarial, legal, valuation/appraisal and other Change in Plan Year ...................................................... 7 expenses. Penalties ........................................................................ 7 Schedule MEP for Multiple-Employer Plans. A new Administrative Penalties ............................................... 8 Schedule MEP (Multiple-Employer Pension Plan Information) Other Penalties ............................................................ 8 is added to consolidate SECURE Act related and other Section 4: What To File .................................................. 8 multiple-employer plan reporting in one schedule, including Form 5500 Schedules .................................................... 8 ERISA section 103(g) participating employer information and Pension Schedules ................................................... 8 aggregate account information. For 2023, questions intended General Schedules ..................................................... 9 to satisfy the SECURE Act’s reporting requirements for pooled Pension Benefit Plan Filing Requirements ..................... 9 employer plans and questions to link the Form PR (Pooled Limited Pension Plan Reporting ............................... 10 Employer Registration) and the Form 5500 for each plan Welfare Benefit Plan Filing Requirements ................... 10 operated by a pooled plan provider are also found on the Direct Filing Entity (DFE) Filing Requirements............. 11 Schedule MEP. The Schedule MEP requires reporting of Master Trust Investment Account (MTIA) ................. 11 information consistent with that which was required to be Common/Collective Trust (CCT) and Pooled reported in different formats in prior years, including identifying Separate Account (PSA) .......................................... 11 different types of multiple-employer defined contribution plans 103-12 Investment Entity (103-12 IE) ...................... 12 filing the Form 5500 (pooled employer plans, association Defined Contribution Group Reporting arrangements retirement plans, PEO multiple-employer plans, and other (DCGs or DCG Report Arrangements) ..................... 12 multiple-employer plans). Finally, a new checkbox is added to Quick Reference Chart of Form 5500, Schedules, and the Form 5500 (Part II, line 10a(5)) to indicate a Schedule MEP Attachments ............................................................. 14 is attached. Section 5: Line-by-Line Instructions for the 2023 Form 5500 and Schedules......................................... 16 Schedule MB - Schedule MB is revised to add Notes that Part I (Form 5500) – Annual Return/Report Identification clarify how to report special financial assistance for Information ............................................................... 16 multiemployer plans. Part II (Form 5500) – Basic Plan Information ............... 17 Schedule R. Several new IRS tax compliance questions are M-1 Compliance Information ........................................ 21 being added to Schedule R beginning with the 2023 plan year Schedule A – Insurance Information ............................ 24 reports, The changes add questions in three major areas: non- Schedule C – Service Provider Information ................. 27 discrimination testing, ADP testing and pre-approved plan Schedule D – DFE/Participating Plan Information ....... 32 letters. There are several new changes to Schedule R, line 19 Schedule DCG – Individual Plan Information ............... 34 and its instructions, include the following: (1) modify Schedule Schedule G – Financial Transaction Schedules .......... 41 R, line 19a, to require that all defined benefit pension plans Schedule H – Financial Information ............................. 43 (except DFEs) with 1,000 or more participants at the beginning Schedule I – Financial Information – Small Plan.......... 55 of the plan year show the end-of-year distribution of assets, Schedule MB – Multiemployer Defined Benefit Plan and broken down in seven reconfigured categories of plan assets, Certain Money Purchase Plan Actuarial and provide clarification concerning classification of atypical Information ............................................................... 63 investments; (2) modify Schedule R, line 19b, to change the Schedule MEP – Multiple-Employer Retirement Plan available categories for current average duration; and (3) Information ............................................................... 71 eliminate Schedule R, line 19c. Schedule R – Retirement Plan Information .................. 73 Schedule SB Schedule SB – Single-Employer Defined Benefit Plan Schedule SB is revised to include the following: (1) change Actuarial Information ................................................ 79 Schedule SB, line 6 (Target Normal Cost), and its instructions, -2- General Instructions to Form 5500 |
Paperwork Reduction Act Notice ............................... 93 of ERISA, see Field Assistance Bulletins 2009-02 and 2010- Codes for Principal Business Activity ........................ 94 01. ERISA Compliance Quick Checklist ............................ 97 3. Individual retirement accounts (IRAs) established by an Index .............................................................................. 98 employer under Code section 408(c). 4. Church pension plans electing coverage under Code section 410(d). How To Get Assistance 5. Pension benefit plans that cover residents of Puerto Rico, the U.S. Virgin Islands, Guam, Wake Island, or American If you need help completing this form or have related Samoa. This includes a plan that elects to have the provisions questions, call the EFAST2 Help Desk at 1-866-GO-EFAST of section 1022(i)(2) of ERISA apply. (1-866-463-3278) (toll-free) or access the EFAST2 or IRS 6. Plans that satisfy the Actual Deferral Percentage websites. The EFAST2 Help Desk is available Monday through requirements of Code section 401(k)(3)(A)(ii) by adopting the Friday from 8:00 am to 8:00 pm, Eastern Time. ‘‘SIMPLE’’ provisions of section 401(k)(11). You can access the EFAST2 website 24 hours a day, 7 See What To File for more information about what must be days a week at www.efast.dol.gov to: completed for pension plans. File the Form 5500-SF or 5500, and any needed schedules Do Not File a Form 5500 for a Pension Benefit or attachments. Plan That Is Any of the Following: Check on the status of a filing you submitted. View filings posted by EFAST2. 1. An unfunded excess benefit plan. See ERISA section Register for electronic credentials to sign or submit filings. 4(b)(5). 2. An annuity or custodial account arrangement under Code View forms and related instructions. sections 403(b)(1) or (7) not established or maintained by an Get information regarding EFAST2, including approved employer as described in DOL Regulation 29 CFR 2510.3-2(f). software vendors. 3. A Savings Incentive Match Plan for Employees of Small See answers to frequently asked questions about the Form Employers (SIMPLE) that involves SIMPLE IRAs under Code 5500-SF, the Form 5500 and its schedules, and EFAST2. section 408(p). Access the main EBSA and DOL websites for news, 4. A simplified employee pension (SEP) or a salary regulations, and publications. reduction SEP described in Code section 408(k) that conforms You can access the IRS website 24 hours a day, 7 days a to the alternative method of compliance in 29 CFR 2520.104- week at www.irs.gov to: 48 or 2520.104-49. A SEP is a pension plan that meets certain View forms, instructions, and publications. minimum qualifications regarding eligibility and employer See answers to frequently asked tax questions. contributions. 5. A church pension benefit plan not electing coverage Search publications online by topic or keyword. under Code section 410(d). Send comments or request help by e-mail. 6. A pension plan that is maintained outside the United Sign up to receive local and national tax news by e-mail. States primarily for the benefit of persons substantially all of You can order other IRS forms and publications at whom are nonresident aliens. However, certain foreign plans www.irs.gov/orderforms. You can order EBSA publications by are required to file the Form 5500-EZ on paper with the IRS or calling 1-866-444-EBSA (3272). electronically with EFAST2. A foreign plan must file the Form 5500-EZ electronically with EFAST2 instead of filing a paper Form 5500-EZ with the IRS, if the filer is required to file at least Section 1: Who Must File 250 returns of any type with the IRS during the calendar year, including information returns (for example, Forms W-2 and A return/report must be filed every year for every pension Forms 1099), income tax returns, employment tax returns, and benefit plan, welfare benefit plan, and for every entity that files excise tax returns. For more information on filing Form 5500- as a DFE as specified below (pursuant to Code section 6058 EZ, see the Instructions for Form 5500-EZ, or go to and ERISA sections 104 and 4065). www.irs.gov. If you are a small plan (generally under 100 participants at 7. An unfunded pension plan for a select group of the beginning of the plan year), you may be eligible to file the management or highly compensated employees that meets the Form 5500-SF instead of the Form 5500. For more information, requirements of 29 CFR 2520.104-23, including timely filing of see the instructions to the Form 5500-SF. a registration statement with the DOL. Pension Benefit Plan 8. An unfunded dues financed pension benefit plan that meets the alternative method of compliance provided by 29 All pension benefit plans covered by ERISA must file an annual CFR 2520.104-27. return/report except as provided in this section. The return/ 9. An individual retirement account or annuity not report must be filed whether or not the plan is “tax-qualified,” considered a pension plan under 29 CFR 2510.3-2(d). benefits no longer accrue, contributions were not made this 10. A governmental plan. plan year, or contributions are no longer made. Pension benefit 11. A “one-participant plan,” as defined below. However, plans required to file include both defined benefit plans and certain one-participant plans are required to file the Form defined contribution plans. 5500-EZ, Annual Return of A One-Participant The following are among the pension benefit plans for (Owners/Partners and Their Spouses) Retirement Plan or A which a return/report must be filed. Foreign Plan, on paper with the IRS or electronically with 1. Profit-sharing plans, stock bonus plans, money purchase EFAST2. A one-participant plan must file the Form 5500-EZ plans, 401(k) plans, etc. electronically with EFAST2 instead of filing a paper Form 5500- 2. Annuity arrangements under Code section 403(b)(1) and EZ with the IRS, if the filer is required to file at least 250 custodial accounts established under Code section 403(b)(7) returns of any type with the IRS during the calendar year, for regulated investment company stock. For more information including information returns (for example, Forms W-2 and regarding filing requirements for 403(b) plans subject to Title I Forms 1099), income tax returns, employment tax returns, and excise tax returns. For more information on filing Form 5500- General Instructions to Form 5500 --3 |
EZ, see the Instructions for Form 5500-EZ, or go to contributions by its employees or members (which the www.irs.gov. For this purpose, a “one-participant plan” is: employer or employee organization forwards within three (3) a. a pension benefit plan that covers only an individual or months of receipt). The insurance contracts or policies an individual and their spouse who wholly own a trade or discussed above must be issued by an insurance company or business, whether incorporated or unincorporated; or similar organization (such as Blue Cross, Blue Shield or a b. a pension benefit plan for a partnership that covers only health maintenance organization) that is qualified to do the partners or the partners and the partners’ spouses (treating business in any state. 2% shareholder of an S corporation, as defined in Code c. A combination unfunded/insured welfare benefit plan has section 1372(b), as a partner). its benefits provided partially as an unfunded plan and partially See the instructions to the Form 5500-EZ for eligibility as a fully insured plan. An example of such a plan is a welfare conditions and filing requirements. For more information, go to benefit plan that provides medical benefits as in above and a www.irs.gov/ep. life insurance benefits as in above. See 29 CFR 2520.104-b 20. Welfare Benefit Plan 2. A welfare benefit plan maintained outside the United All welfare benefit plans covered by ERISA are required to file States primarily for persons substantially all of whom are a Form 5500 except as provided in this section. Welfare benefit nonresident aliens. plans provide benefits such as medical, dental, life insurance, 3. A governmental plan. apprenticeship and training, scholarship funds, severance pay, 4. An unfunded or insured welfare benefit plan maintained disability, etc. See What To File for more information. for a select group of management or highly compensated Reminder: The administrator of an employee welfare benefit employees, which meets the requirements of 29 CFR plan that provides benefits wholly or partially through a 2520.104-24. Multiple-Employer Welfare Arrangement (MEWA) as defined in 5. An employee benefit plan maintained only to comply with ERISA section 3(40) must file a Form 5500, unless otherwise workers’ compensation, unemployment compensation, or exempt. Plans required to file a Form M-1, Report for Multiple- disability insurance laws. Employer Welfare Arrangements (MEWAs) and Certain 6. A welfare benefit plan that participates in a group Entities Claiming Exception (ECEs), are not eligible for the insurance arrangement that files a Form 5500 on behalf of the filing exemption in 29 CFR 2520.104-20 described below. Such welfare benefit plan as specified in 29 CFR 2520.103-2. See plans are required to file the Form 5500 regardless of the plan 29 CFR 2520.104-43. size or type of funding. 7. An apprenticeship or training plan meeting all of the conditions specified in 29 CFR 2520.104-22. Do Not File a Form 5500 for a Welfare Benefit 8. An unfunded dues financed welfare benefit plan Plan That Is Any of the Following: exempted by 29 CFR 2520.104-26. 1. A welfare benefit plan that covered fewer than 100 9. A church plan under ERISA section 3(33). participants as of the beginning of the plan year and is 10. A welfare benefit plan maintained solely for (1) an unfunded, fully insured, or a combination of insured and individual or an individual and their spouse, who wholly own a unfunded, and which is not subject to the Form M-1 trade or business, whether incorporated or unincorporated, or requirements under 29 CFR 2520.101-2, as specified in 29 (2) partners or the partners and the partners’ spouses in a CFR 2520.104-20. partnership. See 29 CFR 2510.3-3(b). Note. To determine whether the plan covers fewer than 100 Direct Filing Entity (DFE) participants for purposes of these filing exemptions for insured Some plans participate in certain trusts, accounts, and other and unfunded welfare plans, see instructions for lines 5 and 6 investment or reporting arrangements that file the Form 5500 on counting participants in a welfare plan. See also 29 CFR Annual Return/Report as a DFE in accordance with the Direct 2510.3-3(d). Filing Entity (DFE) Filing Requirements. A Form 5500 must be a. An unfunded welfare benefit plan has its benefits paid as filed for a master trust investment account (MTIA). A Form needed directly from the general assets of the employer or 5500 is not required but may be filed for a common/collective employee organization that sponsors the plan. trust (CCT), pooled separate account (PSA), 103-12 Note. Plans that are NOT unfunded include those plans that investment entity (103-12 IE), defined contribution group received employee (or former employee) contributions during reporting arrangement (DCG or DCG reporting arrangement), the plan year and/or used a trust or separately maintained fund or group insurance arrangement (GIA). Plans that participate in (including a Code section 501(c)(9) trust) to hold plan assets or CCTs, PSAs, 103-12 IEs, DCGs, or GIAs that file as DFEs, act as a conduit for the transfer of plan assets during the year. however, generally are eligible for certain annual reporting A welfare benefit plan with employee contributions that is relief. For reporting purposes, a CCT, PSA, 103-12 IE, DCG, or associated with a cafeteria plan under Code section 125 may GIA is not considered a DFE unless a Form 5500 and all be treated for annual reporting purposes as an unfunded required attachments are filed for it in accordance with the welfare plan if it meets the requirements of DOL Technical Direct Filing Entity (DFE) Filing Requirements. Release 92-01, 57 Fed. Reg. 23272 (June 2, 1992) and 58 Note. Special requirements also apply to Schedules D and H Fed. Reg. 45359 (Aug. 27, 1993). The mere receipt of COBRA attached to the Form 5500 filed by plans participating in contributions or other after-tax participant contributions (e.g., MTIAs, CCTs, PSAs, DCGs, and 103-12 IEs. See these retiree contributions) by a cafeteria plan would not by itself schedules and their instructions. affect the availability of the relief provided for cafeteria plans that otherwise meet the requirements of DOL Technical Release 92-01. See 61 Fed. Reg. 41220, 41222-23 (Aug. 7, Section 2: When To File 1996). b. A fully insured welfare benefit plan has its benefits Plans, DCGs and GIAs. File 2023 returns/reports for plan, provided exclusively through insurance contracts or policies, DCG and GIA years that began in 2023. All required forms, the premiums of which must be paid directly to the insurance schedules, statements, and attachments must be filed by the carrier by the employer or employee organization from its last day of the 7th calendar month after the end of the plan, general assets or partly from its general assets and partly from DCG or GIA year (not to exceed 12 months in length) that -4- General Instructions to Form 5500 |
began in 2023. If the plan, DCG or GIA year differs from the Form 5500 until the extended due date of filing Form 990 2023 calendar year, fill in the fiscal year beginning and ending series if all conditions listed above are met. An extension dates in the space provided. granted by using this automatic extension procedure cannot be DFEs other than DCGs and GIAs. File 2023 returns/reports extended beyond a total of 9½ months beyond the close of the no later than 9½ months after the end of the DFE year that plan year. ended in 2023. A Form 5500 filed for a DFE (other than DCGs Note. An extension of time to file the Form 5500 does not and GIAs) must report information for the DFE year (not to operate as an extension of time to file a Form 5500 filed for a exceed 12 months in length). If the DFE year differs from the DFE (other than a DCG or GIA), to file PBGC premiums or 2023 calendar year, fill in the fiscal year beginning and ending annual financial and actuarial reports (if required by section dates in the space provided. 4010 of ERISA) or to file the Form 8955-SSA (Annual Short Years. For a plan year of less than 12 months (short Registration Statement Identifying Separated Participants with plan year), file the form and applicable schedules by the last Deferred Vested Benefits) (required to be filed with the IRS day of the 7th calendar month after the short plan year ends or under Code section 6057(a)). by the extended due date, if filing under an authorized Other Extensions of Time extension of time. Fill in the short plan year beginning and ending dates in the space provided and check the appropriate The IRS, DOL, and PBGC may announce special extensions box in Part I, line B, of the Form 5500. For purposes of this of time under certain circumstances, such as extensions for return/report, the short plan year ends on the date of the Presidentially-declared disasters or for service in, or in support change in accounting period or upon the complete distribution of, the Armed Forces of the United States in a combat zone. of assets of the plan. Also see the instructions for Final Return/ See www.irs.gov, www.efast.dol.gov, and Report to determine if “the final return/report” box in line B www.pbgc.gov/practitioners for announcements regarding such should be checked. special extensions. If you are relying on one of these announced special extensions, check the appropriate box on Notes. (1) If the filing due date falls on a Saturday, Sunday, or Form 5500, Part I, line D, and enter a description of the Federal holiday, the return/report may be filed on the next day announced authority for the extension. that is not a Saturday, Sunday, or Federal holiday. (2) If the 2024 Form 5500 is not available before the plan or DFE filing is Delinquent Filer Voluntary Compliance (DFVC) due, use the 2023 Form 5500 and enter the 2024 fiscal year Program beginning and ending dates on the line provided at the top of The DFVC Program facilitates voluntary compliance by plan the form. administrators who are delinquent in filing annual reports under Extension of Time To File Using Form 5558 Title I of ERISA by permitting administrators to pay reduced civil penalties for voluntarily complying with their DOL annual A plan, GIA, or DCG may obtain a one-time extension of time reporting obligations. If the Form 5500 is being filed under the to file a Form 5500 Annual Return/Report (up to 2½ months) DFVC Program, check the appropriate box in Form 5500, Part by filing IRS Form 5558, Application for Extension of Time To I, line D, to indicate that the Form 5500 is being filed under the File Certain Employee Plan Returns, on or before the normal DFVC Program. See www.efast.dol.gov for additional due date (not including any extensions) of the return/report. information. You can file paper Form 5558 with the IRS. Approved paper copies of the Form 5558 will not be returned to the filer. A copy Plan administrators are reminded that they can use the of the completed extension request must, however, be retained online calculator available at with the filer’s records. www.askebsa.dol.gov/dfvcepay/calculator to compute the penalties due under the program. Payments under the DFVC File the paper Form 5558 with the Department of the Program also may be submitted electronically. For information Treasury, Internal Revenue Service Center, Ogden, UT 84201- on how to pay DFVC Program payments online, go to 0045. www.dol.gov/ebsa. Note. A DCG reporting arrangement can file a single Form Filers who wish to participate in the DFVC Program for 5558 for an extension of time to file a Form 5500 Annual plan years prior to 2021 must use the 2023 version of Return/Report that includes a list of the individual plans Form 5500 or, if applicable, Form 5500-SF. Use the Form 5500 participating in the DCG reporting arrangement covered by the Version Selection Tool available at www.efast.dol.gov for single Form 5558 request for an extension. further information. Using Extension of Time To File Federal Income Tax Return An automatic extension of time to file the Form 5500 Annual Section 3: Electronic Filing Requirement Return/Report until the due date of the federal income tax Under the computerized ERISA Filing Acceptance System return of the employer will be granted if all of the following (EFAST2), you must file your 2023 Form 5500 Annual Return/ conditions are met: (1) the plan year and the employer’s tax Report electronically. You may file online using EFAST2’s web- year are the same; (2) the employer has been granted an based filing system or you may file through an EFAST2- extension of time to file its federal income tax return to a date approved vendor. Detailed information on electronic filing is later than the normal due date for filing the Form 5500; and (3) available at www.efast.dol.gov. For telephone assistance, call a copy of the application for extension of time to file the federal the EFAST2 Help Desk at 1-866-GO-EFAST (1-866-463- income tax return is maintained with the filer’s records. An 3278). The EFAST2 Help Desk is available Monday through extension granted by using this automatic extension procedure Friday from 8:00 am to 8:00 pm, Eastern Time. CANNOT be extended further by filing a Form 5558, nor can it Annual returns/reports filed under Title I of ERISA must be extended beyond a total of 9½ months beyond the close of be made available by plan administrators to plan the plan year. participants and beneficiaries and by the DOL to the public Note. A tax-exempt organization is not required to file a federal pursuant to ERISA sections 104 and 106. Even though the income tax return. However, if the organization uses a Form Form 5500 must be filed electronically, the administrator must 8868 to request an extension for its Form 990 series return, the keep a copy of the Form 5500, including schedules and filer is automatically granted an extension of time to file the attachments, with all required signatures on file as part of the General Instructions to Form 5500 --5 |
plan’s records and must make a paper copy available upon calling the EFAST2 Help Desk at 1-866-GO-EFAST (1-866- request to participants, beneficiaries, and the DOL as required 463-3278) and using the automated telephone system. by section 104 of ERISA and 29 CFR 2520.103-1. Filers may To reduce the possibility of correspondence and penalties use electronic media for record maintenance and retention, so from the DOL, IRS, and/or PBGC, you should do the following: long as they meet the applicable requirements. (See 29 CFR (1) Before submitting your return/report to EFAST2, check it for 2520.107-1). errors, and (2) after you have submitted it to EFAST2, verify Note. Effective for plan years beginning after 2019, a one- that you have received a filing status of “Filing Received” and participant plan or a foreign plan can file Form 5500-EZ attempt to correct and resolve any errors or warnings listed in electronically using the EFAST2 filing system. Information filed the status report. on Form 5500-EZ using EFAST2 is required to be made Note. Even after being received by the EFAST2 system, your available to the public. However, information filed with EFAST2 return/report filing may be subject to further detailed review by using Form 5500-EZ will not be published on the internet. DOL, IRS, and/or PBGC, and your filing may be deemed Generally, questions on the Form 5500 relate to the plan deficient based upon this further review. See Penalties on year entered at the top of the first page of the form. Therefore, Page 7. answer all questions on the 2023 Form 5500 with respect to Do not enter social security numbers in response to the 2023 plan year unless otherwise explicitly stated in the questions asking for an employer identification number instructions or on the form itself. (EIN). Because of privacy concerns, the inclusion of a social Your entries must be in the proper format in order for the security number or any portion thereof on the Form 5500 or on EFAST2 system to process your filing. For example, if a a schedule or attachment that is open to public inspection may question requires you to enter a dollar amount, you cannot result in the rejection of the filing. If you discover a filing enter a word. Your software will not let you submit your return/ disclosed on the EFAST2 website that contains a social report unless all entries are in the proper format. To reduce the security number, immediately call the EFAST2 Help Desk at 1- possibility of correspondence and penalties: 866-GO-EFAST (1-866-463-3278). Complete all lines on the Form 5500 unless otherwise Employers without an EIN must apply for one as soon as specified. Also complete and electronically attach, as required, possible. The EBSA does not issue EINs. To apply for an EIN applicable schedules and attachments. from the IRS: Do not enter “N/A” or “Not Applicable” on the Form 5500 Mail or fax Form SS-4, Application for Employer Identification unless specifically permitted. “Yes” or “No” questions on the Number, obtained at www.irs.gov/orderforms. forms and schedules cannot be left blank, unless specifically See www.IRS.gov/Businesses and click on “Employer ID permitted. Answer either “Yes” or “No,” but not both. Numbers” for additional information. The EIN is issued All schedules and attachments to the Form 5500 must be immediately once the application information is validated. (The properly identified, and must include the name of the plan or online application process is not yet available for corporations DFE, EIN, and plan number (PN) as found on the Form 5500, with addresses in foreign countries or Puerto Rico.) lines, 1a, 2b, and 1b, respectively. At the top of each Do not attach a copy of the annual registration statement attachment, indicate the schedule and line, if any (e.g., (IRS Form 8955-SSA) identifying separated participants with Schedule H, line 4i) to which the attachment relates. deferred vested benefits, or a previous year’s Schedule SSA Check your return/report for errors before signing or (Form 5500) to your 2023 Form 5500 Annual Return/Report. submitting it to EFAST2. Your filing software or, if you are The annual registration statement must be filed directly with using it, the EFAST2 web-based filing system will allow you to the IRS and cannot be attached to a Form 5500 submission check your return/report for errors. If, after reasonable attempts with EFAST2. to correct your filing to eliminate any identified problem or Amended Return/Report problems, you are unable to address them, or you believe that you are receiving the message in error, call the EFAST2 Help File an amended return/report to correct errors and/or Desk at 1-866-GO-EFAST (1-866-463-3278) or contact the omissions in a previously filed annual return/report for the 2023 service provider you used to help prepare and file your annual plan year. The amended Form 5500 and any amended return/report. schedules and/or attachments must conform to the requirements in these instructions. See the DOL website at Once you complete the return/report and finish the www.efast.dol.gov for information on filing amended returns/ electronic signature process, you can electronically submit it to reports for prior years. EFAST2. When you electronically submit your return/report, EFAST2 is designed to immediately notify you if your Note. An amended filing must be submitted as a complete submission was received and whether the return/report is replacement of the previously submitted filing. You will need to ready to be processed by EFAST2. If EFAST2 does not notify resubmit the entire form, with all required schedules and you that your submission was successfully received and is attachments, through EFAST2. You cannot submit just the parts ready to be processed, you will need to take steps to correct of the filing that are being amended. See EFAST2 FAQs the problem or you may be deemed a non-filer subject to available on the EFAST website at www.efast.dol.gov. penalties from DOL, IRS, and/or PBGC. If a plan participating in a DCG amended its Schedule DCG Once EFAST2 receives your return/report, the EFAST2 to correct errors and /or omissions in a previously filed Schedule system should be able to provide a filing status within 20 DCG, the DCG must resubmit an amended filing as described minutes. The person submitting the filing should check back above, with all required schedules and attachments, including into the EFAST2 system to determine the filing status of your Schedules DCG for all participating plans that were submitted return/report. The filing status message will include a list of any with the original return. The line F box for “an amended filing errors or warnings that EFAST2 may have identified in Schedule DCG” on the Schedule DCG must be checked only for your filing. If EFAST2 did not identify any filing errors or those Schedules DCG that have been changed from the original warnings, EFAST2 will show the filing status of your return/ submission. report as “Filing Received.” Persons other than the submitter Check the line B box for “an amended return/report” if you can check whether the filing was received by the system by filed a previous 2023 annual return/report that was given a -6- General Instructions to Form 5500 |
“Filing_Received,” “Filing_Error,” or “Filing_Stopped” status by the service provider has been authorized in writing by the plan EFAST2. Do not check the line B box for “an amended administrator, plan sponsor/employer, or DFE, as applicable, to return/report” if your previous submission attempts were not electronically submit the return/report; (2) that a copy of the successfully received by EFAST2 because of problems with the specific written authorization will be kept in the service transmission of your return/report. For more information, go to provider’s records; (3) that, in addition to any other required the EFAST2 website at www.efast.dol.gov or call the EFAST2 schedules or attachments, the electronic filing includes a true Help Desk at 1-866-GO-EFAST (1-866-463-3278). and correct PDF copy of the completed Form 5500 (without schedules or attachments) bearing the manual signature of the Final Return/Report plan administrator, employer/plan sponsor, or DFE, as If all assets under the plan (including insurance/annuity applicable, under penalty of perjury; (4) that the service contracts) have been distributed to the participants and provider advised the plan administrator, employer/plan beneficiaries or legally transferred to the control of another sponsor, or DFE, as applicable, that by selecting this electronic plan, and when all liabilities for which benefits may be paid signature option, the image of the plan administrator’s, under a welfare benefit plan have been satisfied, check the employer/plan sponsor’s, or DFE’s manual signature will be final return/report box in Part I, line B at the top of the Form included with the rest of the return/report posted by the 5500. Do not mark the final return/report box if you are Department of Labor on the Internet for public disclosure; and reporting participants and/or assets at the end of the plan year. (5) that the service provider will communicate to the plan If a trustee is appointed for a terminated defined benefit plan administrator, employer/plan sponsor, or DFE, as applicable, pursuant to ERISA section 4042, the last plan year for which a any inquiries and information received from EFAST2, DOL, return/report must be filed is the year in which the trustee is IRS or PBGC regarding the return/report. appointed. If you are in this situation you may contact Note. The Code permits either the plan sponsor/employer or PBGCTrusteedPlan@dol.gov for further information. the administrator to sign the filing. However, any Form 5500 Examples: that is not electronically signed by the plan administrator will be subject to rejection and civil penalties under Title I of ERISA. Mergers/Consolidations For DFE filings, a person authorized to sign on behalf of the A final return/report should be filed for the plan year (12 DFE must sign for the DFE. months or less) that ends when all plan assets were legally transferred to the control of another plan. The Form 5500 Annual Return/Report must be filed electronically and signed. To obtain an electronic signature, go Pension and Welfare Plans That Terminated Without to www.efast.dol.gov and register in EFAST2 as a signer. You Distributing All Assets will be provided with a UserID and PIN. Both the UserID and If the plan was terminated, but all plan assets were not PIN are needed to sign the Form 5500. The plan administrator distributed, a return/report must be filed for each year the plan must keep a copy of the Form 5500, including schedules and has assets. The return/report must be filed by the plan attachments with all required signatures on file as part of the administrator, if designated, or by the person or persons who plan’s records. See 29 CFR 2520.103-1. actually control the plan’s assets/property. Electronic signatures on annual returns/reports filed under EFAST2 are governed by the applicable statutory and Welfare Plans Still Liable To Pay Benefits regulatory requirements. A welfare plan cannot file a final return/report if the plan is still Change in Plan Year liable to pay benefits for claims that were incurred prior to the termination date, but not yet paid. See 29 CFR 2520.104b- Generally, only defined benefit pension plans need to get 2(g)(2)(ii). approval for a change in the plan year. See Code section 412(d)(1). However, under Revenue Procedure 87-27, 1987-1 Signature and Date C.B. 769, these pension plans may be eligible for automatic For purposes of Title I of ERISA, the plan administrator is approval of a change in plan year. required to file the Form 5500. If the plan administrator does If a change in plan year for a pension or welfare benefit plan not sign a filing, the filing status will indicate that there is an creates a short plan year, file the form and applicable error with your filing, and your filing will be subject to further schedules by the last day of the 7th calendar month after the review, correspondence, rejection, and civil penalties. short plan year ends or by the extended due date, if filing The plan administrator must electronically sign the Form 5500 under an authorized extension of time. Fill in the short plan or 5500-SF submitted to EFAST2. year beginning and ending dates in the space provided in Part I and check the appropriate box in Part I, line B of the Form After submitting your filing, you must check the Filing 5500. For purposes of this return/report, the short plan year Status. If the filing status is "Processing Stopped" or ends on the date of the change in accounting period or upon “Unprocessable”, it is possible your submission was not sent the complete distribution of assets of the plan. Also, see the with a valid electronic signature as required, and depending on instructions for the Final Return/Report to determine if “final the error, may be considered not to have been filed. By looking return/report” in line B should be checked. closer at the Filing Status, you can see specific error messages applicable to the transmitted filing and determine Penalties whether it was sent with a valid electronic signature and what Plan administrators and plan sponsors must provide complete other errors may need to be corrected. and accurate information and must otherwise comply fully with Note. If the plan administrator is an entity, the electronic the filing requirements. ERISA and the Code provide for the signature must be in the name of a person authorized to sign DOL and the IRS, respectively, to assess or impose penalties on behalf of the plan administrator. for not giving complete and accurate information and for not Authorized Service Provider Signatures. A statement for filing complete and accurate statements and returns/reports. service providers that use this electronic signature option is in Certain penalties are administrative (i.e., they may be imposed the IFILE application. The statement provides that, by signing or assessed by one of the governmental agencies delegated to the electronic filing, the service provider is attesting: (1) that administer the collection of the annual return/report data). Others require a legal conviction. General Instructions to Form 5500 --7 |
Administrative Penalties DFEs that are required to file the schedule. Listed below are various penalties under ERISA and the Code Filing requirements also are listed by type of filer: that may be assessed or imposed for not meeting the annual (1) Pension Benefit Plan Filing Requirements; (2) Welfare return/report filing requirements. Generally, whether the Benefit Plan Filing Requirements; and (3) DFE Filing penalty is under ERISA or the Code, or both, depends upon Requirements (including DCG reporting arrangements). For the agency for which the information is required to be filed. each filer type there is a separate list of the schedules that One or more of the following administrative penalties may be must be filed with the Form 5500 (including where applicable, assessed or imposed in the event of incomplete filings or filings separate lists for large plan filers, small plan filers, and different received after the due date unless it is determined that your types of DFEs). failure to file properly is for reasonable cause: The filing requirements also are summarized in a “Quick 1. A penalty of up to $2,586 a day for each day a plan Reference Chart of Form 5500, Schedules, and Attachments.” administrator fails or refuses to file a complete and accurate Generally, a return/report filed for a pension benefit plan or report. See ERISA section 502(c)(2), 29 CFR 2560.502c-2, welfare benefit plan that covered fewer than 100 participants and the Federal Civil Penalties Inflation Adjustment Act of as of the beginning of the plan year should be completed 1990, as amended by the Federal Civil Penalties Inflation following the requirements below for a “small plan,” and a Adjustment Act Improvements Act of 2015 (2015 Inflation return/report filed for a plan that covered 100 or more Adjustment Act). Pub. L. No. 114-74; 129 Stat. 599 and the participants as of the beginning of the plan year should be DOL’s implementing regulation at 88 FR 2210 (Jan. 15, 2023). completed following the requirements below for a “large plan.” The 2015 Inflation Adjustment Act requires agencies to adjust A plan other than a defined contribution pension plan uses the levels of civil monetary penalties with an initial catch-up the number of participants required to be entered in line 5 of adjustment, followed by annual adjustments for the Form 5500 to determine whether a plan is a “small plan” or inflation. Because the Federal Civil Penalties Inflation “large plan.” Defined contribution pension plans use the Adjustment Improvements Act of 2015 (Pub. L. No. 114-74; number required to be entered on line 6g(1), except defined 129 Stat. 599), requires the penalty amount to be adjusted contribution pension plans that check the “first return/report” annually after the Form 5500 and its schedules, attachments, box on Part I, line B use the number entered on line 6g(2). and instructions are published for filing, be sure to check DOL’s website for any possible required inflation adjustments Exceptions: of the maximum penalty amount that may have been published (1) 80-120 Participant Rule: If the number of participants is in the Federal Register after the instructions have been posted. between 80 and 120, and a Form 5500 Annual Return/Report 2. A penalty of $250 a day (up to $150,000) for not filing was filed for the prior plan year, you may elect to complete the returns for certain plans of deferred compensation, trusts and return/report in the same category (‘‘large plan’’ or ‘‘small annuities, and bond purchase plans by the due date(s). See plan’’) as was filed for the prior return/report. Thus, if a Form Code section 6652(e). 5500-SF or a Form 5500 Annual Return/Report was filed for 3. A penalty of $1,000 for each failure to file an actuarial the 2022 plan year as a small plan, including the Schedule I if statement (Schedule MB (Form 5500) or Schedule SB (Form applicable, and the participant count for the 2023 Form 5500 is 5500)) required by the applicable instructions. See Code 120 or less, you may elect to complete the 2023 Form 5500 section 6692. and schedules in accordance with the instructions for a small Other Penalties plan, including for eligible filers, filing the Form 5500-SF 1. Any individual who willfully violates any provision of Part instead of the Form 5500. 1 of Title I of ERISA shall on conviction be fined not more than (2) Short Plan Year Rule: If the plan had a short plan year $100,000 or imprisoned not more than 10 years, or both. See of seven (7) months or less for either the prior plan year or the ERISA section 501. plan year being reported on the 2023 Form 5500, an election 2. A penalty up to $10,000, five (5) years imprisonment, or can be made to defer filing the accountant’s report in both, may be imposed for making any false statement or accordance with 29 CFR 2520.104-50. If such an election was representation of fact, knowing it to be false, or for knowingly made for the prior plan year, the 2023 Form 5500 must be concealing or not disclosing any fact required by ERISA. See completed following the requirements for a large plan, section 1027, Title 18, U.S. Code, as amended by section 111 including the attachment of the Schedule H and the of ERISA. accountant’s reports, regardless of the number of participants . (3) DCG Reporting Arrangements: Defined contribution pension plans included as participating plans in a DCG reporting arrangement each count participants at the individual Section 4: What To File plan level to determine whether the plan may be eligible for the The Form 5500 reporting requirements vary depending on waiver of the annual examination and report of an independent whether the Form 5500 is being filed for a ‘‘large plan,’’ a qualified public accountant (IQPA) for small plans on the ‘‘small plan,’’ and/or a DFE, and on the particular type of plan Schedule DCG. For additional information, see the Schedule or DFE involved (e.g., welfare plan, pension plan, DCG instructions. common/collective trust (CCT), pooled separate account (PSA), master trust investment account (MTIA), 103-12 IE, Form 5500 Schedules defined contribution group reporting arrangement (DCG or Pension Schedules DCG reporting arrangement) or group insurance arrangement (GIA)). Schedule R (Retirement Plan Information) – is required for a pension benefit plan that is a defined benefit plan or is The instructions below provide detailed information about otherwise subject to Code section 412 or ERISA section 302. each of the Form 5500 schedules and which plans and DFEs Schedule R may also be required for certain other pension are required to file them. benefit plans unless otherwise specified under limited Pension The schedules are grouped in the instructions by type: Plan Reporting. For additional information, see the Schedule R (1) Pension Benefit Schedules and (2) General Schedules. instructions. Each schedule is listed separately with a description of the subject matter covered by the schedule and the plans and -8- General Instructions to Form 5500 |
Schedule MB (Multiemployer Defined Benefit Plan and information, see the Schedule A instructions. Certain Money Purchase Plan Actuarial Information) – is Note. Do not file Schedule A for Administrative Services Only required for most multiemployer defined benefit plans and for (ASO) contracts. Do not file Schedule A if a Schedule A is filed defined contribution pension plans that currently amortize a for the contract as part of the Form 5500 filed directly by a waiver of the minimum funding requirements specified in the master trust investment account (MTIA) or 103-12 IE. instructions for the Schedule MB. For additional information, see the instructions for the Schedule MB and the Schedule R. Schedule C (Service Provider Information) – is required for a large plan, MTIA, 103-12 IE, DCG or GIA if (1) any service Schedule SB (Single-Employer Defined Benefit Plan provider who rendered services to the plan or DFE during the Actuarial Information) – is required for most single-employer plan or DFE year received $5,000 or more in compensation, defined benefit plans, including multiple-employer defined directly or indirectly from the plan or DFE, or (2) an accountant benefit pension plans. For additional information, see the and/or enrolled actuary has been terminated. For additional instructions for the Schedule SB. information, see the Schedule C instructions. Schedule MEP (Multiple-Employer Retirement Plan Schedule D (DFE/Participating Plan Information) – Part I is Information) – is required for multiple-employer pension plans. required for a plan or DFE that invested or participated in any For additional information, see the instructions for the MTIAs, 103-12 IEs, CCTs, and/or PSAs. Part II is required Schedule MEP. when the Form 5500 is filed for a DFE, except DCGs. For Schedule DCG (Individual Plan Information) – is required for additional information, see the Schedule D instructions. DCGs. Each plan participating in a DCG must individually Schedule G (Financial Transaction Schedules) – is required complete a Schedule DCG. For additional information, see the for a large plan, MTIA, 103-12 IE, DCG or GIA when Schedule instructions for the Schedule DCG. H (Financial Information) lines 4b, 4c, and/or 4d are checked General Schedules ‘‘Yes.’’ Part I of the Schedule G reports loans or fixed income obligations in default or classified as uncollectible. Part II of the Schedule H (Financial Information) – is required for pension Schedule G reports leases in default or classified as benefit plans and welfare benefit plans filing as “large plans” uncollectible. Part III of the Schedule G reports nonexempt and for all DFE filings. Employee benefit plans, 103-12 IEs, transactions. For additional information, see the Schedule G and GIAs filing the Schedule H are generally required to instructions. engage an independent qualified public accountant (IQPA) and attach a report of the IQPA pursuant to ERISA section An unfunded, fully insured, or combination unfunded/ 103(a)(3)(A). In the case of a DCG reporting arrangement, the insured welfare plan with 100 or more participants IQPA requirements are determined at the participating plan exempt under 29 CFR 2520.104-44 from completing Schedule level for each plan participating in the DCG. Plans and DFEs H must still complete Schedule G, Part III, to report nonexempt filing the Schedule H, including a DCG filer that reports transactions. financial information on an aggregated basis on behalf of all Pension Benefit Plan Filing participating plans, are also generally required to attach to the Form 5500 a “Schedule of Assets (Held At End of Year),” Requirements and, if applicable, a “Schedule of Assets (Acquired and Pension benefit plan filers must complete the Form 5500 Disposed of Within Year),” a “Schedule of Reportable Annual Return/Report, including the signature block and, Transactions,” and a “Schedule of Delinquent Participant unless otherwise specified, attach the following schedules and Contributions.” For additional information, see the Schedule information: H instructions. Small Pension Plan Exceptions: Insured, unfunded, or combination unfunded/insured welfare plans, as described in 29 CFR The following schedules (including any additional information 2520.104-44(b)(1) and certain pension plans and required by the instructions to the schedules) must be attached arrangements, as described in 29 CFR 2520.104-44(b)(2) and to a Form 5500 filed for a small pension plan that is neither in Limited Pension Plan Reporting, are exempt from exempt from filing nor is filing the Form 5500-SF: completing the Schedule H. 1. Schedule A (as many as needed), to report insurance, annuity, and investment contracts held by the plan. Schedule I (Financial Information - Small Plan) – is 2. Schedule D, Part I, to list any CCTs, PSAs, MTIAs, and required for all pension benefit plans and welfare benefit plans 103-12 IEs in which the plan participated at any time during the filing the Form 5500 Annual Return/Report, rather than the plan year. Form 5500-SF, as ‘‘small plans.’’ Regardless of size, all DFEs 3. Schedule I, to report small plan financial information, (including DCGs) and certain pension benefit plans and unless exempt. arrangements described in 29 CFR 2520.104-44(b)(2) and in 4. Schedule MB or SB, to report actuarial information, if Limited Pension Plan Reporting, file Schedule H not Schedule applicable. I. For additional information, see the Schedule I and Schedule 5. Schedule MEP, to report information about multiple- H instructions. employer pension plans, if applicable. Note. A welfare plan that would have been eligible for the filing 6. Schedule R, to report retirement plan information, if exemption under 29 CFR 2520.104-20, but for the fact that it is applicable. required to file a Form M-1, is exempt from completing a If Schedule I, line 4k, is checked “No,” you must attach Schedule I if it meets the requirements of 29 CFR 2520.104- the report of the independent qualified public accountant 44(b)(1). (IQPA) or a statement that the plan is eligible and elects to Schedule A (Insurance Information) – is required if any defer attaching the IQPA’s opinion pursuant to 29 CFR benefits under an employee benefit plan are provided by an 2520.104-50 in connection with a short plan year of seven insurance company, insurance service or other similar months or less. organization (such as Blue Cross, Blue Shield, or a health maintenance organization). This includes investment contracts Large Pension Plan with insurance companies, such as guaranteed investment The following schedules (including any additional information contracts and pooled separate accounts. For additional required by the instructions to the schedules) must be attached General Instructions to Form 5500 --9 |
to a Form 5500 filed for a large pension plan: other assets should be reported on Schedule H or Schedule I, 1. Schedule A (as many as needed), to report insurance, and any other required schedules. If Schedule H is filed, attach annuity, and investment contracts held by the plan. an accountant’s report in accordance with the Schedule H 2. Schedule C, if applicable, to report information on service instructions. providers and, if applicable, any terminated accountants or Note. For purposes of the annual return/report and the enrolled actuaries. alternative method of compliance set forth in 29 CFR 3. Schedule D, Part I, to list any CCTs, PSAs, MTIAs, and 2520.104-44, a contract is considered to be ‘‘allocated’’ only if 103-12 IEs in which the plan invested at any time during the the insurance company or organization that issued the contract plan year. unconditionally guarantees, upon receipt of the required 4. Schedule G, to report loans or fixed income obligations in premium or consideration, to provide a retirement benefit of a default or determined to be uncollectible as of the end of the specified amount. This amount must be provided to each plan year, leases in default or classified as uncollectible, and participant without adjustment for fluctuations in the market nonexempt transactions, i.e., file Schedule G if Schedule H value of the underlying assets of the company or organization, (Form 5500) lines 4b, 4c, and/or 4d are checked ‘‘Yes.’’ and each participant must have a legal right to such benefits, 5. Schedule H, to report large plan financial information, which is legally enforceable directly against the insurance unless exempt. company or organization. For example, deposit administration, 6. Schedule MB or SB, to report actuarial information, if immediate participation guarantee, and guaranteed investment applicable. contracts are NOT allocated contracts for Form 5500 Annual 7. Schedule MEP, to report information about multiple- Return/Report purposes. employer pension plans, if applicable. 8. Schedule R, to report retirement plan information, if Welfare Benefit Plan Filing Requirements applicable. Welfare benefit plan filers must complete the Form 5500 Eligible Combined Plans Annual Return/Report, including the signature block and, unless otherwise specified, attach the following schedules and Section 903 of PPA established rules for a new type of pension information: plan, an “eligible combined plan,” effective for plan years beginning after December 31, 2009. See Code section 414(x) Small Welfare Plan and ERISA section 210(e). An eligible combined plan consists The following schedules (including any additional information of a defined benefit plan and a defined contribution plan that required by the instructions to the schedules) must be attached includes a qualified cash or deferred arrangement under Code to a Form 5500 filed for a small welfare plan that is neither section 401(k), with the assets of the two plans held in a single exempt from filing nor filing the Form 5500-SF: trust, but clearly identified and allocated between the plans. 1. Schedule A (as many as needed), to report insurance The eligible combined plan design is available only to contracts held by the plan. employers that employed an average of at least two, but not 2. Schedule D, Part I, to list any CCTs, PSAs, MTIAs, and more than 500 employees, on business days during the 103-12 IEs in which the plan participated at any time during the calendar year preceding the plan year as of which the eligible plan year. combined plan is established and that employs at least two 3. Schedule I, to report small plan financial information. employees on the first day of the plan year that the plan is A welfare plan that covered fewer than 100 participants established. Because an eligible combined plan includes both as of the beginning of the plan year and is required to file a defined benefit plan and a defined contribution plan, the a Form M-1, Report for Multiple-Employer Welfare Form 5500 filed for the plan must include all the information, Arrangements (MEWAs) and Certain Entities Claiming schedules, and attachments that would be required for either a Exception (ECEs), is exempt from attaching Schedule I if the defined benefit plan (such as a Schedule SB) or a defined plan meets the requirements of 29 CFR 2520.104-44. contribution plan. However, Schedule G, Part III, must be attached to the Form Limited Pension Plan Reporting 5500 to report any nonexempt transactions. The pension benefit plans or arrangements described below Large Welfare Plan are eligible for limited annual reporting: The following schedules (including any additional information 1. IRA Plans: A pension plan using individual retirement required by the instructions to the schedules) must be attached accounts or annuities (as described in Code section 408) as to a Form 5500 filed for a large welfare plan: the sole funding vehicle for providing pension benefits need 1. Schedule A (as many as needed), to report insurance and complete only Form 5500, Part I and Part II, lines 1 through 4, investment contracts held by the plan. and 8 (enter pension feature code 2N), and file Schedule MEP, 2. Schedule C, if applicable, to report information on service in the case of any plan that is a multiple-employer pension plan providers and any terminated accountants or actuaries. (including a pooled employer plan). 3. Schedule D, Part I, to list any CCTs, PSAs, MTIAs, and 2. Fully Insured Pension Plan: A pension benefit plan 103-12 IEs in which the plan invested at any time during the providing benefits exclusively through an insurance contract or plan year. contracts that are fully guaranteed and that meet all of the 4. Schedule G, to report loans or fixed income obligations in conditions of 29 CFR 2520.104-44(b)(2) during the entire plan default or determined to be uncollectible as of the end of the year must complete all the requirements listed under this plan year, leases in default or classified as uncollectible, and Pension Benefit Plan Filing Requirements section, except that nonexempt transactions, i.e., file Schedule G if Schedule H such a plan is exempt from attaching Schedule H, Schedule I, (Form 5500) lines 4b, 4c, and/or 4d are checked ‘‘Yes’’ or if a and an independent qualified public accountant’s opinion, and large welfare plan that is not required to file a Schedule H has from the requirement to engage an IQPA. nonexempt transactions. A pension benefit plan that has insurance contracts of the 5. Schedule H, to report financial information, unless exempt. type described in 29 CFR 2520.104-44 as well as other assets Attach the report of the independent qualified public must complete all requirements for a pension benefit plan, accountant (IQPA) identified on Schedule H, line 3a, except that the value of the plan’s allocated contracts (see unless line 3d(2) is checked. below) should not be reported in Part I of Schedule H or I. All -10- General Instructions to Form 5500 |
Neither Schedule H nor an IQPA’s opinion should be trust must be treated as a separate MTIA if each plan that has attached to a Form 5500 filed for an unfunded, fully an interest in the pool has the same fractional interest in each insured or combination unfunded/insured welfare plan that asset in the pool as its fractional interest in the pool, and if covered 100 or more participants as of the beginning of the each such plan may not dispose of its interest in any asset in plan year that meets the requirements of 29 CFR 2520.104-44. the pool without disposing of its interest in the pool. A master However, Schedule G, Part III, must be attached to the Form trust may also contain assets that are not held in such a pool. 5500 to report any nonexempt transactions. A welfare benefit Each such asset must be treated as a separate MTIA. plan that uses a ‘‘voluntary employees’ beneficiary Notes. (1) If an MTIA consists solely of one plan’s asset(s) association’’ (VEBA) under Code section 501(c)(9) is generally during the reporting period, the plan may report the asset(s) not exempt from the requirement of engaging an IQPA. either as an investment account on an MTIA Form 5500, or as Direct Filing Entity (DFE) Filing a plan asset(s) that is not part of the master trust (and therefore subject to all instructions concerning assets not held Requirements in a master trust) on the plan’s Form 5500. (2) If a master trust Some plans participate in certain trusts, accounts, and other holds assets attributable to participant or beneficiary directed investment or reporting arrangements that file the Form 5500 transactions under an individual account plan and the assets Annual Return/Report as a DFE. A Form 5500 must be filed for are interests in registered investment companies, interests in a master trust investment account (MTIA). A Form 5500 is not contracts issued by an insurance company licensed to do required but may be filed for a common/collective trust (CCT), business in any state, interests in common/collective trusts pooled separate account (PSA), 103-12 investment entity (103- maintained by a bank, trust company or similar institution, or 12 IE), defined contribution group reporting arrangement (DCG the assets have a current value that is readily determinable on or DCG reporting arrangement) or group insurance an established market, those assets may be treated as a single arrangement (GIA). MTIA. Plans that participate in CCTs, PSAs, 103-12 IEs, DCGs or DCGs and multiple-employer pension plans that are GIAs that file as DFEs generally are eligible for certain annual pooled employer plans cannot participate in an MTIA. reporting relief. For reporting purposes, a CCT, PSA, 103-12 The Form 5500 submitted for the MTIA must comply with IE, DCG or GIA is considered a DFE only when a Form 5500 the Form 5500 instructions for a Large Pension Plan, unless and all required schedules and attachments are filed for it in otherwise specified in the forms and instructions. The MTIA accordance with the following instructions. must file: Only one Form 5500 should be filed for each DFE for all 1. Form 5500, except lines C, D, 1c, 2d, and 5 through 9. plans participating in the DFE; however, the Form 5500 filed Be certain to enter ‘‘M’’ in Part I, line A, as the DFE code. for the DFE, including all required schedules and attachments, 2. Schedule A (as many as needed) to report insurance, must report information for the DFE year (not to exceed 12 annuity and investment contracts held by the MTIA. months in length) that ends with or within the participating 3. Schedule C, if applicable, to report service provider plan’s year. information. Part III is not required for an MTIA. Any Form 5500 filed for a DFE is an integral part of the 4. Schedule D, to list CCTs, PSAs, and 103-12 IEs in which annual report of each participating plan, and the plan the MTIA invested at any time during the MTIA year and to list administrator may be subject to penalties for failing to file a all plans that participated in the MTIA during its year. complete annual report unless both the DFE Form 5500 and 5. Schedule G, to report loans or fixed income obligations in the plan’s Form 5500 are properly filed. The information default or determined to be uncollectible as of the end of the required for a Form 5500 filed for a DFE varies according to MTIA year, all leases in default or classified as uncollectible, the type of DFE. The following paragraphs provide specific and nonexempt transactions. guidance for the reporting requirements for each type of DFE. 6. Schedule H, except lines 1b(1), 1b(2), 1c(8), 1g, 1h, 1i, 2a, 2b(1)(E), 2e, 2f, 2g, 4a, 4e, 4f, 4g, 4h, 4k, 4l, 4m, 4n, and Master Trust Investment Account (MTIA) 5, to report financial information. An independent qualified The administrator filing a Form 5500 for an employee benefit public accountant’s (IQPA’s) opinion is not required for an plan is required to file or have a designee file a Form 5500 for MTIA. each MTIA in which the plan participated at any time during the 7. Additional information required by the instructions to the plan year. For reporting purposes, a ‘‘master trust’’ is a trust for above schedules, including, for example, the schedules of which a regulated financial institution (as defined below) serves assets held for investment and the schedule of reportable as trustee or custodian (regardless of whether such institution transactions. For purposes of the schedule of reportable exercises discretionary authority or control with respect to the transactions, the 5% figure shall be determined by comparing management of assets held in the trust), and in which assets of the current value of the transaction at the transaction date with more than one plan sponsored by a single employer or by a the current value of the investment account assets at the group of employers under common control are held. beginning of the applicable fiscal year of the MTIA. All attachments must be properly labeled. ‘‘Common control’’ is determined on the basis of all relevant facts and circumstances (whether or not such employers are Common/Collective Trust (CCT) and Pooled incorporated). Separate Account (PSA) A ‘‘regulated financial institution’’ means a bank, trust A Form 5500 is not required to be filed for a CCT or PSA. company, or similar financial institution that is regulated, However, the administrator of a large plan or DFE that supervised, and subject to periodic examination by a state or participates in a CCT or PSA that files as specified below is federal agency. A securities brokerage firm is not a ‘‘similar entitled to reporting relief that is not available to plans or DFEs financial institution’’ as used here. See DOL Advisory Opinion participating in a CCT or PSA for which a Form 5500 is not 93-21A (available at www.dol.gov/ebsa). filed. The assets of a master trust are considered for reporting For reporting purposes, ‘‘common/collective trust’’ and purposes to be held in one or more ‘‘investment accounts.’’ A ‘‘pooled separate account’’ are, respectively: (1) a trust ‘‘master trust investment account’’ may consist of a pool of maintained by a bank, trust company, or similar institution or assets or a single asset. Each pool of assets held in a master (2) an account maintained by an insurance carrier, which is General Instructions to Form 5500 -11- |
regulated, supervised, and subject to periodic examination by a 3. Schedule C, if applicable, to report service provider state or federal agency in the case of a CCT, or by a state information and any terminated accountants. agency in the case of a PSA, for the collective investment and 4. Schedule D, to list all CCTs, PSAs, and 103-12 IEs in reinvestment of assets contributed thereto from employee which the 103-12 IE invested at any time during the benefit plans maintained by more than one employer or 103-12 IE’s year, and to list all plans that participated in the controlled group of corporations as that term is used in Code 103-12 IE during its year. section 1563. See 29 CFR 2520.103-3, 103-4, 103-5, and 5. Schedule G, to report loans or fixed income obligations in 103-9. default or determined to be uncollectible as of the end of the 103-12 IE year, leases in default or classified as uncollectible, Note. For reporting purposes, a separate account that is not and nonexempt transactions. considered to be holding plan assets pursuant to 29 CFR 6. Schedule H, except lines 1b(1), 1b(2), 1c(8), 1d, 1e, 1g, 2510.3-101(h)(1)(iii) does not constitute a pooled separate 1h, 1i, 2a, 2b(1)(E), 2e, 2f, 2g, 4a, 4e, 4f, 4g, 4h, 4j, 4k, 4l, 4m, account. 4n, and 5, to report financial information. The Form 5500 submitted for a CCT or PSA must comply 7. Additional information required by the instructions to the with the Form 5500 instructions for a Large Pension Plan, above schedules, including, for example, the report of the unless otherwise specified in the forms and instructions. independent qualified public accountant (IQPA) identified on The CCT or PSA must file: Schedule H, line 3a, and the schedule(s) of assets held for 1. Form 5500, except lines C, D, 1c, 2d, and 5 through 9. investment. All attachments must be properly labeled. Enter ‘‘C’’ or ‘‘P,’’ as appropriate, in Part I, line A, as the DFE Defined Contribution Group Reporting code. Arrangements (DCGs or DCG Reporting 2. Schedule D, to list all CCTs, PSAs, MTIAs, and Arrangements) 103-12 IEs in which the CCT or PSA invested at any time during the CCT or PSA year and to list in Part II all plans that Each defined contribution pension plan that reports as part of a participated in the CCT or PSA during its year. DCG reporting arrangement is not required to file a separate 3. Schedule H, except lines 1b(1), 1b(2), 1c(8), 1d, 1e, 1g, Form 5500 if a consolidated Form 5500 report for all the plans 1h, 1i, 2a, 2b(1)(E), 2e, 2f, and 2g, to report financial in the DCG is filed by the common plan administrator of the information. Part IV and an accountant’s (IQPA’s) opinion are plans in accordance with 29 CFR 2510.103-14 and 29 CFR not required for a CCT or PSA. 2520.104-51, including a Schedule DCG for each participating plan. Different requirements apply to the Schedules D and H attached to the Form 5500 filed by plans and DFEs For reporting purposes, an arrangement is a DCG reporting participating in CCTs and PSAs, depending upon whether a arrangement only if all plans in a DCG: DFE Form 5500 has been filed for the CCT or PSA. See the 1. are individual account plans or defined contribution plans; instructions for these schedules. 2. have the same trustee as described in ERISA section 403(a) (“common trustee”); 103-12 Investment Entity (103-12 IE) 3. have the same one or more named fiduciaries designated DOL Regulation 2520.103-12 provides an alternative method in accordance with ERISA section 402(a) (“common of reporting for plans that invest in an entity (other than an fiduciaries”), however an individual employer may be a named MTIA, CCT, or PSA), whose underlying assets include ‘‘plan fiduciary of each employer’s own plan provided that the other assets’’ within the meaning of 29 CFR 2510.3-101 of two or named fiduciaries are the same and common to all plans; more plans that are not members of a ‘‘related group’’ of 4. have a designated plan administrator under ERISA employee benefit plans. Such an entity for which a Form 5500 section 3(16)(A) that is the same plan administrator for all the is filed constitutes a ‘‘103-12 IE.’’ A Form 5500 is not required plans in the DCG (“common plan administrator”); to be filed for such entities; however, filing a Form 5500 as a 5. have plan years beginning on the same date (“common 103-12 IE provides certain reporting relief, including the plan year”); limitation of the examination and report of the independent 6. provide the same investments or investment options to qualified public accountant (IQPA) provided by 29 CFR participants and beneficiaries in all the plans (“common 2520.103-12(d), to participating plans and DFEs. For this investments or common investment options”). Certain reporting purpose, a ‘‘related group’’ of employee benefit plans brokerage window arrangements would qualify as a common consists of each group of two or more employee benefit plans investment option. See 29 CFR 2520.104-51(c)(3)(ii); (1) each of which receives 10% or more of its aggregate 7. do not hold any employer securities at any time during the contributions from the same employer or from a member of the plan year, except this does not prohibit investments in any same controlled group of corporations (as determined under employer’s publicly traded securities within one of the Code section 1563(a), without regard to Code section “common investments or investment options” available to 1563(a)(4) thereof); or (2) each of which is either maintained participants and beneficiaries in all the plans; by, or maintained pursuant to a collective-bargaining 8. either obtain an audit by an IQPA and file the IQPA report agreement negotiated by, the same employee organization or with the DCG consolidated Form 5500, or be eligible for the affiliated employee organizations. For purposes of this waiver of the annual examination and report of an IQPA under paragraph, an ‘‘affiliate’’ of an employee organization means 29 CFR 2520.104-46; and any person controlling, controlled by, or under common control 9. not be a MEP (including a pooled employer plan) or a with such organization. See 29 CFR 2520.103-12. multiemployer plan. The Form 5500 submitted for a 103-12 IE must comply with The Form 5500 submitted for the DCG must comply with the the Form 5500 instructions for a Large Pension Plan, unless Form 5500 instructions for a Large Pension Plan, unless otherwise specified in the forms and instructions. The 103-12 otherwise specified in the forms and instructions. The DCG IE must file: must file: 1. Form 5500, except lines C, D, 1c, 2d, and 5 through 9. 1. Form 5500, except lines C, 2d and 7. Enter ‘‘D’’ in Part I, Enter ‘‘E’’ in part I, line A, as the DFE code. line A, as the DFE code for the DCG. 2. Schedule A (as many as needed), to report insurance, 2. Schedule A (as many as needed) to report insurance, annuity and investment contracts held by the 103-12 IE. annuity, and investment contracts held by the plans -12- General Instructions to Form 5500 |
participating in a DCG. Group Insurance Arrangement (GIA) 3. Schedule C to report service provider information and any Each welfare benefit plan that is part of a group insurance terminated accountants. arrangement is exempt from the requirement to file a Form 4. Schedule D, Part I only, to list all CCTs, PSAs, and 103- 5500 if a consolidated Form 5500 report for all the plans in the 12 IEs in which DCG participating plans invested at any time arrangement was filed in accordance with 29 CFR 2520.104- during the DCG year. 43. For reporting purposes, a ‘‘group insurance arrangement’’ 5. Schedule DCG to report individual plan-level information provides benefits to the employees of two or more unaffiliated such as the plan sponsor (i.e., employer), plan financial employers (not in connection with a multiemployer plan or a information, number of participants, and other information. collectively-bargained multiple-employer plan), fully insures 6. Schedule G to report loans or fixed income obligations in one or more welfare plans of each participating employer, uses default or determined to be uncollectible as of the end of the a trust or other entity as the holder of the insurance contracts, DCG year, leases in default or classified as uncollectible, and and uses a trust as the conduit for payment of premiums to the nonexempt transactions. insurance company. The GIA must file: 7. Schedule H, except lines 4e, 4f, 4k, 4l and 5, to report the DCG’s financial information. 1 . Form 5500, except lines C and 2d. (Enter ‘‘G’’ in Part I, 8. Additional information required by the instructions to the line A, as the DFE code). above schedules, including, for example, the report of the 2. Schedule A (as many as needed), to report insurance, independent qualified public accountant (IQPA) identified on annuity and investment contracts held by the GIA. Schedule DCG, line 14a, unless the plan is eligible for the 3. Schedule C, if applicable, to report service provider waiver of the annual examination and report of an IQPA under information and any terminated accountants. 29 CFR 2520.104-46. All attachments must be properly 4. Schedule D, to list all CCTs, PSAs, and 103-12 IEs in labeled. which the GIA invested at any time during the GIA year, and to list all plans that participated in the GIA during its year. Note. The information reported on all the Schedules, except 5. Schedule G, to report loans or fixed income obligations in Schedule DCG, are generally reported for all the plans in the default or determined to be uncollectible as of the end of the DCG in the aggregate, except as otherwise provided. GIA year, leases in default or classified as uncollectible, and The plan administrator’s information entered on Part III, nonexempt transactions. line 4 on each individual plan’s Schedule DCG must be 6. Schedule H, except lines 4a, 4e, 4f, 4g, 4h, 4k, 4m, 4n, the DCG common plan administrator (i.e., the plan and 5, to report financial information. administrator listed on the Form 5500, Part II, line 3 for the 7. Additional information required by the instructions to the DCG) in order for the plan to report in the DCG group. above schedules, including, for example, the report of the independent qualified public accountant (IQPA) identified on Schedule H, line 3a, the schedules of assets held for investment and the schedule of reportable transactions. All attachments must be properly labeled. General Instructions to Form 5500 -13- |
Quick Reference Chart of Form 5500, Schedules, and Attachments 1 (Not Applicable for Form 5500-SF Filers) Large Small Large Welfare Small Welfare Pension Plan Pension Plan2 Plan Plan2 DFE Form 5500 Must complete. Must complete. Must complete. 3 Must complete. 3 Must complete. Schedule A Must complete if Must complete if plan Must complete if Must complete if plan Must complete if (Insurance plan has insurance has insurance plan has insurance has insurance MTIA, 103-12 IE, Information) contracts. contracts. 4 contracts. contracts. 4 DCG or GIA has insurance contracts. Must complete Part I Must complete Part I MTIAs, GIAs, DCGs if service provider if service provider and 103-12 IEs must was paid $5,000 or was paid $5,000 or complete Part I if more, Part II if a more, Part II if a service provider paid service provider service provider $5,000 or more, and Schedule C failed to provide failed to provide Part II if a service (Service Provider information Not required. information Not required. provider failed to Information) necessary for the necessary for the provide information completion of Part I, completion of Part I, necessary for the and Part III if an and Part III if an completion of Part I. accountant or accountant or GIAs and 103-12 IEs actuary was actuary was must complete Part terminated. terminated. III if accountant was terminated. All DFEs other than Schedule D Must complete Part I Must complete Part I Must complete Part I Must complete Part I DCGs must (DFE/Participating if plan participated in if plan participated in if plan participated in if plan participated in complete Part II, and Plan Information) a CCT, PSA, MTIA, a CCT, PSA, MTIA, or a CCT, PSA, MTIA, a CCT, PSA, MTIA, DFEs that invest in a or 103-12 IE. 103-12 IE. 4 or 103-12 IE. or 103-12 IE. 4 CCT, PSA, or 103-12 IE must also complete Part I. Individual plans Schedule DCG participating in a Individual plans Individual plans (Individual Plan DCG must complete participating in a DCG participating in a Information) to report individual must complete to Not required. Not required. DCG must complete plan-level report individual plan- to report individual information. 9 level information. 9 plan-level information. 9 Schedule G Must complete if Must complete if Must complete if (Financial Schedule H, lines Not required. Schedule H, lines Not required . 3 Schedule H, lines Schedules) 4b, 4c, or 4d are 4b, 4c, or 4d are 4b, 4c, or 4d for a “Yes.” “Yes.” 3 GIA, DCG, MTIA, or 103-12 IE are “Yes.” All DFEs must Schedule H complete Parts I, II, (Financial Must complete. 5 Not required. Must complete.3, 5 Not required. and III. MTIAs, Information) 103-12 IEs, DCGs and GIAs must also complete Part IV. 5 Schedule I (Financial Not required. Must complete. 4 Not required. Must complete. 4 Not required. Information) -14- General Instructions to Form 5500 |
Large Small Large Welfare Small Welfare Pension Plan Pension Plan 2 Plan Plan 2 DFE Must complete if Must complete if multiemployer Schedule MB defined benefit plan multiemployer defined (Actuarial or money purchase benefit plan or money Not required. Not required. Not required. Information) plan subject to purchase plan subject minimum funding to minimum funding standards. 6 standards. 6 Schedule MEP Must complete if Must complete if (Multiple-Employer multiple-employer multiple-employer Not required. Not required. Not required. Retirement Plan pension plan.8 pension plan. 8 Information) Schedule R (Pension Plan Must complete. 7 Must complete.4, 7 Not required. Not required. Not required. Information) Must complete if Must complete if single-employer or single-employer or Schedule SB multiple-employer multiple-employer (Actuarial defined benefit plan, defined benefit plan, Not required. Not required. Not required. Information) including an eligible including an eligible combined plan and combined plan and subject to minimum subject to minimum funding standards. funding standards. Must attach for a GIA, 103-12 IE, or Not required unless individual plans Accountant’s Must attach. Schedule I, line 4k, is Must attach. 3 Not required. participating in a Report checked “No.” DCG that checked “Yes” on Schedule DCG, line 14a. 9 1 This chart provides only general guidance. Not all rules and 5 Schedules of assets and reportable (5%) transactions also must be requirements are reflected. Refer to specific Form 5500 instructions for filed with the Form 5500 if Schedule H, line 4i or 4j is “Yes.” complete information on filing requirements (e.g., Who Must File and 6 Money purchase defined contribution plans that are amortizing a What To File). For example, a pension plan is exempt from filing any funding waiver are required to complete lines 3, 9, and 10 of the schedules if the plan uses Code section 408 individual retirement Schedule MB in accordance with the instructions. Also see instructions accounts as the sole funding vehicle for providing benefits. See Limited for line 5 of Schedule R and line 12a of Form 5500-SF. Pension Plan Reporting. 7 Schedule R should not be completed when the Form 5500 Annual 2 Pension plans and welfare plans with fewer than 100 participants at Return/Report is filed for a pension plan that uses, as the sole funding the beginning of the plan year that are not exempt from filing an annual vehicle for providing benefits, individual retirement accounts or return/report may be eligible to file the Form 5500-SF, a simplified annuities (as described in Code section 408). See the Form 5500 report. In addition to the limitation on the number of participants, a instructions for Limited Pension Plan Reporting for more information. Form 5500-SF may only be filed for a plan that is exempt from the 8 All multiple-employer pension plans must complete Schedule MEP, requirement that the plan’s books and records be audited by an independent qualified public accountant (but not by reason of Parts I and II. Multiple-employer pension plans that are pooled enhanced bonding), has 100 percent of its assets invested in certain employer plans must also complete Schedule MEP, Part III. secure investments with a readily determinable fair market value, holds 9 Individual plans participating in a DCG must attach the report of an no employer securities, is not a multiemployer plan, is not required to independent qualified public accountant (IQPA) identified on Schedule file a Form M-1 (Report for Multiple-Employer Welfare Arrangements DCG, line 14a unless the plan is eligible for the waiver of the annual (MEWAs) and Certain Entities Claiming Exception (ECEs)) for the plan examination and report of an IQPA under 29 CFR 2520.104-46. year, and is not a pooled employer plan. See the Form 5500-SF instructions, Who May File Form 5500-SF. 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 filing an annual report. See Who Must File. Such a plan with 100 or more participants must file 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 file Form M-1 (Report for Multiple-Employer Welfare Arrangements (MEWAs) and Certain Entities Claiming Exception (ECEs)) must file a Form 5500 regardless of plan size or type of funding. 4 Do not complete if filing the Form 5500-SF instead of the Form 5500. General Instructions to Form 5500 -15- |
All multiple-employer pension plans that check this box must Section 5: Line-by-Line file Schedule MEP, Multiple-Employer Retirement Plan Instructions for the 2023 Information (see Schedule MEP filing instructions for additional details) to report information about the participating employers. Form 5500 and Schedules Note. Do not check this box if all of the employers maintaining Part I – Annual Return/Report Identification the plan are members of the same controlled group or affiliated Information service group under Code sections 414(b), (c), or (m). Do not check this box for a DCG. See line A Box for Direct Filing File the 2023 Form 5500 Annual Return/Report for a plan year Entity (DFE). that began in 2023 or a DFE year that ended in 2023. Enter the beginning and ending dates in Part I. The 2023 Form 5500 Participating Employer Information. Multiple-employer Annual Return/Report must be filed electronically. welfare plans required to file a Form 5500 do not file Schedule MEP but instead must include an attachment using the format One Form 5500 is generally filed for each plan or entity below. The attachment must be properly identified at the top described in the instructions to the boxes in line A. Do not with the label “Multiple-Employer Welfare Plan Participating check more than one box. Employer Information,” and the name of the plan, EIN, and A separate Form 5500, with line A (single-employer plan) plan number (PN) as found on the plan’s Form 5500. Complete checked, must be filed by each employer participating in a plan as many entries as needed to report the required information or program of benefits in which the funds attributable to each for all participating employers in the plan. employer are available to pay benefits only for that employer’s Except as provided below, all multiple-employer welfare employees, even if the plan is maintained by a controlled plans must complete elements 1-3 of the “Multiple-Employer group. Welfare Plan Participating Employer Information” attachment. A “controlled group” is generally considered one employer For element 3, enter a good faith estimate of each for Form 5500 reporting purposes. A “controlled group” is a employer’s percentage of the total contributions (including controlled group of corporations under Code section 414(b), a employer and participant contributions) made by all group of trades or businesses under common control under participating employers during the year. The percentage may Code section 414(c), or an affiliated service group under Code be rounded to the nearest whole percentage. To the extent the section 414(m). rounding results in the total reported percentage being either Line A – Box for Multiemployer Plan. Check this box if the slightly above or slightly below 100 percent, the filer can Form 5500 is filed for a multiemployer plan. A plan is a indicate that on the attachment. Any employer who was multiemployer plan if: (a) more than one employer is required obligated to make contributions to the plan for the plan year, to contribute, (b) the plan is maintained pursuant to one or who made contributions to the plan for the plan year, or whose more collective bargaining agreements between one or more employees were covered under the plan is a “participating employee organizations and more than one employer; (c) an employer” for this purpose. If a participating employer made no election under Code section 414(f)(5) and ERISA section contributions, enter “-0-” in element 3. 3(37)(E) has not been made; and (d) the plan meets any other Multiple-employer welfare plans that are unfunded, fully applicable conditions of 29 CFR 2510.3-37. A plan that has insured, or a combination of unfunded/insured and exempt made a proper election under ERISA section 3(37)(G) and under 29 CFR 2520.104-44 from the obligation to file financial Code section 414(f)(6) on or before August 17, 2007, is also a statements with their annual report are required to complete multiemployer plan. Participating employers do not file elements 1 and 2 only of the “Multiple-Employer Welfare Plan individually for these plans. Participating Employer Information” attachment. Line A – Box for Single-Employer Plan. Check this box if the Form 5500 is filed for a single-employer plan. A single- Multiple-Employer Welfare Plan Participating Employer employer plan for this Form 5500 reporting purpose is an Information employee benefit plan maintained by one employer or one (Insert Name of Plan and EIN/PN as shown on the 5500) employee organization. Line A – Box for Multiple-Employer Plan. Check this box if 1. Name of participating 2. EIN 3. Percent of Total the Form 5500 is being filed for a multiple-employer plan, employer Contributions for including a multiple-employer 403(b) plan. A multiple-employer Plan Year plan is a plan that is maintained by more than one employer and is not one of the plans already described. A multiple- 1. Name of participating 2. EIN 3. Percent of Total employer plan can be collectively bargained and collectively employer Contributions for funded, but, if covered by PBGC termination insurance, must Plan Year have properly elected before September 27, 1981, not to be treated as a multiemployer plan under Code section 414(f)(5) 1. Name of participating 2. EIN 3. Percent of Total or ERISA sections 3(37)(E) and 4001(a)(3), and have not employer Contributions for revoked that election or made an election to be treated as a Plan Year multiemployer plan under Code section 414(f)(6) or ERISA section 3(37)(G). A single Form 5500 Annual Return/Report is 1. Name of participating 2. EIN 3. Percent of Total filed for the multiple-employer plan; participating employers do employer Contributions for not file individually for this type of plan. Plan Year A pooled employer plan as defined in ERISA section 3(43) operated by a “pooled plan provider” that meets the definition under ERISA section 3(44) is a multiple-employer plan. -16- Instructions for Part I and Part II of Form 5500 |
1. Name of participating 2. EIN 3. Percent of Total Form 5500 for the plan year 2024 if the number of participants employer Contributions for covered as of the beginning of the 2024 plan year drops below Plan Year 100. See Who Must File. Should the number of participants covered by such a plan increase to 100 or more in a future year, the plan must resume filing Form 5500 and enter ‘‘4S’’ on Complete as many rows as needed to report the line 8b on that year’s Form 5500. See 29 CFR 2520.104-20. required information for all participating employers in the plan. Line B – Box for Short Plan Year Return/Report. Check this box if this Form 5500 is being filed for a plan year period of Line A –Box for Direct Filing Entity (DFE). Check this box less than 12 months. Provide the dates in Part I, Plan Year and enter the correct letter from the following chart in the Beginning and Ending. space provided to indicate the type of entity. Line C – Box for Collectively-Bargained Plan. Check this Type of entity Enter the letter box when the contributions to the plan and/or the benefits paid by the plan are subject to the collective bargaining process (even if the plan is not established and administered by a joint Master Trust M board of trustees and even if only some of the employees Investment Account covered by the plan are members of a collective bargaining Common/Collective Trust C unit that negotiates contributions and/or benefits). The contributions and/or benefits do not have to be identical for all Pooled Separate P employees under the plan. Account Line D – Box for Extension and DFVC Program. Check the 103-12 Investment E appropriate box here if: Entity You filed for an extension of time to file this form with the Defined Contribution Group (DCG) D IRS using a completed Form 5558. (A copy of the Form 5558 must be retained with the filer’s records); Group Insurance G You are filing using the automatic extension of time to file Arrangement Form 5500 until the due date of the federal income tax return Note. A separate annual report with “M” entered as the DFE of the employer (maintain a copy of the employer’s extension code on Form 5500, line A, must be filed for each MTIA. See of time to file the income tax return with the filer’s records); instructions on page 11. You are filing using a special extension of time to file the Line B – Box for First Return/Report. Check this box if an Form 5500 that has been announced by the IRS, DOL, and annual return/report has not been previously filed for this plan PBGC. If you checked that you are using a special extension of or DFE. For the purpose of completing this box, the Form time, enter a description of the extension of time in the space 5500-EZ is not considered an annual return/report. provided. Line B – Box for Amended Return/Report. Check this box if You are filing under DOL’s Delinquent Filer Voluntary Compliance (DFVC) Program. you have already filed for the 2023 plan year and are now filing an amended return/report to correct errors and/or omissions on Checking this box does not enter you in the program. the previously filed return/report. See instructions on page 6. You can enter the program at this site: www.dol.gov/agencies/ebsa/employers-and-advisers/plan- Note. If an individual plan amended Schedule DCG to correct administration-and-compliance/correction-programs/dfvcp errors and/or omissions in a previously filed Schedule DCG, the DCG must submit an amended Form 5500, and include all See additional information on the DFVC Program at Schedules DCG for participating plans that were submitted www.dol.gov/sites/dolgov/files/EBSA/about-ebsa/our- with the original return. The line B box for “an amended activities/resource-center/faqs/dfvcp.pdf, including filing by return/report” on the Form 5500 must be checked. The line F mail. box for “an amended Schedule DCG” on the Schedule DCG Applying and paying electronically to the DFVC is strongly must be checked on only those Schedules DCG that have recommended. been changed from the original submission. Line E – Box for a retroactively adopted plan as permitted Check the line B box for an “amended return/report” if you by SECURE Act section 201. Check this box if the plan filed a previous 2023 annual return/report that was given a sponsor adopted the plan during the 2023 plan year (i.e., by “Filing_Received,” “Filing_Error,” or “Filing_Stopped” status by the due date, including extension, for filing the plan sponsor’s EFAST2. Do not check the line B box for an “amended tax return for the 2022 taxable year) and elected to treat the return/report” if your previous submission attempts were not plan as having been adopted before the 2023 plan year began successfully received by EFAST2 because of problems with the (i.e., at the close as of the last day of the sponsor’s taxable transmission of your return/report. For more information, go to year) as permitted by section 201 of the Setting Every the EFAST2 website at www.efast.dol.gov or call the EFAST2 Community Up for Retirement Enhancement Act of 2019 Help Desk at 1-866-GO-EFAST (1-866-463-3278). (SECURE ACT). Plans in this situation are not required to file a 2022 Form 5500. However, if the plan is a defined benefit Line B – Box for Final Return/Report. Check this box if this pension plan, the 2022 Schedule SB (Form 5500) must be Form 5500 is the last annual return/report required to be included as an attachment to the 2023 Schedule SB (Form submitted for this plan. (See Final Return/Report.) 5500) as part of the 2023 Form 5500. Please see Instructions Note. Do not check box B (Final Return/Report) if “4R” is for Schedule SB for more information. entered on line 8b for a welfare plan that is not required to file a Form 5500 for the next plan year because the welfare plan Part II – Basic Plan Information has become eligible for an annual reporting exemption. For Line 1a. Enter the formal name of the plan or DFE or enough example, certain unfunded and insured welfare plans may be information to identify the plan or DFE. Abbreviate if required to file the 2023 Form 5500 and be exempt from filing a necessary. If an annual return/report has previously been filed on behalf of the plan, regardless of the type of form that was Instructions for Part I and Part II of Form 5500 -17- |
filed (Form 5500, Form 5500-EZ, or Form 5500-SF), use the of a pooled employer plan that meets the definition under same name or abbreviation as was used on the prior filings. ERISA section 3(43); or Once you use an abbreviation, continue to use it for that plan The professional employer organization (PEO), in the case on all future annual return/report filings with the IRS, DOL, and of a PEO multiple-employer plan that meets the conditions PBGC. Do not use the same name or abbreviation for any under 29 CFR 2510.3-55(c). other plan, even if the first plan is terminated. If the plan has Note. In the case of a multiple-employer plan or DCG, file only changed its name from the prior year filing(s), complete line 4 one annual return/report for the plan or DCG. If an association, to indicate that the plan was previously identified by a different pooled plan provider, PEO, or other entity listed above is not name. the sponsor, enter the name of a participating employer as Line 1b. Enter the three-digit plan or entity number (PN) the sponsor. A plan of a controlled group of corporations should employer or plan administrator assigned to the plan or DFE. enter the name of one of the sponsoring members. In either This three-digit number, in conjunction with the employer case, the same name must be used in all subsequent filings of identification number (EIN) entered on line 2b, is used by the the Form 5500 for the multiple-employer plan or controlled IRS, DOL, and PBGC as a unique 12-digit number to identify group (see instructions to line 4 concerning change in the plan or DFE. sponsorship). Start at 001 for plans providing pension benefits, plans 2. Enter any ‘‘in care of’’ (C/O) name. providing pension and welfare benefits, or DFEs as illustrated 3. Enter the current street address. A post office box in the table below. Start at 501 for plans providing only welfare number may be entered if the Post Office does not deliver mail benefits and GIAs. Do not use 888 or 999. to the sponsor’s street address. Once you use a plan or DFE number, continue to use it for 4. Enter the name of the city. that plan or DFE on all future filings with the IRS, DOL, and 5. Enter the two-character abbreviation of the U.S. state or PBGC. Do not use it for any other plan or DFE, even if the first possession and zip code. plan or DFE is terminated. 6. Enter the foreign routing code, if applicable. Leave U.S. state and zip code blank if entering a foreign routing code and country name. For each Form 5500 Assign PN 7. Enter the foreign country, if applicable. with the same EIN 8. Enter the D/B/A (the doing business as) or trade name of (line 2b), when the sponsor if different from the plan sponsor’s name. 9. Enter any second address. Use only a street address Part II, line 8a is 001 to the first plan or DFE. here, not a P.O. Box. completed, or Part I, line A, Consecutively number others for a DFE is checked and as 002, 003… Note. Use the IRS Form 8822-B, Change of Address or an M, C, P, D or E is Responsible Party – Business, to notify the IRS if the address entered provided here is a change in your business mailing address or your business location. Part II, line 8b is completed 501 to the first plan or GIA. and 8a is not checked, or Consecutively number others Line 2b. Enter the nine-digit employer identification number Part I, line A, for a DFE is as 502, 503… (EIN) assigned to the plan sponsor/employer, for example, 00- checked and a G is entered 1234567. In the case of a DFE, enter the employer identification number (EIN) assigned to the CCT, PSA, MTIA, Exception. If Part II, line 8a is completed and 333 (or a higher 103-12 IE, DCG or GIA. number in a sequence beginning with 333) was previously Do not use a social security number in lieu of an EIN. The assigned to the plan, that number may be entered on line 1b. Form 5500 is open to public inspection, and the contents are Line 1c. Enter the date the plan first became effective. public information and are subject to publication on the Line 2a. Limit your response to the information required in Internet. Because of privacy concerns, the inclusion of a social each row as specified below: security number or any portion thereof on this line may result in the rejection of the filing. 1. Enter the name of the plan sponsor or, in the case of a Form 5500 filed for a DFE, the name of the insurance Plan sponsor/employers without an EIN must apply for one company, financial institution, or other sponsor of the DFE as soon as possible. The EBSA does not issue EINs. To apply (e.g., in the case of a GIA, the trust or other entity that holds for an EIN from the IRS: the insurance contract, in the case of an MTIA, one of the Mail or fax Form SS-4, Application for Employer sponsoring employers, or in the case of a DCG, the DCG Identification Number, obtained at www.irs.gov/orderforms. sponsor, but, if an individual sponsor cannot be identified, See www.IRS.gov/Businesses and click on “Employer ID enter the common plan administrator’s name and be sure to Numbers” for additional information. The EIN is issued check the box in line 3a). If the plan covers only the employees immediately once the application information is validated. (The of one employer, enter the employer’s name. online application process is not yet available for corporations The term ‘‘plan sponsor’’ otherwise means: with addresses in foreign countries or Puerto Rico.) The employer, for an employee benefit plan that a single A multiple-employer plan or plan of a controlled group of employer established or maintains; corporations should use the EIN of the sponsor identified in The employee organization, in the case of a plan of an line 2a. The EIN must be used in all subsequent filings of the employee organization; Form 5500 for these plans (see instructions to line 4 The association, committee, joint board of trustees, or other concerning change in EIN). similar group of representatives of the parties who establish or If the plan sponsor is a group of individuals, get a single EIN maintain the plan, if the plan is established or maintained for the group. When you apply for the EIN, provide the name of jointly by one or more employers and one or more employee the group, such as ‘‘Joint Board of Trustees of the Local 187 organizations, or by two or more employers; Machinists’ Retirement Plan.’’ (If filing Form SS-4, enter the The pooled plan provider that operates the plan, in the case group name on line 1.) -18- Instructions for Part I and Part II of Form 5500 |
Note. EINs for funds (trusts or custodial accounts) associated purposes. If the plan administrator does not have an EIN, apply with plans (other than DFEs) are generally not required to be for one as explained in the instructions for line 2b. One EIN furnished on the Form 5500; the IRS will issue EINs for such should be entered for a group of individuals who are, funds for other reporting purposes. EINs may be obtained as collectively, the plan administrator. explained above. Plan sponsors should use the trust EIN Line 3c. Enter the telephone number for the plan described above when opening a bank account or conducting administrator. Use numbers only, including area code, and do other transactions for a trust that require an EIN. not include any special characters. Line 2c. Enter the telephone number for the plan sponsor. Note. Employees of the plan sponsor who perform Use numbers only, including area code, and do not include any administrative functions for the plan are generally not the plan special characters. administrator unless specifically designated in the plan Line 2d. Enter the six-digit business code from the list of document. If an employee of the plan sponsor is designated as business codes on pages 94, 95, and 96 that: the plan administrator, that employee must get an EIN. In the case of a single-employer plan, best describes the In the case of a pooled employer plan, information for the primary nature of the plan sponsor’s business, and pooled employer plan and the pooled plan provider In the case of a multiemployer plan, best describes the operating the plan reported on the Form 5500 must match the predominant industry in which the active participants are information reported on the Form PR. Failure to report the employed (e.g., 484120 - General Freight Trucking, Long- same information could result in correspondence from the distance, 236110 - Residential Building Construction). Department of Labor or the Internal Revenue Service. Do not enter code 525100 (Insurance & Employee Benefit Line 4. If the plan sponsor’s or DFE’s name and/or EIN have Funds) or 813930 (Labor Unions and Similar Labor changed or the plan name has changed since the last Organizations) unless the predominant industry in which the return/report was filed for this plan or DFE, enter the plan active participants are employed is the industry of insurance sponsor’s or DFE’s name, EIN, the plan name, and the plan and employee benefit funds, or labor unions and similar labor number as it appeared on the last return/report filed. organizations. The failure to indicate on line 4 that a plan sponsor was Line 3a. Please limit your response to the information previously identified by a different name or a different required: employer identification number (EIN) or that the plan name has been changed could result in correspondence from the DOL 1. Enter the name and address of the plan administrator and/or the IRS. unless the administrator is the sponsor identified in line 2. If both the plan administrator name and address are the same as Lines 5 and 6. All filers must complete both lines 5 and 6 the plan sponsor name and address, check the “Same as Plan unless the Form 5500 is filed for an IRA Plan described in Sponsor” box and disregard items 2 through 6 below. If the Limited Pension Plan Reporting, MTIA, CCT, PSA or 103-12 Form 5500 is submitted for a DFE, check the appropriate box IE. in Part I, line A, and enter the appropriate DFE code. Note. Welfare plans complete only lines 5, 6a(1), 6a(2), 6b, 6c, The term “plan administrator” means: and 6d. The person or group of persons specified as the The description of ‘‘participant’’ in the instructions below is administrator by the instrument under which the plan is only for purposes of these lines. operated; An individual becomes a participant covered under an The pooled plan provider that operates the plan, in the employee welfare benefit plan on the earliest of: case of a pooled employer plan that meets the definition the date designated by the plan as the date on which the under ERISA section 3(43); individual begins participation in the plan; The professional employer organization (PEO), in the case the date on which the individual becomes eligible under the of a PEO multiple-employer plan that meets the conditions plan for a benefit subject only to occurrence of the contingency under 29 CFR 2510.3-55(c); for which the benefit is provided; or The common plan administrator that is the same the date on which the individual makes a contribution to the administrator for all the plans participating in the DCG, in plan, whether voluntary or mandatory. the case of a DCG that meets the conditions under 29 See 29 CFR 2510.3-3(d)(1). This includes former CFR 2520.104-51; employees who are receiving group health continuation The plan sponsor/employer if an administrator is not so coverage benefits pursuant to Part 6 of ERISA and who are designated; or covered by the employee welfare benefit plan. Covered Any other person prescribed by regulations if an dependents are not counted as participants. A child who is an administrator is not designated and a plan sponsor cannot “alternate recipient” entitled to health benefits under a qualified be identified. medical child support order (QMCSO) should not be counted 2. Enter any “in care of” (C/O) name. as a participant for lines 5 and 6. An individual is not a 3. Enter the current street address. A post office box participant covered under an employee welfare plan on the number may be entered if the Post Office does not deliver mail earliest date on which the individual (a) is ineligible to receive to the administrator’s street address. any benefit under the plan even if the contingency for which 4. Enter the name of the city. such benefit is provided should occur, and (b) is not 5. Enter the two-character abbreviation of the U.S. state or designated by the plan as a participant. See 29 CFR 2510.3- possession and zip code. 3(d)(2). 6. Enter the foreign routing code and foreign country, if Before counting the number of participants, especially in applicable. Leave U.S. state and zip code blank if entering a welfare benefit plan, it is important to determine foreign routing code and country information. whether the plan sponsor has established one or more plans Line 3b. Enter the plan administrator’s nine-digit EIN. A plan for Form 5500/Form 5500-SF reporting purposes. As a matter administrator must have an EIN for Form 5500 reporting of plan design, plan sponsors can offer benefits through Instructions for Part I and Part II of Form 5500 -19- |
various structures and combinations. For example, a plan counted on line 6f who have made a contribution, or for whom sponsor could create (i) one plan providing major medical a contribution has been made, to the plan for this plan year or benefits, dental benefits, and vision benefits, (ii) two plans with any prior plan year. Defined benefit plans do not complete line one providing major medical benefits and the other providing 6g. self-insured dental and vision benefits; or (iii) three separate Line 6h. Include any individual who terminated employment plans. You must review the governing documents and actual during this plan year, whether or not the individual (a) incurred operations to determine whether welfare benefits are being a break in service, (b) received an irrevocable commitment provided under a single plan or separate plans. from an insurance company to pay all the benefits to which the The fact that you have separate insurance policies for each individual is entitled under the plan, and/or (c) received a cash different welfare benefit does not necessarily mean that you distribution or deemed cash distribution of their nonforfeitable have separate plans. Some plan sponsors use a “wrap” accrued benefit. Multiemployer plans and multiple-employer document to incorporate various benefits and insurance plans that are collectively bargained do not have to complete policies into one comprehensive plan. In addition, whether a line 6h. benefit arrangement is deemed to be a single plan may be Line 7. Only multiemployer plans should complete line 7. different for purposes other than Form 5500/Form 5500-SF Multiemployer plans must enter the total number of employers reporting. For example, special rules may apply for purposes of obligated to contribute to the plan. For purposes of line 7 of the HIPAA, COBRA, and Internal Revenue Code compliance. If Form 5500, an employer obligated to contribute is defined as you need help determining whether you have a single welfare an employer who, during the 2023 plan year, is a party to the benefit plan for Form 5500/Form 5500-SF reporting purposes, collective bargaining agreement(s) pursuant to which the plan you should consult a qualified benefits consultant or legal is maintained or who may otherwise be subject to withdrawal counsel. liability pursuant to ERISA section 4203. Any two or more For pension benefit plans, “alternate payees” entitled to contributing entities (e.g., places of business with separate benefits under a qualified domestic relations order are not to collective bargaining agreements) that have the same nine- be counted as participants for this line. digit employer identification number (EIN) must be aggregated For pension benefit plans, “participant” for this line means and counted as one employer for this purpose. any individual who is included in one of the categories below: Line 8 - Benefits Provided Under the Plan. Do not leave 1. Active participants (i.e., any individuals who are currently blank. In the boxes for line 8a and 8b, as appropriate, enter all in employment covered by the plan and who are earning or applicable two-character plan characteristics codes that retaining credited service under the plan). This includes any applied during the reporting year from the List of Plan individuals who are eligible to elect to have the employer make Characteristics Codes on pages 22 and 23 that describe the payments under a Code section 401(k) qualified cash or characteristics of the plan being reported. deferred arrangement. Active participants also include any Note. In the case of an eligible combined plan under Code nonvested individuals who are earning or retaining credited section 414(x) and ERISA section 210(e), the codes entered in service under the plan. This does not include (a) nonvested line 8a must include any codes applicable for either the defined former employees who have incurred the break in service benefit pension features or the defined contribution pension period specified in the plan or (b) former employees who have features of the plan. received a “cash-out” distribution or deemed distribution of For plan sponsors of Puerto Rico plans, enter their entire nonforfeitable accrued benefit. characteristic code 3C only if: 2. Retired or separated participants receiving benefits (i.e., i. only Puerto Rico residents participate, individuals who are retired or separated from employment ii. the trust is exempt from income tax under the laws of covered by the plan and who are receiving benefits under the Puerto Rico, and plan). This does not include any individual to whom an iii. the plan administrator has not made the election under insurance company has made an irrevocable commitment to ERISA section 1022(i)(2), and, therefore, the plan is not pay all the benefits to which the individual is entitled under the intended to qualify under section 401(a) of the Internal plan. Revenue Code (U.S). 3. Other retired or separated participants entitled to future benefits (i.e., any individuals who are retired or separated from Line 9 - Funding and Benefit Arrangements. Check all employment covered by the plan and who are entitled to begin boxes that apply to indicate the funding and benefit receiving benefits under the plan in the future). This does not arrangements used during the plan year. The ‘‘funding include any individual to whom an insurance company has arrangement’’ is the method for the receipt, holding, made an irrevocable commitment to pay all the benefits to investment, and transmittal of plan assets prior to the time the which the individual is entitled under the plan. plan actually provides benefits. The ‘‘benefit arrangement’’ is 4. Deceased individuals who had one or more beneficiaries the method by which the plan provides benefits to participants. who are receiving or are entitled to receive benefits under the For purposes of line 9: plan. This does not include any individual to whom an ‘‘Insurance’’ means the plan has an account, contract, or insurance company has made an irrevocable commitment to policy with an insurance company, insurance service, or other pay all the benefits to which the beneficiaries of that individual similar organization (such as Blue Cross, Blue Shield, or a are entitled under the plan. health maintenance organization) during the plan or DFE year. Line 6g. Enter in line 6g(1) the total number of participants (This includes investments with insurance companies such as included on line 5 (total participants at the beginning of the guaranteed investment contracts (GICs).) An annuity account plan year) who have account balances at the beginning of the arrangement under Code section 403(b)(1) that is required to plan year. Enter in line 6g(2) the total number of participants complete the Form 5500 should mark “insurance” for both the included on line 6f (total participants at the end of the plan plan funding arrangement and plan benefit arrangement. Do year) who have account balances at the end of the plan year. not check ‘‘insurance’’ if the sole function of the insurance For example, for a Code section 401(k) plan, the number company was to provide administrative services. entered on line 6g(2) should be the number of participants ‘‘Code section 412(e)(3) insurance contracts’’ are -20- Instructions for Part I and Part II of Form 5500 |
contracts that provide retirement benefits under a plan that are Labor under the Form M–1 filing requirements. The Receipt guaranteed by an insurance carrier. In general, such contracts Confirmation Code is a unique code generated by the Form M– must provide for level premium payments over the individual’s 1 electronic filing system. You can find this code under the period of participation in the plan (to retirement age), premiums ‘‘completed filings’’ area when you log into your Form M–1 must be timely paid as currently required under the contract, electronic filing system at www.askebsa.dol.gov/mewa. no rights under the contract may be subject to a security If a plan that is subject to the Form M-1 filing requirements interest, and no policy loans may be outstanding. If a plan is was not required to file a 2023 Form M–1 annual report, enter funded exclusively by the purchase of such contracts, the the Receipt Confirmation Code for the most recent Form M–1 otherwise applicable minimum funding requirements of section that was required to be filed under the Form M–1 filing 412 of the Code and section 302 of ERISA do not apply for the requirements on or before the date of filing the 2023 Form year and neither the Schedule MB nor the Schedule SB is 5500. (For example, if a plan was not required to file a 2023 required to be filed. Form M–1 annual report by March 1, 2024, for the 2023 ‘‘Trust’’ includes any fund or account that receives, holds, calendar year because it experienced a registration event transmits, or invests plan assets other than an account or between October 1 and December 31, 2023, and made a policy of an insurance company. A custodial account timely Form M–1 registration filing, the plan must enter on line arrangement under Code section 403(b)(7) that is required to 11c of the 2023 Form 5500 the Receipt Confirmation Code complete the Form 5500 should mark “trust” for both the plan issued for the Form M–1 registration filing.) funding arrangement and the plan benefit arrangement. A welfare benefit plan’s failure to answer line 11a, and if ‘‘General assets of the sponsor’’ means either the plan applicable, lines 11b and 11c, or enter a valid Receipt had no assets or some assets were commingled with the Confirmation Code in line 11c, will subject the Form 5500 filing general assets of the plan sponsor prior to the time the plan to rejection as incomplete and civil penalties may be assessed actually provided the benefits promised. pursuant to ERISA Section 502(c)(2) and 29 CFR 2560.502c- Example. If the plan holds all its assets invested in registered 2. investment companies and other non-insurance company investments until it purchases annuities to pay out the benefits promised under the plan, box 9a(3) should be checked as the funding arrangement and box 9b(1) should be checked as the benefit arrangement. Note. An employee benefit plan that checks boxes 9a(1), 9a(2), 9b(1), and/or 9b(2) must attach Schedule A (Form 5500), Insurance Information, to provide information concerning each contract year ending with or within the plan year. See the instructions to the Schedule A and enter the number of Schedules A on line 10b(3), if applicable. Line 10. Check the boxes on line 10 to indicate the schedules being filed and, where applicable, count the schedules and enter the number of attached schedules in the space provided. Form M-1 Compliance Information (to be provided by all welfare plans). Line 11a. All plans providing welfare benefits must complete Part III, line 11a by answering either “Yes” or “No.” Do not leave the answer blank. If the plan is a multiple-employer welfare arrangement or an Entity Claiming Exception (ECE) subject to the Form M-1, Report for Multiple-Employer Welfare Arrangements (MEWAs) and Certain Entities Claiming Exception (ECEs) filing requirements, check “Yes” and complete line 11, elements 11b and 11c. If the answer is “No,” skip elements 11b and 11c of line 11. Generally, a Form M-1 must be filed each year by March 1 st following the calendar year in which a plan operates subject to the Form M-1 filing requirement. (For example, a plan MEWA that was operating in 2023 must file the 2023 Form M-1 annual report by March 1, 2024.) In addition, Form M-1 filings are necessary in the case of certain registration, origination, or special events. See the instructions for Form M-1 at www.askebsa.dol.gov/mewa, and 29 CFR 2520.101-2 for more information regarding the Form M-1 filing requirements for plan MEWAs and ECEs. Line 11b. All plans that answered ‘‘Yes’’ in line 11a must complete line 11b by answering either ‘‘Yes’’ or ‘‘No.’’ Do not leave the answer blank. Line 11c. All plans that answered ‘‘Yes’’ in line 11a must enter a Receipt Confirmation Code for the 2023 Form M–1 annual report that was required to be filed with the Department of Instructions for Part I and Part II of Form 5500 -21- |
LIST OF PLAN CHARACTERISTICS CODES FOR LINES 8a AND 8b CODE Defined Benefit Pension Features 2F ERISA section 404(c) plan – This plan, or any part of it, is intended to meet the conditions of 29 CFR 2550.404c- 1A Benefits are primarily pay related. 1. 1B Benefits are primarily flat dollar (includes dollars per year 2G Total participant-directed account plan – Participants of service). have the opportunity to direct the investment of all the assets allocated to their individual accounts, regardless 1C Cash balance or similar plan – Plan has a “cash balance” of whether 29 CFR 2550.404c-1 is intended to be met. formula. For this purpose, a “cash balance” formula is a 2H Partial participant-directed account plan – Participants benefit formula in a defined benefit plan by whatever have the opportunity to direct the investment of a portion name (for example, personal account plan, pension of the assets allocated to their individual accounts, equity plan, life cycle plan, cash account plan, etc.) that regardless of whether 29 CFR 2550.404c-1 is intended rather than, or in addition to, expressing the accrued to be met. benefit as a life annuity commencing at normal retirement age, defines benefits for each employee in 2I Stock bonus. terms more common to a defined contribution plan such 2J Code section 401(k) feature – A cash or deferred as a single sum distribution amount (for example, 10% of arrangement described in Code section 401(k) that is final average pay times years of service, or the amount part of a qualified defined contribution plan that provides of the employee’s hypothetical account balance). for an election by employees to defer part of their compensation or receive these amounts in cash. 1D Floor-offset plan – to offset for retirement benefits 2K Code section 401(m) arrangement – Employee provided by an employer-sponsored defined contribution contributions are allocated to separate accounts under plan. the plan or employer contributions are based, in whole or in part, on employee deferrals or contributions to the 1E Code section 401(h) arrangement – Plan contains plan. Not applicable if plan is a Code section 401(k) plan separate accounts under Code section 401(h) to provide with only QNECs and/or QMACs. Also not applicable if employee health benefits. plan is a Code section 403(b)(1), 403(b)(7), or 408 arrangement/accounts annuities. 1F Code section 414(k) arrangement – Benefits are based An annuity contract purchased by Code section 501(c)(3) partly on the balance of the separate account of the 2L organization or public school as described in Code participant (also include appropriate defined contribution section 403(b)(1) arrangement.” pension feature codes). Custodial accounts for regulated investment company 1H Plan covered by PBGC that was terminated and closed 2M stock as described in Code section 403(b)(7). out for PBGC purposes – Before the end of the plan year Code section 408 accounts and annuities – See Limited (or a prior plan year), (1) the plan terminated in a Pension Plan Reporting instructions for pension plan standard (or distress) termination and completed the 2N utilizing Code section 408 individual retirement accounts distribution of plan assets in satisfaction of all benefit or annuities as the funding vehicle for providing benefits. liabilities (or all ERISA Title IV benefits for distress 2O ESOP other than a leveraged ESOP. termination); or (2) a trustee was appointed for a terminated plan pursuant to ERISA section 4042. 2P Leveraged ESOP – An ESOP that acquires employer 1I Frozen plan – As of the last day of the plan year, the plan securities with borrowed money or other debt-financing provides that no participant will get any new benefit techniques. accrual (whether because of service or compensation). 2Q The employer maintaining this ESOP is an S corporation. CODE Defined Contribution Pension Features 2R Participant-directed brokerage accounts provided as an 2A Use this code if employer contributions in the return year investment option under the plan. were based on one of the following allocation types: 2S 401(k) plan or 403(b) plan that provides for automatic Age/service weighted or new comparability or similar enrollment in plan that has elective contributions plan – Age/service weighted plan: Allocations are based deducted from payroll. on age, service, or age and service. New comparability or similar plan: Allocations are based on participant 2T Total or partial participant-directed account plan – plan classifications and a classification(s) consists entirely or uses default investment account for participants who fail predominantly of highly compensated employees; or the to direct assets in their account. plan provides an additional allocation rate on compensation above a specified threshold, and the 2U Multiple-employer pension plan sponsored by a bona fide threshold or additional rate exceeds the maximum group or association of employers that is an Association threshold or rate allowed under the permitted disparity Retirement Plan that meets all the conditions under 29 rules of Code section 401(l). CFR 2510.3-55(b). 2B Target benefit plan. 2V Multiple-employer pension plan that is a Professional Employer Organization Plan (PEO Plan) that meets all 2C Money purchase (other than target benefit) plan. the conditions under 29 CFR 2510.3-55(c). 2D Offset plan – Plan benefits are subject to offset for retirement benefits provided in another plan or 2W Multiple-employer pension plan that is a pooled employer arrangement of the employer. plan that meets the definition under ERISA section 3(43). 2E Profit-sharing plan. -22- Instructions for Part I and Part II of Form 5500 |
LIST OF PLAN CHARACTERISTICS CODES FOR LINES 8a AND 8b (Continued) 2X Multiple-employer defined contribution pension plan that 4K Scholarship (funded). does not fall under characteristics codes 2U, 2V or 2W. 4L Death benefits (include travel accident but not life insurance). CODE Other Pension Benefit Features 4P Taft-Hartley Financial Assistance for Employee Housing Expenses. 3B Use this code if the plan covered self-employed individuals in the return year. 4Q Other. 3C Plan not intended to be qualified - A plan not intended to 4R Unfunded, fully insured, or combination unfunded/fully be qualified under Code sections 401, 403, or 408. insured welfare plan that will not file an annual report for 3D Pre-approved pension plan - A pre-approved plan under next plan year pursuant to 29 CFR 2520.104-20. sections 401, 403(a), 403(b), and 4975(e)(7) of the Code 4S Unfunded, fully insured, or combination unfunded/fully that is subject to a favorable opinion letter from the IRS. insured welfare plan that stopped filing annual reports in 3F Plan sponsor(s) received services of leased employees, an earlier plan year pursuant to 29 CFR 2520.104-20. as defined in Code section 414(n), during the plan year. 4T 10 or more employer plan under Code section 3H Plan sponsor(s) is (are) a member(s) of a controlled 419A(f)(6). group under Code section 414(b) or (c) or of an affiliated service group under section 414(m). 4U Collectively-bargained welfare benefit arrangement 3I Plan requiring that all or part of employer contributions under Code section 419A(f)(5). be invested and held, at least for a limited period, in employer securities. 3J U.S.-based plan that covers residents of Puerto Rico and is qualified under both Code section 401 and section 1165 of the Internal Revenue Code of Puerto Rico. CODE Welfare Benefit Features 4A Health (other than vision or dental). 4B Life insurance. 4C Supplemental unemployment. 4D Dental. 4E Vision. 4F Temporary disability (accident and sickness). 4G Prepaid legal. 4H Long-term disability. 4I Severance pay. 4J Apprenticeship and training. Instructions for Part I and Part II of Form 5500 23 |
Lines A, B, C, and D. This information must be the same as 2023 Instructions for Schedule A reported in Part II of the Form 5500 to which this Schedule A is attached. (Form 5500) Do not use a social security number in lieu of an EIN. The Insurance Information Schedule A and its attachments are open to public inspection, and the contents are public information and are subject to publication on the Internet. Because of privacy concerns, the General Instructions inclusion of a social security number or any portion thereof on Who Must File this Schedule A or any of its attachments may result in the Schedule A (Form 5500) must be attached to the Form 5500 rejection of the filing. filed for every defined benefit pension plan, defined You can apply for an EIN from the IRS online, by fax, or by contribution pension plan, and welfare benefit plan required to mail depending on how soon you need to use the EIN. For file a Form 5500 if any benefits under the plan are provided by more information, see Section 3: Electronic Filing Requirement an insurance company, insurance service, or other similar under General Instructions to Form 5500. The EBSA does not organization (such as Blue Cross, Blue Shield, or a health issue EINs. maintenance organization). This includes investment contracts Part I – Information Concerning Insurance Contract with insurance companies such as guaranteed investment Coverage, Fees, and Commissions contracts (GICs). In addition, Schedule A must be attached to a Form 5500 filed for GIAs, MTIAs, DCGs and 103-12 IEs for Line 1(c). Enter the code number assigned by the National each insurance or annuity contract held in the MTIA, or 103-12 Association of Insurance Commissioners (NAIC) to the IE or by the DCG or GIA. insurance company. If none has been assigned, enter zeros “0” in the spaces provided. Note. In the case of a DCG, a Schedule A must be completed on an aggregate basis for all insurance or annuity contracts Line 1(d). If individual policies with the same carrier are that constitute one of the investments or investment options grouped as a unit for purposes of this report, and the group available to all of the participants in a DCG participating plan, does not have one identification number, you may use the regardless of whether certificates are issued to individual plans contract or identification number of one of the individual or participants upon selection of that option by a participant. contracts, provided this number is used consistently to report these contracts as a group and the plan administrator If Form 5500 line 9a(1), 9a(2), 9b(1), or 9b(2) is maintains the records necessary to disclose all the individual checked, indicating that either the plan funding contract numbers in the group upon request. Use separate arrangement or plan benefit arrangement includes an account, Schedules A to report individual contracts that cannot be policy, or contract with an insurance company (or similar grouped as a unit. organization), at least one Schedule A would be required to be attached to the Form 5500 filed for a pension or welfare plan to Line 1(e). Since plan coverage may fluctuate during the year, provide information concerning the contract year ending with or the administrator should estimate the number of persons that within the plan year. were covered by the contract at the end of the policy or contract year. Where contracts covering individual employees are Do not file Schedule A for a contract that is an Administrative grouped, compute entries as of the end of the plan year. Services Only (ASO) contract, a fidelity bond or policy, or a fiduciary liability insurance policy. Also, if a Schedule A for a Line 1(f) and (g). Enter the beginning and ending dates of the contract or policy is filed as part of a Form 5500 for an MTIA or policy year for the contract identified in 1(d). Leave 1(f) blank if 103-12 IE that holds the contract, do not include a Schedule A separate contracts covering individual employees are grouped. for the contract or policy on the Form 5500s filed for the plans Line 2. Report on line 2 the total of all insurance fees and participating in the MTIA or 103-12 IE. commissions directly or indirectly attributable to the contract or Check the Schedule A box on the Form 5500 (Part II, line policy placed with or retained by the plan. 10b(3)), and enter the number attached in the space provided Totals. Enter on line 2 the total of all such commissions and if one or more Schedules A are attached to the Form 5500. fees paid to agents, brokers, and other persons listed on line 3. Complete a separate line 3 item (elements (a) through (e)) for Specific Instructions each person listed. Information entered on Schedule A should pertain to the For purposes of lines 2 and 3, commissions and fees insurance contract or policy year ending with or within the plan include sales and base commissions and all other monetary year (for reporting purposes, a year cannot exceed 12 and non-monetary forms of compensation where the broker’s months). agent’s, or other person’s eligibility for the payment or the Example. If an insurance contract year begins on July 1 and amount of the payment is based, in whole or in part, on the ends on June 30, and the plan year begins on January 1 and value (e.g., policy amounts, premiums) of contracts or policies ends on December 31, the information on the Schedule A (or classes thereof) placed with or retained by an ERISA plan, attached to the 2023 Form 5500 should be for the insurance including, for example, persistency and profitability bonuses. contract year ending on June 30, 2023. The amount (or pro rata share of the total) of such Exception. If the insurance company maintains records on the commissions or fees attributable to the contract or policy basis of a plan year rather than a policy or contract year, the placed with or retained by the plan must be reported in line 2 information entered on Schedule A may pertain to the plan and in line 3, element (b) and/or (c), as appropriate. year instead of the policy or contract year. Insurers must provide plan administrators with a Include only the contracts issued to or held by the plan, proportionate allocation of commissions and fees attributable GIA, MTIA, DCG or 103-12 IE for which the Form 5500 is to each contract. Any reasonable method of allocating being filed. commissions and fees to policies or contracts is acceptable, provided the method is disclosed to the plan administrator. A reasonable allocation method could, in the Department of -24- Instructions for Schedule A (Form 5500) |
Labor’s view, allocate fees and commissions to a Schedule A though the total cost of the refreshments for all the employees based on a calendar year calculation even if the plan year or would be $120. policy year was not a calendar year. For additional information These thresholds are for purposes of Schedule A reporting. on these Schedule A reporting requirements, see ERISA Filers are cautioned that the payment or receipt of gifts and Advisory Opinion 2005-02A, available on the Internet at gratuities of any amount by plan fiduciaries may violate ERISA www.dol.gov/ebsa. and give rise to civil liabilities and criminal penalties. Where benefits under a plan are purchased from and Line 3. Identify agents, brokers, and other persons individually guaranteed by an insurance company, insurance service, or in descending order of the amount paid. Complete as many other similar organization, and the contract or policy is reported entries as necessary to report all required information. on a Schedule A, payments of reasonable monetary Complete elements (a) through (e) for each person as compensation by the insurer out of its general assets to specified below. affiliates or third parties for performing administrative activities necessary for the insurer to fulfill its contractual obligation to Element (a). Enter the name and address of the agents, provide benefits, where there is no direct or indirect charge to brokers, or other persons to whom commissions or fees were the plan for the administrative services other than the paid. insurance premium, then the payments for administrative Element (b). Report all sales and base commissions here. For services by the insurer to the affiliates or third parties do not purposes of this element, sales and/or base commissions are need to be reported on lines 2 and 3 of Schedule A. This would monetary amounts paid by an insurer that are charged directly include compensation for services such as recordkeeping and to the contract or policy and that are paid to a licensed agent or claims processing services provided by a third party pursuant broker for the sale or placement of the contract or policy. All to a contract with the insurer to provide those services but other payments should be reported in element (c) as fees. would not include compensation provided by the insurer Element (c). Fees to be reported here represent payments by incidental to the sale or renewal of a policy, such as finder’s an insurer attributable directly or indirectly to a contract or fees, insurance brokerage commissions and fees, or similar policy to agents, brokers, and other persons for items other fees. than sales and/or base commissions (e.g., service fees, Schedule A reporting also is not required for compensation consulting fees, finders fees, profitability and persistency paid by the insurer to a “general agent” or “manager” for that bonuses, awards, prizes, and non-monetary forms of general agent’s or manager’s management of an agency or compensation). Fees paid to persons other than agents and performance of administrative functions for the insurer. For this brokers should be reported here, not in Parts II and III on purpose, (1) a “general agent” or “manager” does not include Schedule A as acquisition costs, administrative charges, etc. brokers representing insureds, and (2) payments would not be Element (d). Enter the purpose(s) for which fees were paid. treated as paid for managing an agency or performance of Element (e). Enter the most appropriate organization code for administrative functions where the recipient’s eligibility for the the broker, agent, or other person entered in element (a). payment or the amount of the payment is dependent or based on the value (e.g., policy amounts, premiums) of contracts or Code Type of Organization policies (or classes thereof) placed with or retained by ERISA 1 Banking, Savings & Loan Association, Credit Union, plan(s). or other similar financial institution Schedule A reporting is not required for occasional non- 2 Trust Company monetary gifts or meals of insubstantial value that are tax 3 Insurance Agent or Broker deductible for federal income tax purposes by the person 4 Agent or Broker other than insurance providing the gift or meal and would not be taxable income to 5 Third party administrator the recipient. For this exemption to be available, the gift or 6 Investment Company/Mutual Fund gratuity must be both occasional and insubstantial. For this 7 Investment Manager/Adviser exemption to apply, the gift must be valued at less than $50, 8 Labor Union the aggregate value of gifts from one source in a calendar year 9 Foreign entity (e.g., an agent or broker, bank, must be less than $100, but gifts with a value of less than $10 insurance company, etc., not operating within the do not need to be counted toward the $100 annual limit. If the jurisdictional boundaries of the United States) $100 aggregate value limit is exceeded, then the aggregate 0 Other value of all the gifts will be reportable. For this purpose, non- For plans, GIAs, MTIAs, DCGs and 103-12 IEs required to monetary gifts of less than $10 also do not need to be included file Part I of Schedule C, commissions and fees listed on the in calculating the aggregate value of all gifts required to be Schedule A are not required to be reported again on Schedule reported if the $100 limit is exceeded. C. The amount of the compensation that must be reported on Gifts from multiple employees of one service provider Schedule A must, however, be taken into account in should be treated as originating from a single source when determining whether the agent’s, broker’s, or other person’s calculating whether the $100 threshold applies. On the other direct or indirect compensation in relation to the plan or DFE is hand, in applying the threshold to an occasional gift received $5,000 or more and, thus, requiring the compensation not from one source by multiple employees of a single service listed on the Schedule A to be reported on the Schedule C. provider, the amount received by each employee should be See FAQs about the Schedule C available on the EBSA separately determined in applying the $50 and $100 website at www.dol.gov/ebsa/faqs . thresholds. For example, if six employees of a broker attend a Part II – Investment and Annuity Contract business conference put on by an insurer designed to educate Information and explain the insurer’s products for employee benefit plans, and the insurer provides, at no cost to the attendees, Line 4. Enter the current value of the plan’s interest at year refreshments valued at $20 per individual, the gratuities would end in the contract reported on line 7, e.g., deposit not be reportable on lines 2 and 3 of the Schedule A even administration (DA), immediate participation guarantee (IPG), or guaranteed investment contracts (GIC). Instructions for Schedule A (Form 5500) -25- |
Exception. Contracts reported on line 7 need not be included Part IV – Provision of Information on line 4 if (1) the Schedule A is filed for a defined benefit The insurance company, insurance service, or other similar pension plan and the contract was entered into before March organization is required under ERISA section 103(a)(2) to 20, 1992, or (2) the Schedule A is filed for a defined provide the plan administrator with the information needed to contribution pension plan and the contract is a fully benefit- complete this return/report. If you do not receive this responsive contract, i.e., it provides a liquidity guarantee by a information in a timely manner, contact the insurance financially responsible third party of principal and previously company, insurance service, or other similar organization. accrued interest for liquidations, transfers, loans, or hardship Lines 11 and 12. If information is missing on Schedule A due withdrawals initiated by plan participants exercising their rights to a refusal by the insurance company, insurance service, or to withdraw, borrow, or transfer funds under the terms of a other similar organization to provide information, check “Yes” defined contribution plan that does not include substantial on line 11 and enter a description of the information not restrictions to participants’ access to plan funds. provided on line 12. If you received all the information Important Reminder. Plans may treat multiple individual necessary to complete the Schedule A, check “No” and leave annuity contracts, including Code section 403(b)(1) annuity line 12 blank. contracts, issued by the same insurance company as a single As noted above, the insurance company, insurance group contract for reporting purposes on Schedule A. service, or other similar organization is statutorily Line 6a. The rate information called for here may be furnished required to provide you with all of the information necessary to by attaching the appropriate schedules of current rates filed complete the Schedule A but need not provide the information with the appropriate state insurance department or by on a Schedule A itself. providing a statement regarding the basis of the rates. Enter “see attached” if appropriate. Lines 7a through 7f. Report contracts with unallocated funds. Do not include portions of these contracts maintained in separate accounts. Show deposit fund amounts rather than experience credit records when both are maintained. Part III – Welfare Benefit Contract Information Line 8i. Report a stop-loss insurance policy that is an asset of the plan. Note. Employers sponsoring welfare plans may purchase a stop-loss insurance policy with the employer as the insured to help the employer manage its risk associated with its liabilities under the plan. These employer contracts with premiums paid exclusively out of the employer’s general assets without any employee contributions generally are not plan assets and are not reportable on Schedule A. - 26- Instructions for Schedule A (Form 5500) |
particular plan. The $5,000 threshold is based on the total 2023 Instructions for Schedule C amount received by the service provider from all sources, not (Form 5500) broken down and measured on a per plan or other allocated method. Service Provider Information Health and welfare plans that meet the conditions of the General Instructions limited exemption at 29 CFR 2520.104-44 or Technical Release 92-01 are not required to complete and file a Who Must File Schedule C. Schedule C (Form 5500) must be attached to a Form 5500 Lines A, B, C, and D. This information must be the same as filed for a large pension or welfare benefit plan, an MTIA, a reported in Part II of the Form 5500 to which this Schedule C is 103-12 IE, DCG or a GIA to report certain information attached. concerning service providers. Remember to check the Schedule C box on the Form 5500 (Part II, line 10b(4)) if a Do not use a social security number in line D in lieu of an Schedule C is attached to the Form 5500. EIN. The Schedule C and its attachments are open to public inspection, and the contents are public information subject to Part I of the Schedule C must be completed to report publication on the Internet. Because of privacy concerns, the persons who rendered services to or who had transactions with inclusion of a social security number or any portion thereof on the plan (or with the DFE in the case of a Schedule C filed by a this Schedule C or any of its attachments may result in the DFE) during the reporting year if the person received, directly rejection of the filing. or indirectly, $5,000 or more in reportable compensation in connection with services rendered or their position with the You can apply for an EIN from the IRS online, by fax, or by plan or DFE, except: mail depending on how soon you need to use the EIN. For more information, see Section 3: Electronic Filing Requirement 1. Employees of the plan whose only compensation in under General Instructions to Form 5500. The EBSA does not relation to the plan was less than $25,000 for the plan year; issue EINs. 2. Employees of the plan sponsor or other business entity where the plan sponsor or business entity is reported on the Do not list the PBGC or the IRS on Schedule C as service Schedule C as a service provider, provided the employee did providers. not separately receive reportable direct or indirect Either the cash or accrual basis may be used for the compensation in relation to the plan; recognition of transactions reported on the Schedule C as long 3. Persons whose only compensation in relation to the plan as you use one method consistently. consists of insurance fees and commissions listed in a If service provider compensation is reported on a Schedule Schedule A filed for the plan; and C filed as a part of a Form 5500 filed for a MTIA or a 103-12 4. Payments made directly by the plan sponsor that are not IE, do not report the same compensation again on the reimbursed by the plan. In the case of a multiemployer or Schedule C filed for the plans that participate in the MTIA or multiple-employer plan, where the “plan sponsor” would be the 103-12 IE. joint board of trustees for the plan, payments by contributing employers, directly or through an employer association, or by Specific Instructions participating employee organizations, should be treated the Part I Service Provider Information – same as payments by a plan sponsor. You must enter the information required for each person who Only line 1 of Part I of the Schedule C must be completed rendered services to or had transactions with the plan and for persons who received only “eligible indirect compensation” who received $5,000 or more in total direct or indirect as defined below. compensation in connection with services rendered to the Part II of the Schedule C must be completed to report plan or the person’s position with the plan during the plan service providers who fail or refuse to provide information year. necessary to complete Part I of this Schedule. Example. A plan had service providers, A, B, C, and D, Part III of the Schedule C must be completed to report a who received $12,000, $6,000, $4,500, and $430, termination in the appointment of an accountant or enrolled respectively, in direct and indirect compensation from the actuary during the 2023 plan year. plan. Service providers A and B must be identified For plans, GIAs, MTIAs, DCGs and 103-12 IEs required to separately by name, EIN, etc. As service providers C and D file Part I of Schedule C, commissions and fees listed on the each received less than $5,000, they do not need to be Schedule A are not required to be reported again on Schedule reported on the Schedule C. C. The amount of the compensation that must be reported on For Schedule C purposes, reportable compensation Schedule A must, however, be taken into account in includes money and any other thing of value (for example, determining whether the service provider’s direct or indirect gifts, awards, trips) received by a person, directly or indirectly, compensation in relation to the plan or DFE is $5,000 or more from the plan (including fees charged as a percentage of and, thus, requiring the compensation not listed on the assets and deducted from investment returns) in connection Schedule A to be reported on the Schedule C. See FAQs with services rendered to the plan, or the person’s position with about the Schedule C available on the EBSA website at the plan. The term “person” for this purpose includes www.dol.gov/ebsa/faqs. individuals, trades and businesses (whether incorporated or Note: In the case of a DCG, each service provider to the DCG unincorporated). See ERISA section 3(9). and to each of the separate plans in the DCG must be reported Direct Compensation: Payments made directly by the on the Schedule C, even if the service provider did not actually plan for services rendered to the plan or because of a person’s provide services or charge fees to a particular plan because, position with the plan are reportable as direct compensation. for example, the service provider provided investment Direct payments by the plan would include, for example, direct management services with respect to a particular investment payments by the plan out of a plan account, charges to plan option that was not selected by any of the participants in a forfeiture accounts and fee recapture accounts, charges to a Instructions for Schedule C (Form 5500) -27- |
plan’s trust account before allocations are made to individual indirect compensation paid to a plan service provider or in participant accounts, and direct charges to plan participant connection with a transaction with the plan. individual accounts. Payments made by the plan sponsor, Other examples of reportable indirect compensation are which are not reimbursed by the plan, are not subject to finder’s fees, float revenue, brokerage commissions Schedule C reporting requirements even if the sponsor is (regardless of whether the broker is granted discretion), paying for services rendered to the plan. research or other products or services, other than execution, Indirect Compensation: Compensation received from received from a broker-dealer or other third party in connection sources other than directly from the plan or plan sponsor is with securities transactions (soft dollars), and other transaction reportable on Schedule C as indirect compensation from the based fees received in connection with transactions or plan if the compensation was received in connection with services involving the plan whether or not they are capitalized services rendered to the plan during the plan year or the as investment costs. person’s position with the plan. For this purpose, For more information, see FAQs about the Schedule C, compensation is considered to have been received in available on the EBSA website at www.dol.gov/ebsa/faqs. connection with services rendered to the plan or the person’s position with the plan if the person’s eligibility for a payment is Special rules for non-monetary compensation of based, in whole or in part, on services that were rendered to insubstantial value, guaranteed benefit insurance policies, the plan or on a transaction or series of transactions with the bundled service arrangements, and allocating plan. Indirect compensation would not include compensation compensation among multiple plans: that would have been received had the service not been Excludable Non-Monetary Compensation: You may rendered or the transaction had not taken place and that exclude non-monetary compensation of insubstantial value cannot be reasonably allocated to the services performed or (such as gifts or meals of insubstantial value) that is tax transaction(s) with the plan. deductible for federal income tax purposes by the person Persons that provide investment management, providing the gift or meal and would not be taxable income to recordkeeping, claims processing, participant communication, the recipient. The gift or gratuity must be valued at less than brokerage, and other services to the plan as part of an $50, and the aggregate value of gifts from one source in a investment contract or transaction are considered to be calendar year must be less than $100, but gifts with a value of providing services to the plan for purposes of Schedule C less than $10 do not need to be counted toward the $100 limit. reporting and would be required to be identified in Part I if they If the $100 aggregate value limit is exceeded, then the value of received $5,000 or more in reportable compensation for all the gifts over $10 will be reportable. Gifts received by one providing those services. person from multiple employees of one entity must be treated Examples of reportable indirect compensation include fees as originating from a single source when calculating whether and expense reimbursement payments received by a person the $100 threshold applies. On the other hand, gifts received from mutual funds, bank commingled trusts, insurance from one person by multiple employees of one entity can be company pooled separate accounts, and other separately treated as separate compensation when calculating the $50 managed accounts and pooled investment funds in which the and $100 thresholds. For more information, see FAQs about plan invests that are charged against the fund or account and the Schedule C, available on the EBSA website at reflected in the value of the plan’s investment (such as www.dol.gov/agencies/ebsa/about-ebsa/our- management fees paid by a mutual fund to its investment activities/resource-center/faqs . adviser, sub-transfer agency fees, shareholder servicing fees, These thresholds are for purposes of Schedule C account maintenance fees, and 12b-1 distribution fees). The reporting only. Filers are strongly cautioned that gifts and investment of plan assets and payment of premiums for gratuities of any amount paid to or received by plan fiduciaries insurance contracts, however, are not in and of themselves may violate ERISA and give rise to civil liabilities and criminal payments for services rendered to the plan for purposes of penalties. Schedule C reporting and the investment and payment of Fully Insured Group Health and Similarly Fully Insured premiums themselves are not reportable compensation for Benefits: Where benefits under a plan are purchased from purposes of Part I of the Schedule C. and guaranteed by an insurance company, insurance service, In the case of charges against an investment fund, or other similar organization, and the contract or policy is reportable “indirect compensation” includes, for example, the reported on a Schedule A, payments of reasonable monetary fund’s investment adviser asset-based investment compensation by the insurer out of its general assets to management fee from the fund, brokerage commissions and persons for performing administrative activities necessary for fees charged in connection with purchases and sales of the insurer to fulfill its contractual obligation to provide benefits, interests in the fund, fees related to purchases and sales of where there is no direct or indirect charge to the plan for the interests in the fund (including 12b-1 fees), fees for providing administrative services other than the insurance premium, services to plan investors or plan participants such as would not be treated as indirect compensation for services communication and other shareholder services, and fees provided to the plan for Schedule C reporting purposes. This relating to the administration of the employee benefit plan such would include compensation for services such as as recordkeeping services, Form 5500 return/report filing and recordkeeping and claims processing services provided by a other compliance services. Amounts charged against the fund third party pursuant to a contract with the insurer to provide for other ordinary operating expenses, such as attorneys’ fees, those services, but would not include compensation provided accountants’ fees, printers fees, are not reportable indirect by the insurer incidental to the sale or renewal of a policy, such compensation for Schedule C purposes. Also, brokerage costs as finder’s fees, insurance brokerage commissions and fees, associated with a broker-dealer effecting securities or similar fees. Insurance investment contracts are not eligible transactions within the portfolio of a mutual fund or for the for this exception. portfolio of an investment fund that holds “plan assets” for Bundled Service Arrangements: For Schedule C ERISA purposes should be treated for Schedule C purposes reporting purposes, a bundled service arrangement includes as an operating expense of the investment fund, not reportable any service arrangements where the plan hires one company -28- Instructions for Schedule C (Form 5500) |
to provide a range of services either directly from the you check “Yes” on line 1a, provide as many entries in line 1b company, through affiliates or subcontractors, or through a as necessary to identify the person or persons who provided combination, which are priced to the plan as a single package you with the necessary disclosures regarding the eligible rather than on a service-by-service basis. A bundled service indirect compensation. If any indirect compensation is either arrangement would also include an investment transaction in not of the type described below or if the plan did not receive which the plan receives a range of services either directly from the written disclosures described below, the indirect the investment provider, through affiliates or subcontractors, or compensation is not “eligible indirect compensation” for through a combination . purposes of Part 1. Direct payments by the plan to the bundled service provider (1) Eligible Indirect Compensation: The types of indirect should be reported as direct compensation to the bundled compensation that can be treated as eligible indirect service provider. Such direct payments by the plan do not compensation are indirect compensation that is fees or need to be allocated among affiliates or subcontractors and do expense reimbursement payments charged to investment not need to be reported as indirect compensation received by funds and reflected in the value of the investment or return on the affiliates or subcontractors unless the amount paid to the investment of the participating plan or its participants, finder’s affiliate or subcontractor is set on a per transaction basis, e.g., fees, “soft dollar” revenue, float revenue, and/or brokerage brokerage fees and commissions. commissions or other transaction-based fees for transactions Fees charged to the plan’s investment and reflected in the or services involving the plan that were not paid directly by the net value of the investment, such as management fees paid by plan or plan sponsor (whether or not they are capitalized as mutual funds to their investment advisers, float revenue, investment costs). commissions (including “soft dollars”), finder’s fees, 12b-1 Investment funds or accounts for this purpose would distribution fees, account maintenance fees, and shareholder include mutual funds, bank commingled trusts, including servicing fees, must, subject to the alternative reporting option common and collective trusts, insurance company pooled for “eligible indirect compensation,” described below, be separate accounts, and other separately managed accounts treated as separate reportable compensation by the person and pooled investment vehicles in which the plan invests. receiving the fee for purposes of Schedule C reporting. Investment funds or accounts would also include separately For each person who is a fiduciary to the plan or provides managed investment accounts that contain assets of individual one or more of the following services to the plan – contract plans. administrator, consulting, investment advisory (plan or (2) Required Written Disclosures: For the types of participants), investment management, securities brokerage, indirect compensation described above to be treated as or recordkeeping – commissions and other transaction based eligible indirect compensation for purposes of completing line fees, finder’s fees, float revenue, soft dollar and other non- 1, you must have received written materials that disclosed and monetary compensation, would also be required to be treated described (a) the existence of the indirect compensation; (b) as separate compensation for Schedule C purposes even if the services provided for the indirect compensation or the those fees were paid from mutual fund management fees or purpose for payment of the indirect compensation; (c) the other fees charged to the plan’s investment and reflected in the amount (or estimate) of the compensation or a description of net value of the investment. the formula used to calculate or determine the compensation; Other revenue sharing payments among members of a and (d) the identity of the party or parties paying and receiving bundled service arrangement do not need to be allocated the compensation. The written disclosures for a bundled among affiliates or subcontractors and treated as indirect arrangement must separately disclose and describe each compensation received by the affiliates or subcontractors in element or indirect compensation that would be required to be determining whether the affiliate or subcontractor must be separately reported if you were not relying on this alternative separately identified on line 2 of the Schedule C. reporting option. For more information about bundled arrangements for If any person received eligible indirect compensation reporting purposes, see FAQs about the Schedule C, available and either direct compensation and/or indirect on the EBSA website at www.dol.gov/ebsa/faqs. compensation that does not meet the requirements of this line to be eligible indirect compensation, you cannot rely on the Allocating Compensation Among Multiple Plans: Where alternative reporting option for that person and must complete reportable compensation is received by a person in connection line 2 for each such person who received $5,000 or more in with several plans or DFEs, any reasonable method of direct and indirect compensation. allocating the compensation among the plans or DFEs may be used provided that the allocation method is disclosed to the Line 2. Except for those persons and eligible indirect plan administrator. In calculating the $5,000 threshold for compensation for which you answered “Yes” to line 1 above, purposes of determining whether a person must be identified in complete as many entries as needed to list each person Part I, include the amount of compensation received by the receiving, directly or indirectly, $5,000 or more in total direct person that is attributable to the plan or DFE filing the Form and indirect compensation. Start with the most highly 5500, not the aggregate amount received in connection with all compensated and list in descending order of compensation. the plans or DFEs. Enter in element (a) the person’s name and complete elements (a) through (h) as specified below. Use as many entries as Affiliates: For purposes of Schedule C reporting, an necessary to list all persons and information required to be “affiliate” of a person includes any person, directly or indirectly, reported. through one or more intermediaries, controlling, controlled by, or under common control with the person applying principles Element (a). Enter the EIN for the person identified in consistent with the regulations prescribed under section 414(c) element (a). If the name of an individual is entered in element of the Code. (a) and the individual does not have an EIN, enter the EIN of the individual’s employer. If the person is self-employed and Line 1. Check “Yes” or “No” on line 1a to indicate whether you does not have an EIN, you may enter the person’s address are relying on the alternative reporting option for a person or and telephone number. Do not use a social security number in persons who received only “eligible indirect compensation.” If lieu of an EIN. The Schedule C and its attachments are open Instructions for Schedule C (Form 5500) -29- |
to public inspection and are subject to publication on the Element (c). Enter any relationship of the person Internet. Because of privacy concerns, the inclusion of a social identified in element (a) to the plan sponsor, to the participating security number or any portion thereof on this Schedule C or employer or employee organization, or to any person known to any of its attachments may result in the rejection of the filing. be a party-in-interest, for example, employee of employer, Element (b). Select from the list below all codes that vice-president of employer, union officer, affiliate of plan describe both the kind of services provided and the type of recordkeeper, etc. compensation received. Enter as many codes as apply: Element (d). Enter the total amount of compensation Code Service/Compensation received directly from the plan for services rendered to the plan 10 Accounting (including auditing) during the plan year. If a service provider charges the plan a 11 Actuarial fee or commission, but agrees to offset the fee or commission 12 Claims processing with any revenue received from a party other than the plan or 13 Contract Administrator plan sponsor, for example, as part of a commission recapture 14 Plan Administrator or other offset arrangement, only the amount paid directly by 15 Recordkeeping and information management (computing, the plan after any revenue sharing offset should be entered in tabulating, data processing, etc.) element (d). Enter in element (d), as direct payments by the 16 Consulting (general) plan, amounts that a plan sponsor, or contributing employer or 17 Consulting (pension) participating employee organization in the case of a 18 Custodial (other than securities) multiemployer or multiple-employer plan, pays a plan third- 19 Custodial (securities) party service provider that are reimbursed by the plan. 20 Trustee (individual) Note. Do not leave element (d) blank. If no direct 21 Trustee (bank, trust company, or similar financial institution) compensation was received, enter “0”. 22 Insurance agents and brokers Element (e). Check “Yes” if the person identified in 23 Insurance services element (a), or any related person, received during the plan 24 Trustee (discretionary) year indirect compensation in connection with the person’s 25 Trustee (directed) position with the plan or services provided to the plan. (See 26 Investment advisory (participants) instructions above on definition of indirect compensation.) If 27 Investment advisory (plan) the answer is “No,” skip elements (f) through (h) for the person 28 Investment management identified in element (a). 29 Legal Element (f). Check “Yes” if any of the indirect 30 Employee (plan) compensation was eligible indirect compensation for which the 31 Named fiduciary plan received the necessary disclosures. See instructions for 32 Real estate brokerage line 1 for definition of eligible indirect compensation. Check 33 Securities brokerage “No” if none of the indirect compensation was eligible indirect 34 Valuation (appraisals, etc.) compensation. 35 Employee (plan sponsor) Element (g). Enter the total of all indirect compensation 36 Copying and duplicating that is not eligible indirect compensation for which the plan 37 Participant loan processing received the necessary disclosure. Do not leave blank. If none, 38 Participant communication enter “0”. 40 Foreign entity (e.g., an agent or broker, bank, insurance Element (h). Check “Yes” if the service provider, instead of company, etc. not operating within jurisdictional boundaries of an amount or an estimated amount, gave the plan a formula or the United States) other description of the method used to determine some or all 49 Other services of the indirect compensation received. 50 Direct payment from the plan 51 Investment management fees paid directly by plan Line 3. For each person identified in line 2 who is a fiduciary to 52 Investment management fees paid indirectly by plan the plan or provides one or more of the following services to 53 Insurance brokerage commissions and fees the plan – contract administrator, consulting custodial, 54 Sales loads (front end and deferred) investment advisory (plan or participants), investment 55 Other commissions management, broker, or recordkeeping – enter the requested 56 Non-monetary compensation information for each source from whom the person received 57 Redemption fees indirect compensation if (1) the amount of the compensation was $1,000 or more, or (2) the plan was given a formula or 58 Product termination fees (surrender charges, etc.) other description of the method used to determine the indirect 59 Shareholder servicing fees compensation rather than an amount or estimated amount of 60 Sub-transfer agency fees the indirect compensation. 61 Finders’ fees/placement fees 62 Float revenue Part II Service Providers Who Fail or Refuse To – 63 Distribution (12b-1) fees Provide Information 64 Recordkeeping fees Line 4. Provide the requested information for each plan 65 Account maintenance fees fiduciary or service provider who you believe failed or refused 66 Insurance mortality and expense charge to provide any of the information necessary to complete Part I 67 Other insurance wrap fees of this schedule. 68 “’Soft dollars’ commissions” Important Reminder. Before identifying a fiduciary or service 70 Consulting fees provider as a person who failed or refused to provide 71 Securities brokerage commissions and fees information, you should contact the fiduciary or service 72 Other investment fees and expenses provider to request the necessary information and tell them 73 Other insurance fees and expenses that you will list them on the Schedule C as a fiduciary or 99 Other fees -30- Instructions for Schedule C (Form 5500) |
service provider who failed or refused to provide information if an accountant or enrolled actuary. Include a description of any they do not provide the necessary information. material disputes or matters of disagreement concerning the Part III – Termination Information on Accountants termination, even if resolved prior to the termination. If an individual is listed, and the individual does not have an EIN, and Enrolled Actuaries the EIN to be entered should be the EIN of the individual’s Complete Part III if there was a termination in the appointment employer. of an accountant or enrolled actuary during the 2023 plan year. Do not use a social security number in lieu of an EIN. The This information must be provided on the Form 5500 for the Schedule C and its attachments are open to public inspection, plan year during which the termination occurred. For example, and the contents are public information and are subject to if an accountant was terminated in the 2023 plan year after publication on the Internet. Because of privacy concerns, the completing work on an audit for the 2022 plan year, the inclusion of a social security number or any portion thereof on termination should be reported on the Schedule C filed with the this Schedule C or any of its attachments may result in the 2023 plan year Form 5500. If the accountant is a firm (such as rejection of the filing. a corporation, partnership, etc.), report when the service provider (not an individual within the firm) was terminated. An The plan administrator must also provide the terminated enrolled actuary is by definition an individual and not a firm, accountant or enrolled actuary with a copy of the explanation and you must report when the individual is terminated. for the termination provided in Part III of the Schedule C, along with a completed copy of the notice below. Provide an explanation of the reasons for the termination of Notice to Terminated Accountant or Enrolled Actuary I, as plan administrator, verify that the explanation that is reproduced below or attached to this notice is the explanation concerning your termination reported on the Schedule C (Form 5500) attached to the 2023 Form 5500, Annual Return/Report of Employee Benefit Plan, for the __________________________________________________________(enter name of plan). This Form 5500 is identified in line 2b by the nine-digit EIN - (enter sponsor’s EIN), and in line 1b by the three-digit PN________(enter plan number). You have the opportunity to comment to the Department of Labor concerning any aspect of this explanation. Comments should include the name, EIN, and PN of the plan and be submitted to: Office of Enforcement, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, DC 20210. Signed Dated Instructions for Schedule C (Form 5500) -31- |
Element (a). Enter the name of the MTIA, CCT, PSA, or 103- 2023 Instructions for Schedule D 12 IE in which the plan or DFE filing the Form 5500 (Form 5500) participated at any time during the plan or DFE year. DFE Participating Plan Information / Element (b). Enter the name of the sponsor of the MTIA, CCT, PSA, or 103-12 IE named in element (a). General Instructions Element (c). Enter the nine-digit employer identification number (EIN) and three-digit plan/entity number (PN) for each Purpose of Schedule MTIA, CCT, PSA, or 103-12 IE named in element (a) . This When the Form 5500 is filed for a plan or Direct Filing Entity must be the same DFE EIN/PN as reported on lines 2b and 1b (DFE) that invested or participated in any master trust of the Form 5500 filed for the DFE. If a Form 5500 was not investment accounts (MTIAs), 103-12 Investment Entities filed for a CCT or PSA named in element (a), enter the EIN for (103-12 IEs), common/collective trusts (CCTs), and/or pooled the CCT or PSA and enter 000 for the PN. Do not use a social separate accounts (PSAs), Part I provides information about security number or any portion thereof in lieu of an EIN. The these entities. When the Form 5500 is filed for a DFE, Part II Schedule D and its attachments are open to public inspection, provides information about plans participating in the DFE. and the contents are public information and are subject to publication on the Internet. Because of privacy concerns, the Who Must File inclusion of a social security number or any portion thereof on Employee Benefit Plans: Schedule D (Form 5500) must be this Schedule D or any of its attachments may result in the attached to a Form 5500 filed for an employee benefit plan that rejection of the filing. participated or invested in one or more CCTs, PSAs, MTIAs, or Element (d). Enter an M, C, P, or E, as appropriate, (see table 103-12 IEs at any time during the plan year. below) to identify the type of entity (MTIA, CCT, PSA, or Direct Filing Entities: Schedule D (Form 5500) must be 103-12 IE). attached to a Form 5500 filed for a CCT, PSA, MTIA, 103-12 IE, or Group Insurance Arrangement (GIA), as a Direct Filing Entity (i.e., when a “DFE” is checked on Part I, line A, of the Type of entity Enter in (d) Form 5500). Schedule D (Form 5500) must be attached to a Form 5500 filed for a DFE that is a DCG, with Part I completed, only if the DCG invested in 103-12 IEs, CCTs or MTIA M PSAs filing as DFEs. CCT C For more information, see instructions for Direct Filing Entity (DFE) Filing Requirements. PSA P DCGs and multiple-employer pension plans that are 103-12 IE E pooled employer plans cannot participate in an MTIA. Element (e). Enter the dollar value of the plan’s or DFE’s Check the Schedule D box on the Form 5500 (Part II, line interest as of the end of the year. If the plan or DFE for which 10b(5)) if a Schedule D is attached to the Form 5500. this Schedule D is filed had no interest in the MTIA, CCT, PSA, Complete as many repeating entries as necessary to report the or 103-12 IE listed at the end of the year, enter ‘‘0’’. required information. Example for Part I: If a plan participates in an MTIA, the Specific Instructions MTIA is named in element (a); the MTIA’s sponsor is named in Lines A, B, C, and D. The information must be the same as element (b); the MTIA’s EIN and PN are entered in element (c) reported in Part II of the Form 5500 to which this Schedule D is (such as: 12-3456789-001); an ‘‘M’’ is entered in element (d); attached. and the dollar value of the plan’s interest in the MTIA as of the Do not use a social security number in line D in lieu of an end of plan year is entered in element (e). EIN. The Schedule D and its attachments are open to public If the plan also participates in a CCT for which a Form 5500 inspection, and the contents are public information and are was not filed, the CCT is named in another element (a); the subject to publication on the Internet. Because of privacy name of the CCT sponsor is entered in element (b); the EIN for concerns, the inclusion of a social security number or any the CCT, followed by 000 is entered in element (c) (such as: portion thereof on this Schedule D or any of its attachments 99-8765432-000); a “C” is entered in element (d); and the may result in the rejection of the filing. dollar value of the plan’s interest in the CCT is entered in You can apply for an EIN from the IRS online, by fax, or by element (e). mail depending on how soon you need to use the EIN. For If the plan also participates in a PSA for which a Form 5500 more information, see Section 3: Electronic Filing Requirement was filed, the PSA is named in a third element (a); the name of under General Instructions to Form 5500. The EBSA does not the PSA sponsor is entered in element (b); the PSA’s EIN and issue EINs. PN is entered in element (c) (such as: 98-7655555-001); a “P” is entered in element (d); and the dollar value of the plan’s Part I – Information on Interests in MTIAs, CCTs, interest in the PSA is entered in element (e). PSAs, and 103-12 IEs (To Be Completed by Plans and DFEs) Part II – Information on Participating Plans (To Be Completed Only by DFEs, Except DCGs) Complete as many repeating entries as necessary to enter the information specified below for all MTIAs, CCTs, PSAs, and Complete as many repeating entries as necessary to enter the 103-12 IEs in which the plan or DFE filing the Form 5500 information specified below for all plans that invested or participated at any time during the plan or DFE year. participated in the DFE at any time during the DFE year. Complete a separate item (elements (a) through (e)) for each MTIA, CCT, PSA, or 103-12 IE. -32- Instructions for Schedule D (Form 5500) |
Note. DCGs are not required to complete Part II. A DCG’s participating plan information must be reported on Schedule DCG. See Schedule DCG and related instructions. Complete a separate item (elements (a) through (c)) for each plan. Element (a). Enter the name of each plan that invested or participated in the DFE at any time during the DFE year. GIAs need not complete element (a). Element (b). Enter the name of the sponsor of each and every plan investing or participating in the DFE. Element (c). Enter the nine-digit EIN and three-digit PN for each plan named in element (a) . This is the EIN and PN entered on lines 2b and 1b of the plan’s Form 5500 or Form 5500-SF. GIAs should enter the EIN of the sponsor listed in element (b). Do not use a social security number in lieu of an EIN. The Schedule D and its attachments are open to public inspection, and the contents are public information and are subject to publication on the Internet. Because of privacy concerns, the inclusion of a social security number or any portion thereof on this Schedule D or any of its attachments may result in the rejection of the filing. Instructions for Schedule D (Form 5500) -33- |
submitted as a complete replacement of the previously 2023 Instructions for Schedule DCG submitted filing. If a Schedule DCG needs to be amended, the (Form 5500) common plan administrator must resubmit the entire annual Individual Plan Information return/report filing for the DCG, with all required schedules and attachments, including Schedule DCG for all the plans in the DCG, through EFAST2. You cannot submit just the Schedule General Instructions DCG that is being amended. The line F box for “Amended Purpose of Schedule Schedule” must be checked only for those Schedules DCG that have been changed from the original submission. See This schedule is used for a common plan administrator as EFAST2 FAQs available on the EFAST website at defined in 29 CFR 2520.104-51(c)(2)(iii) to report information www.efast.dol.gov. regarding each individual plan participating in a Defined Contribution Group Reporting Arrangement (DCG or DCG Line F Box for the Final Schedule. Check this box if this is reporting arrangement), as permitted by SECURE Act section the last annual return/report required for this plan. 202. Note. Check this box if all assets under the plan have been distributed to the participants and beneficiaries or legally Who Must File transferred to the control of another plan. Do not check this Schedule DCG must be attached to a Form 5500 filed for a box if you are reporting participants and/or assets at the end of DFE that has checked the box in Part I, line A and specified the plan year or if you merely withdraw from a DCG reporting the report is for a DCG reporting arrangement (i.e., when “D” is arrangement and still have a filing requirement for this plan. entered as the DFE code on Part I, line A of the Form 5500). Each plan participating in the DCG must individually complete Part III – Basic Individual Plan Information a Schedule DCG to be attached to the Form 5500. Remember Line 1a. Enter the formal name of the plan participating in the to check the Schedule DCG box on the Form 5500 (Part II, line DCG or enough information to identify the plan. Abbreviate if 10(a)(4)) and indicate the number of Schedules DCG that are necessary. If an annual return/report or a schedule has attached to the Form 5500. previously been filed on behalf of the plan, regardless of the For more information, see the instructions for DCG filing under type of form or schedule that was filed, use the same name or Direct Filing Entity (DFE) Filing Requirements. abbreviation that was used on the prior filings. Once you use an abbreviation, continue to use it for that plan on all future Specific Instructions annual return/report or schedule filings with the IRS, DOL, and Part I – DCG Information PBGC. Do not use the same name or abbreviation for any Lines A, B, C and D. The information must be the same as other plan, even if the first plan is terminated. If the plan has reported on lines 1a, 1b, 2a, and 2b of Part II of the DCG’s changed its name from the prior year filing(s), complete line 3 Form 5500 to which this schedule is attached. For lines A and to indicate that the plan was previously identified by a different C, the DCG plan name may be different from the DCG plan name. sponsor’s name (e.g., in the case of a DCG sponsor that offers Line 1b. Enter the three-digit plan or entity number (PN) more than one DCG reporting arrangement). assigned to the plan participating in the DCG. This three-digit number, in conjunction with the EIN entered on line 2b, is used Part II – Individual Plan Identification Information by the IRS, DOL, and PBGC as a unique 12-digit number to Line E Box for a Single-Employer Plan. Check this box to identify the plan. confirm that Schedule DCG is filed for a defined contribution Start at 001 for the first plan providing pension benefits. pension plan that is a single-employer plan. A single-employer Consecutively number other plans providing pension benefits plan for this reporting purpose is an employee benefit plan as 002, 003, etc. Once you use a plan number, continue to use maintained by one employer or one employee organization it for that plan on all future filings with the IRS, DOL, and (determined on a controlled group basis) in which the funds PBGC. Do not use it for any other plan, even if the first plan or attributable to each employer are available to pay benefits only DFE is terminated. for that employer’s employees. A plan that does not meet this definition is ineligible to participate in the DCG and should not Line 1c. Enter the date the plan first became effective. complete this Schedule. The plan instead must file a separate Line 2a. Enter the name of the plan sponsor. If the plan covers Form 5500 or Form 5500-SF (if eligible) in accordance with only the employees of one employer, enter the employer’s form instructions. name. Enter the current street address, the name of the city, Line E Box for a Collectively-Bargained, Single-Employer and the two-character abbreviation of the U.S. state or Plan. Check this box if the contributions to the plan and/or the possession and zip code. Enter a foreign postal code and benefits paid by the plan are subject to the collective country name, if applicable. Leave U.S. state and zip code bargaining process. The contributions and/or benefits do not blank if entering a foreign routing code and country name. have to be identical for all employees under the plan. A post office box number may be entered if the Post Office Line F Box for the First Schedule. Check this box only if an does not deliver mail to the sponsor’s street address. annual return/report has not been previously filed for this plan. Note. Use the IRS Form 8822-B, Change of Address or If a plan participates in a DCG reporting arrangement, it is Responsible Party — Business , to notify the IRS if the address treated as satisfying its annual return/report requirement under provided here is a change in your business mailing address or Section 6058 of IRC and Section 104 of ERISA. your business location. Line F Box for an Amended Schedule. Check this box if an Line 2b. Enter the nine-digit EIN assigned to the plan annual return/report for the DCG has already been filed for the sponsor/employer. Do not use a SSN in lieu of an EIN. 2023 plan year, including a Schedule DCG for this plan, and Because of privacy concerns, the inclusion of a SSN or any you are now amending this Schedule DCG to correct errors portion thereof on this line may result in the rejection of the and/or omissions on the previously filed return/report. filing. Note. An amended annual return/report filing must be A plan sponsor/employer without an EIN must apply for one -34- Instructions for Schedule DCG (Form 5500) |
as soon as possible. To apply for an EIN from the IRS: example, individuals who are retired or separated from Mail or fax Form SS-4, “Application for EIN,” obtained at employment covered by the plan and who are receiving www.irs.gov/orderforms. See www.IRS.gov/Businesses and benefits under the plan). This category does not include any click on “Employer ID Numbers” for additional information. The individual to whom an insurance company has made an EIN is issued immediately once the application information is irrevocable commitment to pay all the benefits to which the validated. (The online application process is not yet available individual is entitled under the plan. for corporations with addresses in foreign countries or Puerto 3 Other retired or separated participants entitled to future . Rico.) benefits (for example, any individuals who are retired or Line 2c. Enter the plan sponsor’s/employer’s telephone separated from employment covered by the plan and who are number, including the area code. entitled to begin receiving benefits under the plan in the future). This category does not include any individual to whom Line 2d. Enter the six-digit business code from the list of an insurance company has made an irrevocable commitment business codes on pages 94, 95, and 96 that best describes to pay all the benefits to which the individual is entitled under the primary nature of the plan sponsor’s/employer’s business. the plan. Do not enter code 525100 (Insurance & Employee Benefit Funds) or 813930 (Labor Unions and Similar Labor 4 Deceased individuals who had one or more beneficiaries . Organizations) unless the predominant industry in which the who are receiving or are entitled to receive benefits under the active participants are employed is the industry of insurance plan. This category does not include any individual to whom an and employee benefit funds, or the industry of labor unions insurance company has made an irrevocable commitment to and similar labor organizations. pay all the benefits to which the beneficiaries of that individual are entitled under the plan. Lines 3a-d. If the plan sponsor’s/employer’s name and/or EIN have changed or the plan name has changed since the last Line 5d(1). Enter the number of participants included on line return/report or schedule was filed for this plan, enter the plan 5a (total number of participants at the beginning of the plan sponsor’s name and EIN, the plan name, and the plan number year) who have account balances at the beginning of the plan as it appeared on the last return/report or schedule filed. year. The failure to indicate on line 3 that a plan sponsor was Line 5d(2). Enter the number of participants included on line previously identified by a different name or a different 5b (total number of participants at the end of the plan year) EIN or that the plan name has been changed could result in who have account balances at the end of the plan year. For correspondence from the DOL and/or the IRS. example, for a section 401(k) plan the number entered on line 5d(2) should be the number of participants counted on line 5b Line 4a. Enter the name and address of the common plan who have made a contribution, or for whom a contribution has administrator as shown on the DCG’s Form 5500, Part II, line been made, to the plan for this plan year or any prior plan year. 3a. Line 5e. Include any individual who terminated employment Line 4b. Enter the common plan administrator’s nine-digit EIN during this plan year, whether or not the individual (a) incurred as shown on the DCG’s Form 5500, Part II, line 3b. a break in service, (b) received an irrevocable commitment Line 4c. Enter the telephone number for the common plan from an insurance company to pay all the benefits to which the administrator as shown on the DCG’s Form 5500, Part II, line individual is entitled under the plan, and/or (c) received a cash 3c. Use numbers only, including the area code, and do not distribution or deemed cash distribution of their nonforfeitable include any special characters. accrued benefit. See Form 5500, Part II, lines 3a-3c for additional information. Part IV – Financial Information Line 5a. Enter the total number of participants at the beginning Note. The cash, modified cash, or accrual basis accounting of the plan year. methods may be used for recognition of transactions in Part IV, Line 5b. Enter the total number of participants at the end of as long as you use one method consistently. If Form 5500 or the plan year. Form 5500-SF was filed for the previous year, amounts Line 5c(1). Enter the total number of active participants at the reported on Schedule DCG lines 6a, 6b, and 6c for the beginning of the plan year. beginning of the plan year must be the same as reported for the end of the plan year for the corresponding lines on the Line 5c(2). Enter the total number of active participants at the return/report for the preceding plan year. If Schedule DCG was end of the plan year. filed in the previous year, the amount reported on lines 6a, 6b, “Participant” for purpose of lines 5a–5c(2) means any and 6c for the beginning of the plan year must be the same as individual who is included in one of the categories below. reported for the end of the plan year on the Schedule DCG 1 Active participants (for example, any individuals who are . filed for the previous year. Use whole dollars only. currently in employment covered by the plan and who are Current value means fair market value where available. earning or retaining credited service under the plan) including: Otherwise, it means the fair value as determined in good faith Any individuals who are eligible to elect to have the employer under the terms of the plan by a trustee or a named fiduciary, make payments under a section 401(k) qualified cash or assuming an orderly liquidation at the time of the deferred arrangement, and determination. See ERISA section 3(26). Any nonvested individuals who are earning or retaining Line 6a. Enter the total amount of plan assets at the beginning credited service under the plan. of the plan year in column (a). Do not include contributions designated for the 2023 plan year in column (a). Enter the total This category does not include (a) nonvested former amount of plan assets at the end of the plan year in column employees who have incurred the break in service period (b). specified in the plan or (b) former employees who have received a “cash-out” distribution or deemed distribution of Line 6a(1). Enter the current value of all loans to participants, their entire nonforfeitable accrued benefit. including residential mortgage loans that are subject to Code section 72(p). Include the sum of the value of the unpaid 2 Retired or separated participants receiving benefits (for . Instructions for Schedule DCG (Form 5500) -35- |
principal balances, plus accrued but unpaid interest, if any, for years before the 2023 plan year on line 7a(1). participant loans made under an individual account plan with Line 7a(3). Enter the amount of all other contributions investment experience segregated for each account, which are including transfers or rollovers received from other plans made in accordance with 29 CFR 2550.408b-1 and secured valued on the date of contribution. solely by a portion of the participant’s vested accrued benefit. When applicable, combine this amount with the current value Line 7b. Enter the current value, at date contributed, of of any other participant loans. Do not include in column (b) a securities or other noncash property. participant loan that has been deemed distributed during the Line 7c. Enter the total cash, noncash, and other contributions plan year under the provisions of Code section 72(p) and received and/or receivable by the plan from employers and Treasury Regulations section 1.72(p)-1, if both of the following participants during the plan year. circumstances apply: Line 7d. Enter all other plan income for the plan year. Do not 1. Under the plan, the participant loan is treated as a directed include transfers from other plans that are reported on line 7m. investment solely of the participant’s individual account; and Examples of other income received and/or receivable include: 2. As of the end of the plan year, the participant is not 1 Interest on investments (including money market accounts, . continuing repayment under the loan. sweep accounts, etc.) If both of these circumstances apply, report the loan as a 2. Dividends. (Accrual basis plans should include dividends deemed distribution on line 7h. However, if either of these declared for all stock held by the plan even if the dividends circumstances does not apply, the current value of the have not been received as of the end of the plan year.) participant loan (including interest accruing thereon after the 3. Net gain or loss from the sale of assets. deemed distribution) must be included in column (b) without 4. Other income such as unrealized appreciation (depreciation) regard to the occurrence of a deemed distribution. in plan assets. To compute this amount, subtract the current Note. After a participant loan that has been deemed distributed value of all assets at the beginning of the year plus the cost of is included in the amount reported on line 7h, it is no longer to any assets acquired during the plan year from the current be reported as an asset on line 6a unless, in a later year, the value of all assets at the end of the year minus assets participant resumes repayment under the loan. However, such disposed of during the plan year. a loan (including interest accruing thereon after the deemed Line 7e. Add the total contributions (line 7c) and other plan distribution) that has not been repaid is still considered income (line 7d) during the plan year. If entering a negative outstanding for purposes of applying Code section 72(p)(2)(A) number, enter a minus sign (“–”) to the left of the number. to determine the maximum amount of subsequent loans. Also, the deemed distribution is not treated as an actual distribution Line 7f. Enter the total amount of benefits paid directly to for other purposes, such as the qualification requirements of participants or beneficiaries, including payments made (and for Code section 401, including, for example, the determination of accrual basis filers payments due) to or on behalf of top- heavy status under Code section 416 and the vesting participants or beneficiaries in cash, securities, or other requirements of Treasury Regulations section 1.411(a)-7(d)(5). property (including rollovers of an individual’s accrued benefit See Q&As 12 and 19 of Treasury Regulations section 1.72(p)- or account balance). Include all eligible rollover distributions as 1. defined in Code section 401(a)(31)(D) paid at the participant’s election to an eligible retirement plan (including an IRA within The entry on line 6a, column (b) (plan assets at end of the meaning of Code section 401(a)(31)(E)). year) must include the current value of any participant loan included as a deemed distribution in the amount reported for Line 7g. Enter total amount of corrective distributions, any earlier year if, during the plan year, the participant including all distributions paid during the plan year of excess resumes repayment under the loan. In addition, the amount to deferrals under Code section 402(g)(2)(A)(ii), excess be entered on line 7h must be reduced by the amount of the contributions under Code section 401(k)(8), excess aggregate participant loan reported as a deemed distribution for the contributions under Code section 401(m)(6), and allocable earlier year. income distributed. Also include on this line any elective deferrals and employee contributions distributed or returned to Line 6b. Enter the total liabilities at the beginning and end of employees during the plan year as well as any attributable the plan year. Liabilities to be entered here do not include the income that was also distributed. value of future pension payments to participants. The amount to be entered in line 6b for accrual basis filers includes, among Line 7h. Enter the total amount of certain deemed distributions other things: of participant loans, including a participant loan that has been deemed distributed during the plan year under the provisions 1 Benefit claims that have been processed and approved for . of Code section 72(p) and Treasury Regulations section payment by the plan but have not been paid; 1.72(p)-1, only if both of the following circumstances apply: 2 Accounts payable obligations owed by the plan that were . 1 Under the plan, the participant loan is treated as a directed . incurred in the normal operations of the plan but have not been investment solely of the participant’s individual account; and paid; and 2 As of the end of the plan year, the participant is not . 3 Other liabilities such as acquisition indebtedness and any . continuing repayment under the loan. other amount owed by the plan. If either of these circumstances does not apply, a deemed Line 6c. Enter the net assets as of the beginning and end of distribution of a participant loan should not be reported on line the plan year. (Subtract line 6b from 6a). Line 6c, column (b), 7h. Instead, the current value of the participant loan (including must equal the sum of line 6c, column (a), plus lines 7l(net interest accruing thereon after the deemed distribution) must income (loss)) and 7m (transfers to (from) the plan). be included on line 6a(1)), column (b) (participant loans – end Lines 7a(1) and (2). Enter the total cash contributions of year), without regard to the occurrence of a deemed received and/or receivable by the plan from employers and distribution. participants during the plan year. Plans using the accrual basis Line 7i. The amount to be reported for expenses involving of accounting must not include contributions designated for administrative service providers (salaries, fees, and -36- Instructions for Schedule DCG (Form 5500) |
commissions) during the plan year includes the total fees paid Form 5500 filing to satisfy the plan’s reporting requirement in (or in the case of accrual basis plans, costs incurred during the the subsequent year) until the year after the violation has been plan year but not paid as of the end of the plan year) by the fully corrected by payment of the late contributions and plan for, among others: reimbursement of the plan for lost earnings or profits. All 1. Salaries to employees of the plan; delinquent participant contributions must be reported on line 9a at least for the year in which they were delinquent even if 2. Fees and expenses for accounting, actuarial, legal, violations have been fully corrected by the close of the plan investment management, investment advice, and securities year. If no participant contributions were received or withheld brokerage services; by the employer during the plan year, answer “No.” 3. Contract administrator fees; and An employer holding participant contributions commingled 4. Fees and expenses for individual plan trustees, including with its general assets after the earliest date on which such reimbursement for travel, seminars, and meeting expenses. contributions can reasonably be segregated from the Line 7j. Other expenses (paid and/or payable) include other employer’s general assets will have engaged in a prohibited administrative and miscellaneous expenses paid by or charged use of plan assets (see ERISA section 406). If such a to the plan during the plan year, including among others office nonexempt prohibited transaction occurred with respect to a supplies and equipment, telephone, and postage. disqualified person (see Code section 4975(e)(2)), file IRS Line 7k. Enter the total of all benefits paid or due reported on Form 5330, Return of Excise Taxes Related to Employee lines 7f, 7g, 7h, and all other plan expenses reported on lines Benefit Plans, with the IRS to pay any applicable excise tax on 7i and 7j during the plan year. the transaction. Line 7l. Subtract line 7k from line 7e. Participant loan repayments paid to and/or withheld by an employer for purposes of transmittal to the plan that were not Line 7m. Include in these figures the value of all transfers of transmitted to the plan in a timely fashion must be reported assets or liabilities into or out of the plan resulting from, among either on line 9a in accordance with the reporting requirements other things, mergers and consolidations. A transfer of assets that apply to delinquent participant contributions or on line 9b. or liabilities occurs when there is a reduction of assets or See Advisory Opinion 2002-02A, available at liabilities with respect to one plan and the receipt of these www.dol.gov/ebsa. assets or the assumption of these liabilities by another plan. A transfer is not a shifting of one plan’s assets or liabilities from For those Schedule DCG filers required to submit an one investment to another. A transfer is not a distribution of all IQPA report, delinquent participant contributions reported or part of an individual participant’s account balance that is on line 9a must be treated as part of the separate schedules reportable on IRS Form 1099-R, Distributions From Pensions, referenced in ERISA section 103(a)(3)(A) and 29 CFR Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance 2520.103-1(b) and 2520.103-2(b) for purposes of preparing the Contracts, etc., (see the instructions for line 7f). Transfers out IQPA’s opinion for such individual plan in the DCG, even at the end of the year should be reported as occurring during though they are not required to be listed on Part III of the the plan year. Schedule G that is filed on a consolidated basis at the DCG level. If the information reported on line 9a is not presented in Part V - Plan Characteristics accordance with regulatory requirements, i.e., when the IQPA Line 8. Do not leave blank. Enter all applicable pension plan concludes that the scheduled information required by line 9a characteristics codes that applied during the reporting year does not contain all the required information or contains from the List of Plan Characteristics Codes on pages 22 and information that is inaccurate or is inconsistent with the plan’s 23 that best describe the characteristics of the plan. financial statements, the IQPA report must make the appropriate disclosures in accordance with generally accepted Part VI - Compliance Questions auditing standards. For more information, see EBSA’s Line 9a. Amounts paid by a participant or beneficiary to an Frequently Asked Questions about Reporting Delinquent employer and/or withheld by an employer for contribution to Contributions on the Form 5500, available on the Internet at the plan are participant contributions that become plan assets www.dol.gov/ebsa. These Frequently Asked Questions clarify as of the earliest date on which such contributions can that plans have an obligation to include delinquent participant reasonably be segregated from the employer’s general assets contributions on their financial statements and supplemental (see 29 CFR 2510.3-102). In the case of a plan with fewer than schedules and that the IQPA’s report covers such delinquent 100 participants at the beginning of the plan year, any amount contributions even though they are no longer required to be deposited with such plan not later than the 7th business day included on Part III of the Schedule G. Although all delinquent following the day on which such amount is received by the participant contributions must be reported on line 9a, employer (in the case of amounts that a participant or delinquent contributions for which the DOL Voluntary Fiduciary beneficiary pays to an employer), or the 7th business day Correction Program (VFCP) requirements and the conditions following the day on which such amount would otherwise have of the Prohibited Transaction Exemption (PTE) 2002-51 have been payable to the participant in cash (in the case of amounts been satisfied do not need to be treated as nonexempt party- withheld by an employer from a participant’s wages), shall be in-interest transactions. deemed to be contributed or repaid to such plan on the earliest The VFCP describes the specific transactions covered date on which such contributions or participant loan (which transactions include delinquent participant contributions repayments can reasonably be segregated from the to pension and welfare plans) and acceptable methods for employer’s general assets. See 29 CFR 2510.3-102(a)(2). correcting violations. In addition, applicants that satisfy both Plans that check “Yes,” must enter the aggregate amount the VFCP and the conditions of PTE 2002-51 are eligible for of all late contributions for the year. The total amount of the immediate relief from payment of certain prohibited transaction delinquent contributions must be included on line 9a for the excise taxes for certain corrected transactions and are also year in which the contributions were delinquent and must be relieved from the requirement to file the IRS Form 5330 with carried over and reported again on line 9a for each subsequent the IRS. For more information on the VFCP, the specific year (or on line 4a of Schedule H or I of the Form 5500 or line transactions covered (which transactions include delinquent 10a of the Form 5500-SF if choosing not to rely on a DCG Instructions for Schedule DCG (Form 5500) -37- |
participant contributions to pension and welfare plans), and and a party-in-interest. acceptable methods for correcting violations, see 71 Fed. Reg. D. Transfer to, or use by or for the benefit of, a party in- 20261 (Apr. 19, 2006) and 71 Fed. Reg. 20135 (Apr. 19, interest, of any income or assets of the plan. 2006). All delinquent participant contributions must be reported on line 9a at least for the year in which they were delinquent E. Acquisition, on behalf of the plan, of any employer security even if violations have been fully corrected by the close of the or employer real property in violation of ERISA section 407(a). plan year. Information about the VFCP is also available on the F. Dealing with the assets of the plan for a fiduciary’s own Internet at www.dol.gov/ebsa. interest or own account. Line 9a Schedule. Attach a Schedule of Delinquent G. Acting in a fiduciary’s individual or any other capacity in any Participant Contributions using the format below if you entered transaction involving the plan on behalf of a party (or represent “Yes” on line 9a and you are checking “YES” on line 14 a party) whose interests are adverse to the interests of the because the report of an IQPA for the plan is required. If you plan or the interests of its participants or beneficiaries. choose to include participant loan repayments on line 9a, you H. Receipt of any consideration for their own personal account must apply the same supplemental schedule and IQPA by a party-in-interest who is a fiduciary from any party dealing disclosure requirements to the loan repayments as apply to with the plan in connection with a transaction involving the delinquent transmittals of participant contributions. income or assets of the plan. Party-in-Interest. For purposes of this form, party-in interest is Schedule DCG Line 9a – Schedule of Delinquent deemed to include a disqualified person. See Code section Participant Contributions 4975(e)(2). The term “party-in-interest” means, as to an employee benefit plan: Participant Total that Constitutes Nonexempt Total Fully A. Any fiduciary (including, but not limited to, any Contributions Prohibited Transactions Corrected administrator, officer, trustee, or custodian), counsel, or Transferred Under employee of the plan; Late to Plan VFCP and B. A person providing services to the plan; PTE 2002-51 C. An employer, any of whose employees are covered by the Check here if Contributions Contributions Contributions plan; Late Participant Not Corrected Pending D. An employee organization, any of whose members are Loan Corrected Outside VFCP Correction in covered by the plan; Repayments VFCP are included: E. An owner, direct or indirect, of 50% or more of: 1 the combined voting power of all classes of stock entitled . to vote or the total value of shares of all classes of stock of a corporation; Line 9b. Check “Yes” if any nonexempt transaction with a party-in-interest occurred. Do not check “Yes” with respect to 2 the capital interest or the profits interest of a partnership; . transactions that are: (1) statutorily exempt under Part 4 of or Title I of ERISA; (2) administratively exempt under ERISA 3 the beneficial interest of a trust or unincorporated . section 408(a); (3) exempt under Code sections 4975(c) or enterprise which is an employer or an employee organization 4975(d); or (4) delinquent participant contributions or described in C or D; delinquent loan repayments reported on line 9a. F. A relative of any individual described in A, B, C, or E; You may indicate that an application for an administrative G. A corporation, partnership, or trust or estate of which (or in exemption is pending. If you are unsure whether a transaction which) 50% or more of: is exempt or not, you should consult either with a qualified public accountant, legal counsel, or both. If the plan is a 1 the combined voting power of all classes of stock entitled . qualified pension plan and a nonexempt prohibited transaction to vote or the total value of shares of all classes of stock of occurred with respect to a disqualified person, an IRS Form such corporation, 5330 is required to be filed with the IRS to pay the excise tax 2 the capital interest or profits interest of such partnership, . on the transaction. Plans that check “Yes” must enter the or amount. 3 the beneficial interest of such trust or estate, is owned . Applicants that satisfy the VFCP requirements and the directly or indirectly, or held by persons described in A, B, C, conditions of PTE 2002-51 (see the instructions for line 9a) are D, or E; eligible for immediate relief from payment of certain prohibited H. An employee, officer, director (or an individual having transaction excise taxes for certain corrected transactions, and powers or responsibilities similar to those of officers or are also relieved from the obligation to file the Form 5330 with directors), or a 10% or more shareholder directly or indirectly, the IRS. When the conditions of PTE 2002-51 have been of a person described in B, C, D, E, or G, or of the employee satisfied, the corrected transactions should be treated as benefit plan; or exempt under Code section 4975(c) for the purposes of I. A 10% or more (directly or indirectly in capital or profits) answering line 9b. partner or joint venture of a person described in B, C, D, E, or Nonexempt transactions. Nonexempt transactions with a G. party-in-interest include any direct or indirect: Line 9c. You must check “Yes” if any benefits due under the A. Sale or exchange, or lease, of any property between the plan were not timely paid or not paid in full. This would include plan and a party-in-interest. required minimum distributions to 5% owners who have B. Lending of money or other extension of credit between the attained the applicable age as described in Code section plan and a party-in-interest. 401(a)(9)(C)(v) whether or not retired and/or non-5% owners C. Furnishing of goods, services, or facilities between the plan who have attained the applicable age as described in Code -38- Instructions for Schedule DCG (Form 5500) |
section 401(a)(9)(C)(v) and have retired or separated from during the plan year. A transfer of assets or liabilities occurs service; see Code section 401(a)(9). Include in this amount the when there is a reduction of assets or liabilities with respect to total of any outstanding amounts that were not paid when due one plan and the receipt of these assets or the assumption of in previous years that have continued to remain unpaid. these liabilities by another plan. Enter the name, plan sponsor Note: In the absence of other guidance, filers do not need to EIN, and plan number of the transferee plan(s) involved on report on this line unpaid required minimum distribution (RMD) lines 10a, 10b, and 10c, respectively. amounts for participants who have retired or separated from Do not use a SSN in place of an EIN or include an service, or their beneficiaries, who cannot be located after attachment that contains visible SSN. reasonable efforts or where the plan is in the process of Note. A distribution of all or part of an individual participant’s engaging in such reasonable efforts at the end of the plan year account balance that is reportable on Form 1099-R should not reporting period. Plan administrators and employers should be included on line 10. review their plan documents for written procedures on locating missing participants. Although the Department of Labor’s Field IRS Form 5310-A, Notice of Plan Merger or Assistance Bulletin 2014- 01 is specifically applicable to Consolidation, Spinoff, or Transfer of Plan Assets or terminated defined contribution plans, employers and plan Liabilities; Notice of Qualified Separate Lines of Business, administrators of ongoing plans may want to consider must be filed at least 30 days before any plan merger or periodically using one or more of the search methods consolidation or any transfer of plan assets or liabilities to described in the Field Assistance Bulletin in connection with another plan. There is a penalty for not filing IRS Form 5310-A making reasonable efforts to locate RMD-eligible missing on time. participants. Line 11. Check “Yes” if this is a defined contribution plan Line 9d. Plans that check “Yes” must enter the aggregate subject to the minimum funding requirements of Code section amount of fidelity bond coverage for all claims. Check ‘‘Yes’’ 412. only if the plan itself (as opposed to the plan sponsor or Line 12a. Check “Yes” if this plan was permissively administrator) is a named insured under a fidelity bond from an aggregated with another plan to satisfy the requirements of approved surety covering plan officials and that protects the Code sections 410(b) and 401(a)(4). Generally, each single plan from losses due to fraud or dishonesty as described in 29 plan must separately satisfy the coverage and CFR Part 2580. Generally, every plan official of an employee nondiscrimination requirements. However, generally, an benefit plan who ‘‘handles’’ funds or other property of such employer may designate two or more separate plans as a plan must be bonded. Generally, a person shall be deemed to single plan for purposes of applying the ratio percentage test of be ‘‘handling’’ funds or other property of a plan, so as to Treasury Regulations section 1.410(b)-2(b)(2) or the require bonding, whenever their duties or activities with respect nondiscriminatory classification test of Treasury Regulations to given funds are such that there is a risk that such funds section 1.410(b)-4. Two or more plans that are permissively could be lost in the event of fraud or dishonesty on the part of aggregated and treated as a single plan for purposes of the such person, acting either alone or in collusion with others. minimum coverage test of Code section 410(b) must also be ERISA Section 412 and 29 CFR Part 2580 describe the treated as a single plan for purpose of the nondiscrimination bonding requirements, including the definition of “handling” (29 test under Code section 401(a)(4). CFR 2580.412-6), the permissible forms of bonds (29 CFR See Treasury Regulations sections 1.410(b)-7(d) and 2580.412-10), the amount of the bond (29 CFR Part 2580, 1.401(a)(4)-(9)(a) for more information. subpart C), and certain exemptions such as the exemption for Line 12b. Check the applicable method used to satisfy the unfunded plans, certain banks and insurance companies nondiscrimination requirements of Code section 401(k). A safe (ERISA section 412), and the exemption allowing plan officials harbor 401(k) plan is similar to a traditional 401(k) plan but, to purchase bonds from surety companies authorized by the among other things, it must provide for employer contributions. Secretary of the Treasury as acceptable reinsurers on federal These contributions may be employer matching contributions, bonds (29 CFR 2580.412-23). Information concerning the list limited to employees who defer, or employer contributions of approved sureties and reinsurers is available on the Internet made on behalf of all eligible employees, regardless of at www.fms.treas.gov/c570. For more information on the whether they make elective deferrals. The safe harbor 401(k) fidelity bonding requirements, see Field Assistance Bulletin plan is not subject to the complex annual nondiscrimination 2008-04, available on the Internet at www.dol.gov/ebsa. tests that apply to traditional 401(k) plans. Note. Plans are permitted under certain conditions to purchase Check “Design-based safe harbor method” if this is a safe fiduciary liability insurance. These fiduciary liability insurance harbor 401(k) plan, that is, a SIMPLE 401(k) plan under Code policies are not written specifically to protect the plan from section 401(k)(11), a safe harbor 401(k) plan under Code losses due to dishonest acts and cannot be reported as fidelity section 401(k)(12), or a qualified automatic contribution bonds on line 4e. arrangement under Code section 401(k)(13). If the plan, by its Line 9e. Check ‘‘Yes,’’ if the plan suffered or discovered any terms, does not satisfy the safe harbor method, it generally loss as a result of any dishonest or fraudulent act(s) even if the must satisfy the regular nondiscrimination test, known as the loss was reimbursed by the plan’s fidelity bond or from any actual deferral percentage (ADP) test. Check the appropriate other source. If ‘‘Yes’’ is checked enter the full amount of the box to indicate if the plan uses the “current year” ADP test or loss. If the full amount of the loss has not yet been determined, the “prior year” ADP test. Check “current year” ADP test if the provide an estimate and disclose that the figure is an estimate plan uses the current year testing method under which the as determined in good faith by a plan fiduciary. You must keep, ADP test is performed by comparing the current plan year’s in accordance with ERISA section 107, records showing how ADP for highly compensated employees (HCEs) with the the estimate was determined. current plan year’s (rather than the prior plan year’s) ADP for Willful failure to report is a criminal offense. See ERISA nonhighly compensated employees (NHCEs). Check all boxes section 501. that apply for a plan that tests different groups of employees Line 10. Enter information concerning assets and/or liabilities on a disaggregated basis. Check “N/A” if the plan is not transferred from this plan to another plan(s) (including spinoffs) required to test for nondiscrimination under Code section Instructions for Schedule DCG (Form 5500) -39- |
401(k)(3), such as a plan in which no HCE is benefiting. or federal agency provided that the statements or information Line 13. If a plan sponsor or an employer adopted a pre- are prepared by and certified to by the bank or similar approved plan that relied on a favorable Opinion Letter of a institution or the insurance carrier. The term ‘‘similar institution’’ Pre-approved Plan, enter the date of the most recent favorable as used here does not extend to securities brokerage firms Opinion Letter issued by the IRS and the Opinion Letter serial (see DOL Advisory Opinion 93-21A). Under 29 CFR 2520.103- number listed on the letter. A “Pre-approved Plan” is a plan 12, an audit of an employee benefit plan does not need extend approved by the IRS with a favorable Opinion Letter that is to the investments in a pooled investment fund that files a made available by a Provider for adoption by employers, separate audited Form 5500 as a 103-12 IE. For more including a standardized plan or a nonstandardized plan. A information on filing requirements for 103-12 IEs, see Section Pre-approved Plan may utilize either of two forms: a basic plan 4: What to File. Neither of these regulations exempt the plan document with an adoption agreement or a single plan administrator from engaging an IQPA nor from attaching the document. The employer is permitted to make minor IQPA’s report to the Schedule DCG. modifications to the plan. An “Adopting Employer” is an Line 14a(2). Check if a qualified opinion was issued. employer that adopts a Pre-approved Plan offered by a Generally, a qualified opinion is issued by an IQPA when (a) Provider, including a plan that is word-for-word identical to, or the IQPA, having obtained sufficient appropriate audit a minor modification of, a plan of a Mass Submitter. If a plan evidence, concludes that misstatements, individually or in the was modified in such a way that negates the Opinion Letter, aggregate, are material but not pervasive to the financial then the plan sponsor is now no longer an Adopting Employer statements or (b) the IQPA is unable to obtain sufficient of a Pre-approved Plan, and the plan is treated as an appropriate audit evidence on which to base the opinion, but individually designed plan. An “Opinion Letter” is a written the auditor concludes that the possible effects on the financial statement issued by the IRS to a Provider or Mass Submitter statements of undetected misstatements, if any, could be as an opinion on the qualification in form of a plan under Code material but not pervasive. section 401(a), Code section 403(a), or both Code sections Line 14a(3). Check if a disclaimer of opinion was issued. A 401(a) or 403(a) and 4975(e)(7). See Revenue Procedure disclaimer of opinion is issued when the IQPA is unable to 2017-41 for more information. The Opinion Letter serial obtain sufficient appropriate audit evidence on which to base number is a unique combination of a capital letter and a series the opinion, and the IQPA concludes that the possible effects of six numbers assigned to each Opinion Letter. on the financial statements of undetected misstatements, if Part VII – Accountant’s Opinion Information for any, could be both material and pervasive. Large Participating Plans Line 14a(4). Check if the plan received an adverse Line 14. Each defined contribution plan participating in a DCG accountant’s opinion. Generally, an adverse opinion is issued determines the number of plan participants used to determine by an IQPA when the IQPA having obtained sufficient “large plan” or “small plan” status by counting plan participants appropriate audit evidence, concludes that misstatements, at the individual plan level using information on participants individually or in the aggregate, are both material and with account balances reported on lines 5d(1) and 5d(2) of pervasive to the financial statements. Schedule DCG, including the “80 to 120” rule at 29 CFR Line 14b. Check “DOL Regulation 2520.103-8” or “DOL 2520.103-1(d). See Section 4: What to File. Regulation 2520.103-12(d)” (or both boxes, if applicable) if the A DCG participating plan must be audited and an IQPA IQPA performed an ERISA section 103(a)(3)(C) audit of the report and audited financial statements for such plan must be plan’s financial statements pursuant to DOL regulations 29 attached to the Schedule DCG for that participating plan CFR 2520.103-8, 29 CFR 2520.103-12(d), or under both. If it unless the plan is a small plan (plan that covered fewer than was not performed pursuant to 29 CFR 2520.103-8 or 29 CFR 100 participants with account balances as of the beginning of 2520.103-12(d), check box (3). Note. These regulations do not the plan year) eligible for the waiver of the annual examination exempt the plan administrator from engaging an IQPA or from and report of an IQPA under 29 CFR 2520.104-46. The audit attaching the IQPA’s report to the Schedule DCG. If you check and its report must follow the same rules as required for a plan box 103-8 or 103-12(d) or both, you must also check the that is filing its own Form 5500 Annual Return/Report and not appropriate box on line 14a to identify the type of opinion having any of its reporting obligations satisfied by the filing of a offered by the IQPA. Form 5500 by a DCG. See Instructions to Schedule H, line 3. Line 14c. Enter the name and EIN of the accountant (or Line 14a. These boxes identify the type of opinion offered by accounting firm) in the space provided on line 14c. Do not use the IQPA. The plan administrator should confirm with the IQPA a SSN or any portion thereof in lieu of an EIN. The Schedule whether the opinion was an unmodified, qualified, disclaimer DCG is open to public inspection, and the contents are public of, or adverse opinion before answering line 14a. information and are subject to publication on the Internet. Because of privacy concerns, the inclusion of a SSN or any Line 14a(1). Check if an unmodified opinion was issued portion thereof on this Schedule DCG may result in the pursuant to SAS 136. Generally, an unmodified opinion is rejection of the filing. issued when the IQPA concludes that the plan’s financial statements are presented fairly, in all material respects, in accordance with the applicable financial reporting framework (generally accepted accounting principles (GAAP) or another basis such as modified cash or cash basis). This also includes the form of opinion that SAS 136 permits an IQPA to issue when the IQPA has performed an ERISA section 103(a)(3)(C) audit pursuant to 29 CFR 2520.103-8 or 29 CFR 2520.103-12, or both, and had no modifications. Under 29 CFR 2520.103-8, the examination and report of an IQPA does not need to extend to statements or information regarding assets held by a bank, similar institution, or insurance carrier that is regulated and supervised and subject to periodic examination by a state -40- Instructions for Schedule DCG (Form 5500) |
Provide, on a separate attachment, an explanation of what steps have been taken or will be taken to collect overdue amounts for each loan listed and label the attachment 2023 Instructions for Schedule G “Schedule G, Part I – Overdue Loan Explanation.” (Form 5500) The due date, payment amount, and conditions for Financial Transaction Schedules determining default in the case of a note or loan are usually contained in the documents establishing the note or loan. A loan is in default when the borrower is unable to pay the General Instructions obligation upon maturity. Obligations that require periodic Who Must File repayment can default at any time. Generally, loans and fixed Schedule G (Form 5500) must be attached to a Form 5500 income obligations are considered uncollectible when payment filed for a large plan, MTIA, 103-12 IE, DCG or GIA to report has not been made and there is little probability that payment loans or fixed income obligations in default or determined to be will be made. A fixed income obligation has a fixed maturity uncollectible as of the end of the plan year, leases in default or date at a specified interest rate. classified as uncollectible, and nonexempt transactions. Do not report in Part I participant loans under an individual Check the Schedule G box on the Form 5500 (Part II, line account plan with investment experience segregated for each 10b(6)) if a Schedule G is attached to the Form 5500. account, that are made in accordance with 29 CFR 2550.408b- Complete as many entries as necessary to report the required 1, and that are secured solely by a portion of the participant’s information. vested accrued benefit. Report all other participant loans in default or classified as uncollectible on Part I, and list each The Schedule G consists of three parts. Part I of the such loan individually. Schedule G reports any loans or fixed income obligations in default or determined to be uncollectible as of the end of the Part II – Leases in Default or Classified as plan year. Part II of the Schedule G reports any leases in Uncollectible default or classified as uncollectible. Part III of the Schedule G List any leases in default or classified as uncollectible. A lease reports nonexempt transactions. is an agreement conveying the right to use property, plant, or Note. In the case of a DCG, report the required information for equipment for a stated period. A lease is in default when the all the plans in the DCG, including identifying information for required payment(s) has not been made. An uncollectible the specific individual plan as provided below. lease is one where the required payments have not been made and for which there is little probability that payment will Specific Instructions be made. Provide, on a separate attachment, an explanation of Lines A, B, C, and D. This information must be the same as what steps have been taken or will be taken to collect overdue reported in Part II of the Form 5500 to which this Schedule G is amounts for each lease listed and label the attachment attached. “Schedule G, Part II – Overdue Lease Explanation.” Do not use a social security number in line D in lieu of an For a DCG, include in the description in element (d) the EIN. The Schedule G and its attachments are open to public name of the plan or plans involved, the EIN(s) and plan inspection, and the contents are public information and are number(s). This information must be the same as the subject to publication on the internet. Because of privacy information reported on Part III of Schedule DCG. concerns, the inclusion of a social security number or any Part III – Nonexempt Transactions portion thereof on this Schedule G or any of its attachments may result in the rejection of the filing. All nonexempt party-in-interest transactions must be reported, regardless of whether disclosed in the accountant’s report, You can apply for an EIN from the IRS online, by fax, or by unless the nonexempt transaction is: mail depending on how soon you need to use the EIN. For more information, see Section 3: Electronic Filing Requirement 1. Statutorily exempt under Part 4 of Title I of ERISA; under General Instructions to Form 5500. The EBSA does not 2. Administratively exempt under ERISA section 408(a); issue EINs. 3. Exempt under Code sections 4975(c) or 4975(d); 4. The holding of participant contributions in the employer’s Part I – Loans or Fixed Income Obligations in Default general assets for a welfare plan that meets the conditions of or Classified as Uncollectible ERISA Technical Release 92-01; List all loans or fixed income obligations in default or 5. A transaction of a 103-12 IE with parties other than determined to be uncollectible as of the end of the plan year or the plan; or the fiscal year of the GIA, MTIA, DCG or 103-12 IE. Include: 6. A delinquent participant contribution or a delinquent Obligations where the required payments have not been participant loan repayment reported on Schedule H, line 4a. made by the due date; Note. In the case of a DCG, include in the description in Fixed income obligations that have matured, but have not element (c) the plan in the DCG, the name of the plan or plans been paid, for which it has been determined that payment will involved, EIN(s) and plan number(s). This information must be not be made; and the same as the information reported on Part III of Schedule Loans that were in default even if renegotiated later during DCG. the year. Nonexempt transactions with a party-in-interest include Note. Check box (a) and identify in element (b) each obligor any direct or indirect: known to be a party-in-interest to the plan. For a DCG, include A. Sale or exchange, or lease, of any property between the in the description in element (c) the name of the plan or plans plan and a party-in-interest. involved, EIN(s) and plan number(s). This information must be B. Lending of money or other extension of credit between the same as the information reported on Part III of Schedule the plan and a party-in-interest. DCG. C. Furnishing of goods, services, or facilities between the plan and a party-in-interest. Instructions for Schedule G (Form 5500) -41- |
D. Transfer to, or use by or for the benefit of, a party-in- indirectly, of a person described in B, C, D, E, or G, or of the interest, of any income or assets of the plan. employee benefit plan; or E. Acquisition, on behalf of the plan, of any employer I. A 10% or more (directly or indirectly in capital or profits) security or employer real property in violation of ERISA partner or joint venture of a person described in B, C, D, E, section 407(a). or G. F. Dealing with the assets of the plan for a fiduciary’s own An unfunded, fully insured, or combination interest or own account unfunded/insured welfare plan with 100 or more G. Acting in a fiduciary’s individual or any other capacity in participants exempt under 29 CFR 2520.104-44 from any transaction involving the plan on behalf of a party (or completing Schedule H must still complete Schedule G, Part represent a party) whose interests are adverse to the III, to report nonexempt transactions. interests of the plan or the interests of its participants or beneficiaries. A plan that is required to file a Form M-1, Report for Multiple- H. A receipt of any consideration for their own personal Employer Welfare Arrangements (MEWAs) and Certain account by a party-in-interest who is a fiduciary from any Entities Claiming Exception (ECEs), but that is not required to party dealing with the plan in connection with a transaction file the Schedule I because it has fewer than 100 participants involving the income or assets of the plan. and meets the requirements of 29 CFR 2520.104-44, also For purposes of this form, party-in-interest is deemed to must complete Schedule G, Part III, to report nonexempt include a disqualified person. See Code section 4975(e)(2). transactions. The term ‘‘party-in-interest’’ means, as to an employee If you are unsure whether a transaction is exempt or not, you benefit plan: should consult with either the plan’s independent qualified A. Any fiduciary (including, but not limited to, any public accountant or legal counsel or both. administrator, officer, trustee or custodian), counsel, or You may indicate that an application for an administrative employee of the plan; exemption is pending. B. A person providing services to the plan; If the plan is a qualified pension plan and a nonexempt C. An employer, any of whose employees are covered by prohibited transaction occurred with respect to a disqualified the plan; person, an IRS Form 5330, Return of Excise Taxes Related to D. An employee organization, any of whose members are Employee Benefit Plans, is required to be filed with the IRS to covered by the plan; pay the excise tax on the transaction. E. An owner, direct or indirect, of 50% or more of: (1) the The DOL Voluntary Fiduciary Correction Program combined voting power of all classes of stock entitled to vote (VFCP) describes how to apply, the specific or the total value of shares of all classes of stock of a transactions covered (which transactions include delinquent corporation, (2) the capital interest or the profits interest of a participation contributions to pension and welfare plans), and partnership, or (3) the beneficial interest of a trust or acceptable methods for correcting violations. In addition, unincorporated enterprise that is an employer or an applicants that satisfy both the VFCP requirements and the employee organization described in C or D; conditions of Prohibited Transaction Exemption (PTE) 2002-51 F. A relative of any individual described in A, B, C, or E; are eligible for immediate relief from payment of certain G. A corporation, partnership, or trust or estate of which (or prohibited excise taxes for certain corrected transactions and in which) 50% or more of: (1) the combined voting power of are also relieved from the obligation to file the Form 5330 with all classes of stock entitled to vote or the total value of the IRS. For more information, see 71 Fed. Reg. 20261 (Apr. shares of all classes of stock of such corporation, (2) the 19, 2006) and 71 Fed. Reg. 20135 (Apr. 19, 2006). If capital interest or profits interest of such partnership, or (3) conditions of PTE 2002-51 are satisfied, corrected transactions the beneficial interest of such trust or estate is owned should be treated as exempt under Code section 4975(c) for directly or indirectly, or held by, persons described in A, B, the purposes of answering Schedule G, Part III. Information C, D, or E; about the VFCP is also available on the internet at H. An employee, officer, director (or individual having www.dol.gov/ebsa. powers or responsibilities similar to those of officers or directors), or a 10% or more shareholder, directly or -42- Instructions for Schedule G (Form 5500) |
or PSA and expenses that were subtracted from the gross 2023 Instructions for Schedule H income of the CCT or PSA in determining their net investment (Form 5500) gain (loss). Instead, enter the CCT or PSA net gain (loss) on line 2b(6) or (7) in accordance with the instructions for these Financial Information lines. General Instructions If assets of one plan are maintained in two or more trust Who Must File funds, report the combined financial information in Parts I and II. Schedule H (Form 5500) must be attached to a Form 5500 filed Current value means fair market value where available. for a pension benefit plan or a welfare benefit plan that covered Otherwise, it means the fair value as determined in good faith 100 or more participants as of the beginning of the plan year under the terms of the plan by a trustee or a named fiduciary, and a Form 5500 filed for an MTIA, CCT, PSA, 103-12 IE, DCG assuming an orderly liquidation at time of the determination. or GIA. See the instructions to the Form 5500 in Section 4: See ERISA section 3(26). Direct Filing Entity (DFE) Filing Requirements. Note. For the 2023 plan year, plans that provide participant- Exceptions: (1) Fully insured, unfunded, or a combination of directed brokerage accounts as an investment alternative (and unfunded/insured welfare plans and fully insured pension plans have entered pension feature code ‘‘2R’’ on line 8a of the Form that meet the requirements of 29 CFR 2520.104-44 are exempt 5500) may report investments in assets made through from completing the Schedule H. (2) If a Schedule I was filed for participant-directed brokerage accounts either: the plan for the 2022 plan year or a Form 5500-SF and the plan 1. As individual investments on the applicable asset and covered fewer than 121 participants as of the beginning of the liability categories in Part I and the income and expense 2023 plan year, the Schedule I may be completed instead of a categories in Part II, or Schedule H. See What To File. If eligible, such a plan may file 2. By including on line 1c(15) the total aggregate value of the the Form 5500-SF instead of the Form 5500 and its schedules, assets and on line 2c the total aggregate investment income including the Schedule I. See Instructions for Form 5500-SF. (3) (loss) before expenses, provided the assets are not loans, Plans that file a Form 5500-SF for the 2023 plan year are not partnership or joint-venture interests, real property, employer required to file a Schedule H for that year. securities, or investments that could result in a loss in excess of Check the Schedule H box on the Form 5500 (Part II, line the account balance of the participant or beneficiary who 10b(1)) if a Schedule H is attached to the Form 5500. Do not directed the transaction. Expenses charged to the accounts attach both a Schedule H and a Schedule I to the same Form must be reported on the applicable expense line items. 5500. Participant-directed brokerage account assets reported in the aggregate on line 1c(15) should be treated as one asset held for Note. DCGs report Schedule H information collectively for all investment for purposes of the line 4i schedules, except that plans in the DCG, except as otherwise provided in the annual investments in tangible personal property must continue to be reporting regulations or the instructions below. reported as separate assets on the line 4i schedules. Specific Instructions In the event that investments made through a Lines A, B, C, and D. This information must be the same as participant-directed brokerage account are loans, partnership or reported in Part II of the Form 5500 to which this Schedule H is joint venture interests, real property, employer securities, or attached. investments that could result in a loss in excess of the account balance of the participant or beneficiary who directed the Do not use a social security number in line D in lieu of an transaction, such assets must be broken out and treated as EIN. The Schedule H and its attachments are open to public separate assets on the applicable asset and liability categories inspection, and the contents are public information and are in Part I, income and expense categories in Part II, and on the subject to publication on the Internet. Because of privacy line 4i schedules. The remaining assets in the participant- concerns, the inclusion of a social security number or any directed brokerage account may be reported in the aggregate portion thereof on this Schedule H or any of its attachments may as set forth in paragraph 2 above. result in the rejection of the filing. Columns (a) and (b). Enter the current value on each line as of You can apply for an EIN from the IRS online, by fax, or by the beginning and end of the plan year. mail depending on how soon you need to use the EIN. For more information, see Section 3: Electronic Filing Note. Amounts reported in column (a) must be the same as Requirement under General Instructions to Form 5500. The reported for the end of the plan year for corresponding line EBSA does not issue EINs. items of the return/report for the preceding plan year. Do not include contributions designated for the 2023 plan year in Part I – Asset and Liability Statement column (a). Note. The cash, modified cash, or accrual basis may be used Line 1a. Total noninterest bearing cash includes, among other for recognition of transactions in Parts I and II, as long as you things, cash on hand or cash in a noninterest bearing checking use one method consistently. Round off all amounts reported account. on the Schedule H to the nearest dollar. Any other amounts are subject to rejection. Check all subtotals and totals carefully. Line 1b(1). Noncash basis filers must include contributions due the plan by the employer but not yet paid. Do not include other If the assets of two or more plans are maintained in a fund or amounts due from the employer such as the reimbursement of account that is not a DFE, a registered investment company, or an expense or the repayment of a loan. the general account of an insurance company under an unallocated contract (see the instructions for lines 1c(9) through Line 1b(2). Noncash basis filers must include contributions 1c(14)), complete Parts I and II of the Schedule H by entering withheld by the employer from participants and amounts due the plan’s allocable part of each line item. directly from participants that have not yet been received by the plan. Do not include the repayment of participant loans. Exception. When completing Part II of the Schedule H for a plan or DFE that participates in a CCT or PSA for which a Form Line 1b(3). Noncash basis filers must include amounts due to 5500 has not been filed, do not allocate the income of the CCT the plan that are not includable in lines 1b(1) or 1b(2). These Instructions for Schedule H (Form 5500) -43- |
amounts may include investment income earned but not yet 1. Under the plan, the participant loan is treated as a received by the plan and other amounts due to the plan such as directed investment solely of the participant’s individual account; amounts due from the employer or another plan for expense and reimbursement or from a participant for the repayment of an 2. As of the end of the plan year, the participant is not overpayment of benefits. continuing repayment under the loan. Line 1c(1). Include all assets that earn interest in a financial If both of these circumstances apply, report the loan as a institution account such as interest bearing checking accounts, deemed distribution on line 2g. However, if either of these passbook savings accounts, or in money market accounts. circumstances does not apply, the current value of the Line 1c(2). Include securities issued or guaranteed by the U.S. participant loan (including interest accruing thereon after the Government or its designated agencies such as U.S. Savings deemed distribution) must be included in column (b) without Bonds, Treasury Bonds, Treasury Bills, FNMA, and GNMA. regard to the occurrence of a deemed distribution. Line 1c(3). Include investment securities (other than employer Note. After a participant loan that has been deemed distributed securities defined below in line 1d(1)) issued by a corporate is reported on line 2g, it is no longer to be reported as an asset entity at a stated interest rate repayable on a particular future on Schedule H or Schedule I unless, in a later year, the date such as most bonds, debentures, convertible debentures, participant resumes repayment under the loan. However, such a commercial paper and zero coupon bonds. Do not include debt loan (including interest accruing thereon after the deemed securities of governmental units that should be reported on line distribution) that has not been repaid is still considered 1c(2) or 1c(15). outstanding for purposes of applying Code section 72(p)(2)(A) to determine the maximum amount of subsequent loans. Also, ‘‘Preferred’’ means any of the above securities that are the deemed distribution is not treated as an actual distribution publicly traded on a recognized securities exchange and the for other purposes, such as the qualification requirements of securities have a rating of ‘‘A’’ or above. If the securities are not Code section 401, including, for example, the determination of ‘‘Preferred,’’ they are listed as ‘‘Other.’’ top-heavy status under Code section 416 and the vesting Line 1c(4)(A). Include stock issued by corporations (other than requirements of Treasury Regulations section 1.411(a)-7(d)(5). employer securities defined in line 1d(1) below) which is See Q&As 12 and 19 of Treasury Regulations section 1.72(p)-1. accompanied by preferential rights such as the right to share in The entry on line 1c(8), column (b), of Schedule H distributions of earnings at a higher rate or which has general (participant loans - end of year) or on line 1a, column (b), of priority over the common stock of the same entity. Include the Schedule I (plan assets - end of year) must include the current value of warrants convertible into preferred stock. value of any participant loan that was reported as a deemed Line 1c(4)(B). Include any stock (other than employer securities distribution on line 2g for any earlier year if the participant defined in line 1d(1)) that represents regular ownership of the resumes repayment under the loan during the plan year. In corporation and is not accompanied by preferential rights. addition, the amount to be entered on line 2g must be reduced Include the value of warrants convertible into common stock. by the amount of the participant loan that was reported as a Line 1c(5). Include the value of the plan’s participation in a deemed distribution on line 2g for the earlier year. partnership or joint venture if the underlying assets of the Lines 1c(9), (10), (11), and (12). Enter the total current value of partnership or joint venture are not considered to be plan assets the plan’s or DFE’s interest in DFEs on the appropriate lines as under 29 CFR 2510.3-101. Do not include the value of a plan’s of the beginning and end of the plan or DFE year. The value of interest in a partnership or joint venture that is a 103-12 the plan’s or DFE’s interest in each DFE at the end of the plan Investment Entity (103-12 IE). Include the value of a 103-12 IE or DFE year must be reported on the Schedule D (Form 5500). in line 1c(12). The plan’s or DFE’s interest in common/collective trusts (CCTs) Line 1c(6). Include the current value of both income and non- and pooled separate accounts (PSAs) for which a DFE income producing real property owned by the plan. Do not Form 5500 has not been filed may not be included on include the value of property that is employer real property or lines 1c(9) or 1c(10). The plan’s or DFE’s interest in the property used in plan operations that must be reported on lines underlying assets of such CCTs and PSAs must be allocated 1d and 1e, respectively. and reported in the appropriate categories on a line-by-line Line 1c(7). Enter the current value of all loans made by the basis on Part I of the Schedule H. plan, except participant loans reportable on line 1c(8). Include Note. For reporting purposes, a separate account that is not the sum of the value of loans for construction, securities loans, considered to be holding plan assets pursuant to 29 CFR commercial and/or residential mortgage loans that are not 2510.3-101(h)(1)(iii) does not constitute a PSA. subject to Code section 72(p) (either by making or participating Line 1c(13). A registered investment company is an investment in the loans directly or by purchasing loans originated by a third company registered under the Investment Company Act of party), and other miscellaneous loans. 1940. These are mutual funds (legally known as open-end Line 1c(8). Enter the current value of all loans to participants companies), closed-end funds (legally known as closed-end including residential mortgage loans that are subject to Code companies), and UITs (legally known as unit investment trusts). section 72(p). Include the sum of the value of the unpaid Line 1c(14). Use the same method for determining the value of principal balances, plus accrued but unpaid interest, if any, for the insurance contracts reported here as you used for line 4 of participant loans made under an individual account plan with Schedule A, or, if line 4 is not required, line 7 of Schedule A. investment experience segregated for each account, that are Line 1c(15). Include all other investments not includable in lines made in accordance with 29 CFR 2550.408b-1 and secured 1c(1) through (14), such as options, index futures, state and solely by a portion of the participant’s vested accrued benefit. municipal securities, collectibles, and other personal property. When applicable, combine this amount with the current value of any other participant loans. Do not include in column (b) a Line 1d(1). An employer security is any security issued by an participant loan that has been deemed distributed during the employer (including affiliates) of employees covered by the plan. plan year under the provisions of Code section 72(p) and These may include common stocks, preferred stocks, bonds, Treasury Regulations section 1.72(p)-1, if both of the following zero coupon bonds, debentures, convertible debentures, notes circumstances apply: and commercial paper. -44- Instructions for Schedule H (Form 5500) |
Line 1d(2). The term ‘‘employer real property’’ means real Line 2b(1)(C). Generally, this is the interest earned on property (and related personal property) that is leased to an securities that are reported on lines 1c(3)(A) and (B) and 1d(1). employer of employees covered by the plan, or to an affiliate of Line 2b(2). Generally, the dividends are for investments such employer. For purposes of determining the time at which a reported on lines 1c(4)(A) and (B), 1c(13), and 1d(1). For plan acquires employer real property for purposes of this line, accrual basis plans, include any dividends declared for stock such property shall be deemed to be acquired by the plan on held on the date of record, but not yet received as of the end of the date on which the plan acquires the property or on the date the plan year. on which the lease to the employer (or affiliate) is entered into, whichever is later. Line 2b(3). Generally, rents represent the income earned on the real property that is reported in lines 1c(6) and 1d(2). Enter Line 1e. Include the current (not book) value of the buildings rents as a ‘‘Net’’ figure. Net rents are determined by taking the and other property used in the operation of the plan. Buildings total rent received and subtracting all expenses directly or other property held as plan investments should be reported in associated with the property. If the real property is jointly used 1c(6) and 1d(2). as income producing property and for the operation of the plan, Do not include the value of future pension payments on lines net that portion of the expenses attributable to the income 1g, h, i, j, or k. producing portion of the property against the total rents Line 1g. Noncash basis plans must include the total amount of received. benefit claims that have been processed and approved for Line 2b(4). Enter in column (b), the total of net gain (loss) on payment by the plan. Include welfare plan ‘‘incurred but not sale of assets. This equals the sum of the net realized gain (or reported’’ (IBNR) benefit claims on this line. loss) on each asset held at the beginning of the plan year which Line 1h. Noncash basis plans must include the total amount of was sold or exchanged during the plan year, and on each asset obligations owed by the plan which were incurred in the normal that was both acquired and disposed of within the plan year. operations of the plan and have been approved for payment by Note. As current value reporting is required for the Form 5500, the plan but have not been paid. assets are revalued to current value at the end of the plan year. Line 1i. ‘‘Acquisition indebtedness,’’ for debt-financed property For purposes of this form, the increase or decrease in the value other than real property, means the outstanding amount of the of assets since the beginning of the plan year (if held on the first principal debt incurred: day of the plan year) or their acquisition date (if purchased during the plan year) is reported in line 2b(5) below, with two 1. By the organization in acquiring or improving the exceptions: (1) the realized gain (or loss) on each asset that property; was disposed of during the plan year is reported in line 2b(4) 2. Before the acquisition or improvement of the property if (NOT on line 2b(5)), and (2) the net investment gain (or loss) the debt was incurred only to acquire or improve the property; or from CCTs, PSAs, MTIAs, 103-12 IEs, and registered 3. After the acquisition or improvement of the property if the investment companies is reported in lines 2b(6) through (10). debt was incurred only to acquire or improve the property and was reasonably foreseeable at the time of such acquisition or The sum of the realized gain (or loss) of assets sold or improvement. For further explanation, see Code section 514(c). exchanged during the plan year is to be calculated as follows: Line 1j. Noncash basis plans must include amounts owed for 1. Enter in line 2b(4)(A), column (a), the sum of the amount any liabilities that would not be classified as benefit claims received for these former assets; payable, operating payables, or acquisition indebtedness. 2. Enter in line 2b(4)(B), column (a), the sum of the current value of these former assets as of the beginning of the plan year Line 1l. Enter the net assets as of the beginning and end of the and the purchase price for assets both acquired and disposed of plan year (Subtract line 1k from line 1f.) The entry in column (b) during the plan year; and must equal the sum of the entry in column (a) plus lines 2k and 3. Enter in 2b(4) (C), column (b), the result obtained when 2l(1), minus 2l(2). 2b(4)(B) is subtracted from 2b(4)(A). If entering a negative Part II – Income and Expense Statement number, enter a minus sign “–” to the left of the number. Line 2a. Include the total cash contributions received and/or (for Note. Bond write-offs should be reported as realized losses. accrual basis plans) due to be received. Line 2b(5). Subtract the current value of assets at the beginning Note. Plans using the accrual basis of accounting should not of the year plus the cost of any assets acquired during the plan include contributions designated for years before the 2023 plan year from the current value of assets at the end of the year to year on line 2a. obtain this figure. If entering a negative number, enter a minus Line 2a(1)(B). For welfare plans, report all employee sign “–” to the left of the number. Do not include the value of contributions, including all elective contributions under a assets reportable in lines 2b(4) and 2b(6) through 2b(10). cafeteria plan (Code section 125). For pension benefit plans, Lines 2b(6), (7), (8), and (9). Report all earnings, expenses, participant contributions, for purposes of this item, also include gains or losses, and unrealized appreciation or depreciation elective contributions under a qualified cash or deferred included in computing the net investment gain (or loss) from all arrangement (Code section 401(k)). CCTs, PSAs, MTIAs, and 103-12 IEs here. If some plan funds Line 2a(2). Use the current value, at date contributed, of are held in any of these entities and other plan funds are held in securities or other noncash property. other funding media, complete all applicable subitems of line 2 to report plan earnings and expenses relating to the other Line 2b(1)(A). Enter interest earned on interest-bearing cash, funding media. The net investment gain (or loss) allocated to the including earnings from sweep accounts, STIF accounts, money plan for the plan year from the plan’s investment in these market accounts, certificates of deposit, etc. This is the interest entities is equal to: earned on the investments reported on line 1c(1). 1. The sum of the current value of the plan’s interest in each Line 2b(1)(B). Enter interest earned on U.S. Government entity at the end of the plan year, Securities. This is the interest earned on the investments 2. Minus the current value of the plan’s interest in each entity reported on line 1c(2). at the beginning of the plan year, Instructions for Schedule H (Form 5500) -45- |
3. Plus any amounts transferred out of each entity by the must then be included in line 1c(8), column (b), of Schedule H plan during the plan year, and (participant loans - end of year) or in line 1a, column (b), of 4. Minus any amounts transferred into each entity by the Schedule I (plan assets - end of year). plan during the plan year. Although certain participant loans deemed distributed are to Enter the net gain as a positive number or the net loss as a be reported on line 2g of the Schedule H or Schedule I, and are negative number. not to be reported on the Schedule H or Schedule I as an asset Note. Enter the combined net investment gain or loss from all thereafter (unless the participant resumes repayment under the CCTs and PSAs, regardless of whether a DFE Form 5500 was loan in a later year), they are still considered outstanding loans filed for the CCTs and PSAs. and are not treated as actual distributions for certain purposes. See Q&As 12 and 19 of Treasury Regulations section 1.72(p)-1. Line 2b(10). Enter net investment gain (loss) from registered investment companies here. Compute in the same manner as Line 2h. Interest expense is a monetary charge for the use of discussed above for lines 2b(6) through (9), except do not money borrowed by the plan. This amount should include the include dividends reported on line 2b(2)(C). total of interest paid or to be paid (for accrual basis plans) during the plan year. Line 2c. Include all other plan income earned that is not included in line 2a or 2b. Do not include transfers from other plans that Line 2i. Report all administrative expenses (by specified should be reported in line 2l. category) paid by or charged to the plan, including those that were not subtracted from the gross income of CCTs, PSAs, Line 2e(1). Include the current value of all cash, securities, or MTIAs, and 103-12 IEs in determining their net investment other property at the date of distribution. Include all eligible gain(s) or loss(es). Expenses incurred in the general operations rollover distributions as defined in Code section 401(a)(31)(D) of the plan are classified as administrative expenses. paid at the participant’s election to an eligible retirement plan (including an IRA within the meaning of section 401(a)(31)(E)). Include, in the appropriate categories in lines 2i(1)-(11), the total fees paid (or in the case of accrual basis plans, costs Line 2e(2). Include payments to insurance companies and incurred during the plan year but not paid as of the end of the similar organizations such as Blue Cross, Blue Shield, and plan year) by the plan for plan salaries and allowances, contract health maintenance organizations for the provision of plan administrator fees, recordkeeping fees, investment advisory and benefits (e.g., paid-up annuities, accident insurance, health investment management fees, IQPA audit fees, bank or trust insurance, vision care, dental coverage, stop-loss insurance company trustee/custodial fees, actuarial fees, legal fees, whose claims are paid to the plan (or which is otherwise an valuation/appraisal services, other trustee fees, and other asset of the plan)), etc. expenses. Line 2e(3). Include all payments made to other organizations Line 2i(1). Report total salaries and allowances for plan or individuals providing benefits. Generally, these are individual employees in line 2i(1). Include plan expenditures such as providers of welfare benefits such as legal services, day care salaries, other compensation, and allowances and employee services, training, and apprenticeship services. benefits (e.g., payment of premiums to provide health insurance Line 2f. Include on this line all distributions paid during the benefits to plan employees). Amounts paid to plan employees to plan year of excess deferrals under Code section perform recordkeeping/bookkeeping/ accounting and similar 402(g)(2)(A)(ii), excess contributions under Code section functions should be included in line 2i(1). 401(k)(8), and excess aggregate contributions under Code Line 2i(2). Enter the total fees paid (or in the case of accrual section 401(m)(6). Include allocable income distributed. Also basis plans, costs incurred during the plan year but not paid as include on this line any elective deferrals and employee of the end of the plan year) to a contract administrator for contributions distributed or returned to employees during the performing administrative services for the plan. For purposes of plan year, as well as any attributable income that was also the return/report, a contract administrator is any individual, distributed. partnership, or corporation, responsible for managing the Line 2g. Report on line 2g a participant loan that has been clerical operations (e.g., handling membership rosters, claims deemed distributed during the plan year under the provisions of payments, maintaining books and records) of the plan on a Code section 72(p) and Treasury Regulations section 1.72(p)-1 contractual basis. Do not include salaried staff or employees of only if both of the following circumstances apply: the plan or banks or insurance carriers. 1. Under the plan, the participant loan is treated as a Line 2i(3). Include fees for recordkeeping services and other directed investment solely of the participant’s individual account; accounting fees, such as for payroll audits and other audit fees, and paid by the plan. Do not include in line 2i(3) amounts paid to a 2. As of the end of the plan year, the participant is not contract administrator that should be included in line 2i(2) or an continuing repayment under the loan. IQPA for annual audit and related activities that should be If either of these circumstances does not apply, a deemed included in line 2i(4). distribution of a participant loan should not be reported on line Line 2i(4). Enter in line 2i(4) fees paid to an independent 2g. Instead, the current value of the participant loan (including qualified public accountant (IQPA) for the annual audit of the interest accruing thereon after the deemed distribution) must be plan and related activities. included on line 1c(8), column (b) (participant loans – end of Line 2i(5). Enter the total fees paid to an individual, partnership year), without regard to the occurrence of a deemed distribution. or corporation (or other person) for advice to the plan relating to Note. The amount to be reported on line 2g of Schedule H or its investment portfolio. These may include fees paid to manage Schedule I must be reduced if, during the plan year, a the plan’s investments, fees for specific advice on a particular participant resumes repayment under a participant loan reported investment, and fees for the evaluation for the plan’s investment as a deemed distribution on line 2g for any earlier year. The performance. amount of the required reduction is the amount of the participant Line 2i(6). Include bank or trust company trustee/custodial fees. loan reported as a deemed distribution on line 2g for the earlier year. If entering a negative number, enter a minus sign “ – ” to the left of the number. The current value of the participant loan -46- Instructions for Schedule H (Form 5500) |
Line 2i(7). Include fees for actuarial services rendered to the plan’s Schedule DCG. The IQPA report for each plan must be plan, including preparation of Schedules MB or SB, as attached to the Schedule DCG unless the plan is eligible for the applicable. waiver of the annual examination and report of an IQPA under Line 2i(8). Include payments to a lawyer for rendering legal 29 CFR 2520.104-46. See instructions for Part VII of Schedule opinions, litigation, and advice and other legal services to the DCG. plan (but not for providing legal services as a benefit to plan Notes. (1) The Auditing Standards Board’s Statement on participants). Auditing Standards (SAS) 136, Forming an Opinion and Line 2i(9). Include the fee(s) for valuations or appraisals to Reporting on Financial Statements of Employee Benefit Plans determine the cost, quality, or value of an item such as real Subject to ERISA, addresses the IQPA’s responsibility to form property or personal property (gemstones, coins, etc.), and for an opinion on the financial statements of employee benefit plans valuations of closely held securities for which there is no ready subject to ERISA. SAS 136 also addresses the form and market. content of the auditor’s report issued as a result of an audit of an ERISA plan’s financial statements. The SAS applies to audits Line 2i(10). Include the total fees and expenses paid to or on of single-employer, multiple-employer, and multiemployer plans behalf of plan trustees other than bank or trust company fees subject to ERISA. An IQPA Report generally consists of an reported on line 2i(6). Include direct payment by the plan or Accountant’s Opinion, the plan or DFE Financial Statements, reimbursement by the plan to trustees of expenses associated Notes to the Financial Statements, and Supplemental with trustees such as lost time, seminars, travel, meetings, Schedules. educational conferences, etc. 29 CFR 2520.103-1(b) requires that any separate financial Line 2i(11). Enter the total other expenses. Other expenses are statements prepared in order for the IQPA to form the opinion those that cannot be associated definitely with lines 2i(1) and notes to these financial statements must be attached to the through 2i(10). These may include expenses for office supplies Form 5500. Any separate statements must include the and equipment, cars, telephone, postage, rent, expenses information required to be disclosed in Parts I and II of the associated with the ownership of a building used in the Schedule H; however, they may be aggregated into categories operation of the plan, and all miscellaneous expenses. Include in a manner other than that used on the Schedule H. The premium payments to the PBGC when paid from plan assets. separate statements must consist of reproductions of Parts I Line 2i(12). Add all administrative expense amounts in lines and II or statements incorporating by reference Parts I and II. 2i(1) through (11) and enter the total in column (b). See ERISA section 103(a)(3)(A), and the DOL regulations 29 Line 2j. Add all expense amounts in column (b) and enter the CFR 2520.103-1(a)(2) and (b), 2520.103-2, and 2520.104-50. total in column (b). (2) Delinquent participant contributions reported on line 4a Line 2l. Include in these reconciliation figures the value of all should be treated as part of the separate schedules referenced transfers of assets or liabilities into or out of the plan resulting in ERISA section 103(a)(3)(A) and 29 CFR 2520.103-1(b) and from, among other things, mergers and consolidations. A 2520.103-2(b) for purposes of preparing the IQPA’s opinion transfer of assets or liabilities occurs when there is a reduction described on line 3 even though they are no longer required to of assets or liabilities with respect to one plan and the receipt of be listed on Part III of the Schedule G. If the information these assets or the assumption of these liabilities by another contained on line 4a is not presented in accordance with plan. A transfer is not a shifting of one plan’s assets or liabilities regulatory requirements, i.e., when the IQPA concludes that the from one investment to another. A transfer is not a distribution of scheduled information required by line 4a does not contain all all or part of an individual participant’s account balance that is the required information or contains information that is reportable on IRS Form 1099-R, Distributions From Pensions, inaccurate or is inconsistent with the plan’s financial statements, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance the IQPA report must make the appropriate disclosures in Contracts, etc., (see the instructions for line 2e). Transfers out accordance with generally accepted auditing standards. at the end of the year should be reported as occurring during Delinquent participant contributions that are exempt because the plan year. they satisfy the DOL’s Voluntary Fiduciary Correction Program Note. If this Schedule H is filed for a CCT, PSA, MTIA, or 103- (VFCP) requirements and the conditions of prohibited 12 IE, report the value of all asset transfers to the CCT, PSA, transaction exemption (PTE) 2002-51 do not need to be treated MTIA, or 103-12 IE, including those resulting from contributions as part of the schedule of nonexempt party-in-interest to participating plans on line 2l(1), and report the total value of transactions. all assets transferred out of the CCT, PSA, MTIA, or 103-12 IE, If the required IQPA’s report is not attached to the Form including assets withdrawn for disbursement as benefit 5500, the filing is subject to rejection as incomplete and payments by participating plans, on line 2l(2). Contributions and penalties may be assessed. benefit payments are considered to be made to/by the plan (not Lines 3a(1) through 3a(4). These boxes identify the type of to/by a CCT, PSA, MTIA, or 103-12 IE). opinion offered by the IQPA. Part III – Accountant’s Opinion The Plan Administrator should confirm with their IQPA Line 3. The administrator of an employee benefit plan who files whether the opinion was an unmodified, qualified, a Schedule H generally must engage an Independent Qualified disclaimer of, or adverse opinion before answering line 3a. Public Accountant (IQPA) pursuant to ERISA section Line 3a(1). Check if an unmodified opinion was issued 103(a)(3)(A) and 29 CFR 2520.103-1(b). This requirement also pursuant to SAS 136. Generally, an unmodified opinion is applies to a Form 5500 filed for a 103-12 IE and for a GIA (see issued when the IQPA concludes that the plan’s financial 29 CFR 2520.103-12 and 29 CFR 2520.103-2). The IQPA’s statements are presented fairly, in all material respects, in report must be attached to the Form 5500 when a Schedule H is accordance with the applicable financial reporting framework attached unless line 3d(1) or 3d(2) on the Schedule H is (generally accepted accounting principles (GAAP) or another checked. For DCGs, the IQPA requirements are determined at basis such as modified cash or cash basis). This also includes the plan level for each plan participating in the DCG. The the form of opinion that SAS 136 permits an IQPA to issue when Accountant’s Opinion information must be completed on each the IQPA has performed an ERISA section 103(a)(3)(C) audit Instructions for Schedule H (Form 5500) -47- |
pursuant to 29 CFR 2520.103-8 or 29 CFR 2520.103-12, or must be complete and accurate, with all required attachments, both, and had no modifications. except for the IQPA’s report, including an attachment explaining Under 29 CFR 2520.103-8, the examination and report of an why one of the two (2) plan years is of seven (7) or fewer IQPA does not need to extend to statements or information months duration and stating that the annual report for the regarding assets held by a bank, similar institution, or insurance immediately following plan year will include a report of an IQPA carrier that is regulated and supervised and subject to periodic with respect to the financial statements and accompanying examination by a state or federal agency provided that the schedules for both of the two (2) plan years. The Form 5500 for statements or information are prepared by and certified to by the the second year must include: (a) financial schedules and bank or similar institution or the insurance carrier. The term statements for both plan years; (b) a report of an IQPA with ‘‘similar institution’’ as used here does not extend to securities respect to the financial schedules and statements for each of brokerage firms (see DOL Advisory Opinion 93-21A). Under 29 the two (2) plan years (regardless of the number of participants CFR 2520.103-12, an audit of an employee benefit plan does covered at the beginning of each plan year); and (c) a statement not need extend to the investments in a pooled investment fund identifying any material differences between the unaudited that files a separate audited Form 5500 as a 103-12 IE. For financial information submitted with the first Form 5500 and the more information on filing requirements for 103-12 IEs, See audited financial information submitted with the second Form Section 4: What to File. Neither of these regulations exempt the 5500. See 29 CFR 2520.104-50. plan administrator from engaging an IQPA nor from attaching Note. Do not check the box on line 3d(2) if the Form 5500 is the IQPA’s report to the Form 5500. filed for a 103-12 IE or a GIA. A deferral of the IQPA’s opinion is Line 3a(2). Check if a qualified opinion was issued. Generally, not permitted for a 103-12 IE or a GIA. If an “E” or “G” is entered a qualified opinion is issued by an IQPA when (a) the IQPA, on Form 5500, Part I, line A(4), an IQPA’s opinion must be having obtained sufficient appropriate audit evidence, concludes attached to the Form 5500 and the type of opinion must be that misstatements, individually or in the aggregate, are material reported on Schedule H, line 3a. but not pervasive to the financial statements or (b) the IQPA is Part IV – Compliance Questions unable to obtain sufficient appropriate audit evidence on which Lines 4a through 4n. Plans completing Schedule H must to base the opinion, but the auditor concludes that the possible answer all these lines with either ‘‘Yes’’ or ‘‘No.’’ Do not leave effects on the financial statements of undetected misstatements, any answer blank, unless otherwise directed. For lines 4a if any, could be material but not pervasive. through 4h and line 4l, if the answer is “Yes,” an amount must Line 3a(3). Check if a disclaimer of opinion was issued. A be entered. disclaimer of opinion is issued when the IQPA is unable to Report investments in CCTs, PSAs, MTIAs, and 103-12 IEs, obtain sufficient appropriate audit evidence on which to base the but not the investments made by these entities. Plans with all of opinion, and the IQPA concludes that the possible effects on the their funds held in a master trust should check ‘‘No’’ on line 4b, financial statements of undetected misstatements, if any, could 4c, 4i, and 4j. CCTs and PSAs do not complete Part IV. MTIAs, be both material and pervasive. 103-12 IEs, and GIAs do not complete lines 4a, 4e, 4f, 4g, 4h, Line 3a(4). Check if the plan received an adverse accountant’s 4k, 4m, or 4n. 103-12 IEs also do not complete line 4j and 4l. opinion. Generally, an adverse opinion is issued by an IQPA MTIAs also do not complete line 4l. DCGs do not complete lines when the IQPA having obtained sufficient appropriate audit 4e, 4f, 4k, or 4l, and generally complete the rest of Part IV evidence, concludes that misstatements, individually or in the information on a consolidated basis for all individual plans in the aggregate, are both material and pervasive to the financial DCGs, except as otherwise provided. statements. Line 4a. Amounts paid by a participant or beneficiary to an Line 3b. Check “DOL Regulation 2520.103-8” or “DOL employer and/or withheld by an employer for contribution to the Regulation 2520.103-12(d)” (or both boxes, if applicable) if the plan are participant contributions that become plan assets as of IQPA performed an ERISA Section 103(a)(3)(C) audit of the the earliest date on which such contributions can reasonably be plan’s financial statements pursuant to DOL regulations 29 CFR segregated from the employer’s general assets (see 29 CFR 2520.103-8, 29 CFR 2520.103-12(d), or under both. If it was not 2510.3-102). Plans that check “Yes” must enter the aggregate performed pursuant to 29 CFR 2520.103-8 or 29 CFR 2520 amount of all late contributions for the year. The total amount of 103-12(d), check box (3). the delinquent contributions should be included on line 4a of the Note. These regulations do not exempt the plan administrator Schedule H or I, as applicable, for the year in which the from engaging an IQPA or from attaching the IQPA’s report to contributions were delinquent and should be carried over and the Form 5500. If you check box 103-8 or 103-12(d) or both, you reported again on line 4a of the Schedule H or I, as applicable, must also check the appropriate box on line 3a to identify the for each subsequent year until the year after the violation has type of opinion offered by the IQPA. been fully corrected, which correction includes payment of the Line 3c. Enter the name and EIN of the accountant (or late contributions and reimbursement of the plan for lost accounting firm) in the space provided on line 3c. Do not use a earnings or profits. If no participant contributions were received social security number or any portion thereof in lieu of an EIN. or withheld by the employer during the plan year, answer “No.” The Schedule H is open to public inspection, and the contents An employer holding these assets after that date commingled are public information and are subject to publication on the with its general assets will have engaged in a prohibited use of Internet. Because of privacy concerns, the inclusion of a social plan assets (see ERISA section 406). If such a nonexempt security number or any portion thereof on this Schedule H may prohibited transaction occurred with respect to a disqualified result in the rejection of the filing. person (see Code section 4975(e)(2)), file IRS Form 5330, Line 3d(1). Check this box only if the Schedule H is being filed Return of Excise Taxes Related to Employee Benefit Plans, with for a CCT, PSA, DCG or MTIA. the IRS to pay any applicable excise tax on the transaction. Line 3d(2). Check this box if the plan has elected to defer Participant loan repayments paid to and/or withheld by an attaching the IQPA’s opinion for the first of two (2) consecutive employer for purposes of transmittal to the plan that were not plan years, one of which is a short plan year of seven (7) transmitted to the plan in a timely fashion must be reported months or fewer. The Form 5500 for the first of the two (2) years either on line 4a in accordance with the reporting requirements -48- Instructions for Schedule H (Form 5500) |
that apply to delinquent participant contributions or on line 4d. Schedule H Line 4a –Schedule of Delinquent See Advisory Opinion 2002-02A, available at Participant Contributions www.dol.gov/ebsa. Participant Total that Constitutes Nonexempt Total Fully Delinquent participant contributions reported on line 4a Contributions Prohibited Transactions Corrected should be treated as part of the separate schedules referenced Transferred Under Late to Plan VFCP and in ERISA section 103(a)(3)(A) and 29 CFR 2520.103-1(b) and Check here if Contributions Contributions Contributions PTE 2002- 2520.103-2(b) for purposes of preparing the IQPA’s opinion Late Not Corrected Pending 51 described on line 3 even though they are no longer required to Participant Corrected Outside Correction in be listed on Part III of the Schedule G. If the information Loan VFCP VFCP contained on line 4a is not presented in accordance with Repayments regulatory requirements, i.e., when the IQPA concludes that the are included: scheduled information required by line 4a does not contain all the required information or contains information that is inaccurate or is inconsistent with the plan’s financial statements, Line 4b. Plans that check “Yes” must enter the amount and the IQPA report must make the appropriate disclosures in complete Part I of Schedule G. The due date, payment amount accordance with generally accepted auditing standards. For and conditions for determining default of a note or loan are more information, see EBSA’s Frequently Asked Questions usually contained in the documents establishing the note or About Reporting Delinquent Contributions on the Form 5500, loan. A loan by the plan is in default when the borrower is available on the Internet at www.dol.gov/ebsa. These unable to pay the obligation upon maturity. Obligations that Frequently Asked Questions clarify that plans have an obligation require periodic repayment can default at any time. Generally, to include delinquent participant contributions on their financial loans and fixed income obligations are considered uncollectible statements and supplemental schedules and that the IQPA’s when payment has not been made and there is little probability report covers such delinquent contributions even though they that payment will be made. A fixed income obligation has a fixed are not required to be included on Part III of the Schedule G. maturity date at a specified interest rate. Do not include Although all delinquent participant contributions must be participant loans made under an individual account plan with reported on line 4a, delinquent contributions for which the DOL investment experience segregated for each account that were VFCP requirements and the conditions of PTE 2002-51 have made in accordance with 29 CFR 2550.408b-1 and secured been satisfied do not need to be treated as nonexempt party-in- solely by a portion of the participant’s vested accrued benefit. interest transactions. DCGs must identify the plans involved on the Schedule G. See the instructions for the Schedule G for more information. For DCGs, answer “yes” if any plan in the DCG is required to report delinquent participant contributions on the Schedule DCG Line 4c. Plans that check “Yes” must enter the amount and for the plan, and report the total amount reported by all such complete Part II of Schedule G. A lease is an agreement plans on line 4a. DCGs do not need to file a consolidated conveying the right to use property, plant, or equipment for a Schedule H Line 4a-Schedule of Delinquent Participant stated period. A lease is in default when the required Contributions for the DCG. However, plans participating in a payment(s) has not been made. An uncollectible lease is one DCG must report delinquent participant contribution information where the required payments have not been made and for on the plan’s Schedule DCG and a Schedule DCG Line 9a- which there is little probability that payment will be made. DCGs Schedule of Delinquent Participant Contributions must be must identify the plans involved on the Schedule G. See the attached to the Schedule DCG for each plan that is subject to instructions for the Schedule G for more information. an IQPA audit. As described above, the Schedule should be Line 4d. Plans that check “Yes” must enter the amount and treated as part of the separate schedules referenced in ERISA complete Part III of Schedule G. Check ‘‘Yes’’ if any nonexempt section 103(a)(3)(A) and 29 CFR 2520.103-1(b) and 2520.103- transaction with a party-in-interest occurred regardless of 2(b) for purposes of preparing the IQPA’s opinion for the plan whether the transaction is disclosed in the IQPA’s report. Do not that must be attached to the plan’s Schedule DCG. See check “Yes” or complete Schedule G, Part III, with respect to Schedule DCG for additional information. transactions that are: (1) statutorily exempt under Part 4 of Title All delinquent participant contributions must be reported on I of ERISA; (2) administratively exempt under ERISA section line 4a even if violations have been corrected. The VFCP 408(a); (3) exempt under Code sections 4975(c) or 4975(d); (4) describes how to apply, the specific transactions covered (which the holding of participant contributions in the employer’s general transactions include delinquent participant contributions to assets for a welfare plan that meets the conditions of ERISA pension and welfare plans), and acceptable methods for Technical Release 92-01; (5) a transaction of a 103-12 IE with correcting violations. In addition, applicants that satisfy both the parties other than the plan; or (6) delinquent participant VFCP requirements and the conditions of PTE 2002-51 are contributions or delinquent participant loan repayments reported eligible for immediate relief from payment of certain prohibited on line 4a. DCGs must identify the plans involved on the transaction excise taxes for certain corrected transactions, and Schedule G. See the instructions for the Schedule G for more are also relieved from the obligation to file the IRS Form 5330 information. Plans in the DCG must also answer this question with the IRS. For more information, see 71 Fed. Reg. 20261 for their plan separately on the plan’s Schedule DCG. (Apr. 19, 2006) and 71 Fed. Reg. 20135 (Apr. 19, 2006). Note. See the instructions for Part III of the Schedule G (Form Information about the VFCP is also available on the Internet at 5500) concerning nonexempt transactions and party-in-interest. www.dol.gov/ebsa. You may indicate that an application for an administrative Line 4a Schedule. Attach a Schedule of Delinquent exemption is pending. If you are unsure as to whether a Participant Contributions using the format below if you entered transaction is exempt or not, you should consult with either the “Yes.” If you chose to include participant loan repayments on plan’s IQPA or legal counsel or both. line 4a, you must apply the same supplemental schedule and Applicants that satisfy the VFCP requirements and the IQPA disclosure requirements to the loan repayments as conditions of PTE 2002-51 (see the instructions for line 4a) applied to delinquent transmittals of participant contributions. are eligible for immediate relief from payment of certain prohibited transaction excise taxes for certain corrected Instructions for Schedule H (Form 5500) -49- |
transactions, and are also relieved from the obligation to file the shares in a limited partnership, and collectibles. Do not check IRS Form 5330 with the IRS. For more information, see 71 Fed. “Yes” on line 4g for mutual fund shares or insurance company Reg. 20261 (Apr. 19, 2006) and 71 Fed. Reg. 20135 (Apr. 19, investment contracts for which the plan receives valuation 2006). When the conditions of PTE 2002-51 have been information at least annually. Also, do not check ‘‘Yes’’ on line satisfied, the corrected transactions should be treated as 4g if the plan is a defined contribution plan and the only assets exempt under Code section 4975(c) for the purposes of the plan holds, that do not have a readily determinable value on answering line 4d. an established market, are: (1) participant loans not in default, Line 4e. Plans that check “Yes” must enter the aggregate or (2) assets over which the participant exercises control within amount of fidelity bond coverage for all claims. Check ‘‘Yes’’ the meaning of section 404(c) of ERISA. only if the plan itself (as opposed to the plan sponsor or Although the current value of plan assets must be determined administrator) is a named insured under a fidelity bond from an each year, there is no requirement that the assets (other than approved surety covering plan officials and that protects the certain nonpublicly traded employer securities held in ESOPs) plan from losses due to fraud or dishonesty as described in 29 be valued every year by independent third-party appraisers. CFR Part 2580. Generally, every plan official of an employee Enter in the amount column the fair market value of the benefit plan who ‘‘handles’’ funds or other property of such plan assets referred to on line 4g whose value was not readily must be bonded. Generally, a person shall be deemed to be determinable on an established market and which were not ‘‘handling’’ funds or other property of a plan, so as to require valued by an independent third-party appraiser in the plan year. bonding, whenever their duties or activities with respect to given funds are such that there is a risk that such funds could be lost Generally, as it relates to these questions, an appraisal by an in the event of fraud or dishonesty on the part of such person, independent third party is an evaluation of the value of an asset acting either alone or in collusion with others. Section 412 of prepared by an individual or firm who knows how to judge the ERISA and 29 CFR Part 2580 describe the bonding value of such assets and does not have an ongoing relationship requirements, including the definition of “handling” (29 CFR with the plan or plan fiduciaries except for preparing the 2580.412-6), the permissible forms of bonds (29 CFR 2580.412- appraisals. 10), the amount of the bond (29 CFR Part 2580, subpart C), and A DCG must check “Yes” on line 4g if any of the plans in the certain exemptions such as the exemption for unfunded plans, DCG held any assets described in line 4g and “Yes” on line 4h if certain banks and insurance companies (ERISA section 412), any of the plans in the DCG held any noncash contributions as and the exemption allowing plan officials to purchase bonds described in line 4h. A DCG checking “Yes” must attach a list from surety companies authorized by the Secretary of the identifying the plans holding such assets or noncash Treasury as acceptable reinsurers on federal bonds (29 CFR contributions. The plan information reported must be the same 2580.412-23). Information concerning the list of approved as the information reported on Part III of Schedule DCG for the sureties and reinsurers is available on the Internet at plan or plans involved. Use the format and label as shown www.fms.treas.gov/c570. For more information on the fidelity below. bonding requirements, see Field Assistance Bulletin 2008-04, The attachment for line 4g must be clearly labeled “Schedule available on the Internet at www.dol.gov/ebsa. H, Line 4g – Plans in a DCG Holding Line 4g Assets. ” Note. Plans are permitted under certain conditions to purchase fiduciary liability insurance. These fiduciary liability insurance Plan EIN Plan Amount policies are not written specifically to protect the plan from name Number losses due to dishonest acts and cannot be reported as fidelity bonds on line 4e. Plan EIN Plan Amount Line 4f. Check ‘‘Yes,’’ if the plan suffered or discovered any name Number loss as a result of any dishonest or fraudulent act(s) even if the Plan EIN Plan Amount loss was reimbursed by the plan’s fidelity bond or from any name Number other source. If ‘‘Yes’’ is checked enter the full amount of the loss. If the full amount of the loss has not yet been determined, The attachment for line 4h must be clearly labeled provide an estimate and disclose that the figure is an estimate “Schedule H, Line 4h – Plans in a DCG Holding Line 4h as determined in good faith by a plan fiduciary. You must keep, Noncash Contributions. ” in accordance with ERISA section 107, records showing how the estimate was determined. Willful failure to report is a criminal offense. See ERISA Plan EIN Plan Amount section 501. name Number Lines 4g and 4h. Current value means fair market value Plan EIN Plan Amount where available. Otherwise, it means the fair value as name Number determined in good faith under the terms of the plan by a trustee Plan EIN Plan Amount or a named fiduciary, assuming an orderly liquidation at the time name Number of the determination. See ERISA section 3(26). An accurate assessment of fair market value is essential to a pension plan’s ability to comply with the requirements set forth Line 4i. Check “Yes” if the plan had any assets held for in the Code (e.g., the exclusive benefit rule of Code section investment purposes, and attach a schedule of assets held for 401(a)(2), the limitations on benefits and contributions under investment purposes at end of year, a schedule of assets held Code section 415, and the minimum funding requirements for investment purposes that were both acquired and disposed under Code section 412) and must be determined annually. of within the plan year, or both, as applicable. The schedules must use the format set forth below or a similar format. See 29 Examples of assets that may not have a readily determinable CFR 2520.103-11. A DCG must check “Yes” if any of the plans value on an established market (e.g., NYSE, AMEX, over the in the DCG had any assets held for investment purposes. counter, etc.) include real estate, nonpublicly traded securities, Assets held for investment purposes shall include: -50- Instructions for Schedule H (Form 5500) |
Any investment asset held by the plan on the last day of the 7. Securities purchased from a broker-dealer plan year; and registered under the Securities Exchange Act of 1934 and Any investment asset purchased during the plan year and sold either: (1) listed on a national securities exchange and before the end of the plan year except: registered under section 6 of the Securities Exchange Act 1. Debt obligations of the U.S. or any U.S. agency. of 1934 or (2) quoted on NASDAQ. 2. Interests issued by a company registered under the Assets held for investment purposes shall not include any Investment Company Act of 1940 (e.g., a mutual fund). investment that was not held by the plan on the last day of the 3. Bank certificates of deposit with a maturity of one plan year if that investment is reported in the annual report for year or less. that plan year in any of the following: 4. Commercial paper with a maturity of 9 months or 1. The schedule of loans or fixed income obligations in less if it is valued in the highest rating category by at least default required by Schedule G, Part I; two nationally recognized statistical rating services and is 2. The schedule of leases in default or classified as issued by a company required to file reports with the uncollectible required by Schedule G, Part II; Securities and Exchange Commission under section 13 of 3. The schedule of nonexempt transactions required by the Securities Exchange Act of 1934. Schedule G, Part III; or 5. Participations in a bank common or collective trust. 4. The schedule of reportable transactions required by 6. Participations in an insurance company pooled Schedule H, line 4j. separate account. Line 4i schedules. The first schedule r quired to be attached is a schedule of all assets held for investment purposes at the end e of the plan ye , aggregated and identified by issue, maturity date, rate of inte st, collateral, par or maturity value, cost and current ar re value, and, in the case of a loan, the payment schedule. In the case of a DCG, the DCGs common plan administrator must attach a consolidated Schedule of Assets for the entire DCG. In column (a), place an asterisk (*) on the line of each identified person known to be a party-in-inte st to the plan. In column re (c), include any restriction on transferability of corporate securities. (Include lending of securities permitted under Prohibi ted Transactions Exemption 81-6.) A DCG must also include in column (c) the number of plans in the DCG holding the asset. This schedule must be clearly labeled “Schedule H, line 4i – Schedule of Assets (Held At End of Year).” (a) (b) Identity of issue, borrower, lessor, or similar (c) Description of investment including maturity date, rate of (d) Cost (e) Current party interest, collateral, par, or maturity value value The second schedule r quired to be attached is a schedule of investment assets that we e both acquired and disposed of e r within the plan ye . A DCG must include in column (b) the name of the plan or plans holding the assets, the EIN(s) and plan ar number(s). This information must be the same as the information reported on Part III of Schedule DCG for the plan or plans holding the assets. A DCG should not include in this schedule assets transferred between plans within the DCG. This schedule must be clearly labeled “Schedule H, line 4i – Schedule of Assets (Acquired and Disposed of Within Year).” (a) Identity of issue, borrower, lessor, or similar party (b) Description of investment including maturity date, rate of (c) Cost of acquisitions (d) Proceeds interest, collateral, par, or maturity value of dispositions In the case of DCGs, the Schedule DCG for each plan subject to the IQPA audit requirement should include a Schedule of Assets for each such plan (see Schedule DCG for additional information). Notes: (1) Participant loans under an individual account plan with investment experience segregated for each account, that are made in accordance with 29 CFR 2550.408b-1 and that are secured solely by a portion of the participant’s vested accrued benefit, may be aggregated for reporting purposes in line 4i. Under identity of borrower enter “Participant loans,” under rate of interest enter the lowest rate and the highest rate charged during the plan year (e.g., 8%–10%), under the cost and proceeds columns enter zero, and under current value enter the total amount of these loans. (2) Column (d) cost information for the Schedule of Assets (Held At End of Year) and the column (c) cost of acquisitions information for the Schedule of Assets (Acquired and Disposed of Within Year) may be omitted when reporting investments of an individual account plan that a participant or beneficiary directed with respect to assets allocated to their account (including a negative election authorized under the terms of the plan). Likewise, cost information for investments in Code sections 403(b)(1) annuity contracts and 403(b)(7) custodial accounts may also be omitted. (3) Participant-directed brokerage account assets reported in the aggregate on line 1c(15) must be treated as one asset held for investment for purposes of the line 4i schedules, except investments in tangible personal property must continue to be reported as separate assets on the line 4i schedules. Investments in Code section 403(b)(1) annuity contracts and Code section 403(b)(7) custodial accounts should also be treated as one asset held for investment for purposes on the line 4i schedules. Instructions for Schedule H (Form 5500) -51- |
Line 4j. Check “Yes” and attach to the Form 5500 the following except as provided below, the plan’s allocable portion of the schedule if the plan had any reportable transactions. A DCG transactions of the trust shall be combined with the other must check “Yes” if any of the plans in the DCG had any transactions of the plan, if any, to determine which transactions reportable transactions. (See 29 CFR 2520.103-6 and the (or series of transactions) are reportable (5%) transactions. examples provided in the regulation for more information on For investments in common/collective trusts (CCTs), pooled reportable transactions). The schedule must use the format set separate accounts (PSAs), 103-12 IEs, and registered forth below or a similar format. See 29 CFR 2520.103-11. investment companies, determine the 5% figure by comparing A reportable transaction includes: the transaction date value of the acquisition and/or disposition of 1.A single transaction within the plan year in excess of 5% of units of participation or shares in the entity with the current the current value of the plan assets; value of the plan assets at the beginning of the plan year. If the 2.Any series of transactions with or in conjunction with the Schedule H is attached to a Form 5500 filed for a plan with all same person, involving property other than securities, which plan funds held in a master trust, check ‘‘No’’ on line 4j. Plans amount in the aggregate within the plan year (regardless of the with assets in a master trust that have other transactions should category of asset and the gain or loss on any transaction) to determine the 5% figure by subtracting the current value of plan more than 5% of the current value of plan assets; assets held in the master trust from the current value of all plan 3.Any transaction within the plan year involving securities of assets at the beginning of the plan year and check ‘‘Yes’’ or the same issue if within the plan year any series of transactions “No,” as appropriate. Do not include individual transactions of with respect to such securities amount in the aggregate to more (CCTs), (PSAs), master trust investment accounts (MTIAs), than 5% of the current value of the plan assets; and 103-12 IEs, and registered investment companies in which this 4.Any transaction within the plan year with respect to plan or DFE invests. securities with, or in conjunction with, a person if any prior or In the case of a purchase or sale of a security on the market, subsequent single transaction within the plan year with such do not identify the person from whom purchased or to whom person, with respect to securities, exceeds 5% of the current sold. value of plan assets. Special rule for certain participant-directed transactions. The 5% figure is determined by comparing the current value Transactions under an individual account plan that a participant of the transaction at the transaction date with the current value or beneficiary directed with respect to assets allocated to their of the plan assets at the beginning of the plan year. If this is the account (including a negative election authorized under the initial plan year, you may use the current value of the plan terms of the plan) should not be treated for purposes of line 4j assets at the end of the plan year to determine the 5% figure. as reportable transactions. The current value of all assets of the If the assets of two or more plans are maintained in one trust, plan, including these participant-directed transactions, should be included in determining the 5% figure for all other transaction. Line 4j schedule. The schedule required to be attached is a schedule of reportable transactions that must be clearly labeled “Schedule H, line 4j – Schedule of Reportable Transactions.” A DCG must include in column (b) the name of the plan or plans with the reportable transaction(s), the EIN(s) and plan number(s). This information must be the same as the information reported on Part III of Schedule DCG for the plan or plans involved. (a) Identity of (b) Description of (c) (d) Selling (e) Lease (f) Expense (g) Cost (h) Current value (i) Net party asset (include Purchase price rental incurred with of asset of asset on gain or involved interest rate and price transaction transaction date (loss) maturity in case of a loan) 52- Instructions for Schedule H (Form 5500) |
Line 4k. Check “Yes” if all the plan assets (including regarding a participant’s individual account; or (4) by insurance/annuity contracts) were distributed to the application of federal securities laws. For more information, participants and beneficiaries, legally transferred to the control see 29 CFR 2520.101-3 (available at www.dol.gov/ebsa). of another plan, or brought under the control of the PBGC. Line 4n. If there was a blackout period, did you provide the Check ‘‘No’’ for a welfare benefit plan that is still liable to required notice not less than 30 days nor more than 60 days in pay benefits for claims incurred before the termination date, advance of restricting the rights of participants and but not yet paid. See 29 CFR 2520.104b-2(g)(2)(ii). beneficiaries to change their plan investments, obtain loans Line 4l. You must check “Yes” if any benefits due under the from the plan, or obtain distributions from the plan? If so, check plan were not timely paid or not paid in full. This would include “Yes.” See 29 CFR 2520.101-3 for specific notice requirements minimum required distributions to 5% owners who have and for exceptions from the notice requirement. Also, answer attained the applicable ages as described in Code section “Yes” if one of the exceptions to the notice requirement under 401(a)(9)(C)(v) whether or not retired and/or non-5% owners 29 CFR 2520.101-3 applies. A DCG checking “No” must attach who have attained the applicable ages as described in Code a list identifying all the plans that failed to provide the required section 401(a)(9)(C)(v) and have retired or separated from notice on a timely basis. The plan information reported must be service, see Code section 401(a)(9). Include in this amount the the same as the information reported on Part III of Schedule total of any outstanding amounts that were not paid when due DCG for the plan or plans involved. Use the format and label in previous years that have continued to remain unpaid. as shown below. Note. In the absence of other guidance, filers do not need to The attachment for line 4n must be clearly labeled report on this line unpaid required minimum distribution (RMD) “Schedule H, Line 4n – Plans in a DCG that Failed to amounts for participants who have retired or separated from Provide Required Blackout Notice. ” service, or their beneficiaries, who cannot be located after reasonable efforts or where the plan is in the process of Plan name EIN Plan Number engaging in such reasonable efforts at the end of the plan year reporting period. Plan administrators and employers should Plan name EIN Plan Number review their plan documents for written procedures on locating Plan name EIN Plan Number missing participants. Although the Department of Labor’s Field Assistance Bulletin 2014-01 is specifically applicable to terminated defined contribution plans, employers and plan Line 5. MTIAs, 103-12 IEs, GIAs and DCGs do not complete administrators of ongoing plans may want to consider line 5. periodically using one or more of the search methods Line 5a. Check “Yes” if a resolution to terminate the plan was described in the FAB in connection with making reasonable adopted during this or any prior plan year, unless the efforts to locate RMD-eligible missing participants. termination was revoked and no assets reverted to the Line 4m. Check “Yes” if there was a “blackout period.” A employer. If ‘‘Yes’’ is checked, enter the amount of plan assets DCG must check “Yes” if there was a “blackout period” for any that reverted to the employer during the plan year in of the plans in the DCG. A DCG checking “Yes” must attach a connection with the implementation of such termination. Enter list identifying all the plans that had a “blackout period.” The “0” if no reversion occurred during the current plan year. plan information reported must be the same as the information A Form 5500 must be filed for each year the plan has reported on Part III of Schedule DCG for the plan or plans assets, and, for a welfare benefit plan, if the plan is still involved. Use the format and label as shown below. liable to pay benefits for claims incurred before the termination The attachment for line 4m must be clearly labeled date, but not yet paid. See 29 CFR 2520.104b-2(g)(2)(ii). “Schedule H, Line 4m – Plans in a DCG that had Blackout Line 5b. Enter information concerning assets and/or liabilities Period. ” transferred from this plan to another plan(s) (including spinoffs) during the plan year. A transfer of assets or liabilities occurs when there is a reduction of assets or liabilities with respect to Plan name EIN Plan Number one plan and the receipt of these assets or the assumption of Plan name EIN Plan Number these liabilities by another plan. Enter the name, plan sponsor Plan name EIN Plan Number EIN, and PN for the transferee plan(s) involved on lines 5b(1), (2), and (3). Do not use a social security number in lieu of an EIN or A blackout period is a temporary suspension of more than include an attachment that contains visible social security three (3) consecutive business days during which participants numbers. The Schedule H is open to public inspection, and the or beneficiaries of a 401(k) or other individual account pension contents are public information and are subject to publication plan were unable to, or were limited or restricted in their ability on the Internet. Because of privacy concerns, the inclusion of a to, direct or diversify assets credited to their accounts, obtain social security number or any portion thereof on this Schedule loans from the plan, or obtain distributions from the plan. A H or the inclusion of a visible social security number or any “blackout period” generally does not include a temporary portion thereof on an attachment may result in the rejection of suspension of the right of participants and beneficiaries to the filing. direct or diversity assets credited to their accounts, obtain loans from the plan, or obtain distributions from the plan if the Note. A distribution of all or part of an individual participant’s temporary suspension is: (1) part of the regularly scheduled account balance that is reportable on Form 1099-R should not operations of the plan that has been disclosed to participants be included on line 5b. Do not submit Form 1099-R with the and beneficiaries; (2) due to a qualified domestic relations Form 5500. order (QDRO) or because of a pending determination as to IRS Form 5310-A, Notice of Plan Merger or Consolidation, whether a domestic relations order is a QDRO; (3) due to an Spinoff, or Transfer of Plan Assets or Liabilities; Notice of action or a failure to take action by an individual participant or Qualified Separate Lines of Business, may be required to be because of an action or claim by someone other than the plan filed at least 30 days before any plan merger or consolidation Instructions for Schedule H (Form 5500) -53- |
or any transfer of plan assets or liabilities to another plan. There is a penalty for not filing IRS Form 5310-A on time. In addition, a transfer of benefit liabilities involving a plan covered by PBGC insurance may be reportable to the PBGC. See PBGC Form 10, Post-Event Notice of Reportable Events, and PBGC Form 10-Advance, Advance Notice of Reportable Events. Line 5c. Check “Yes” if the plan was covered by PBGC at any time during the plan year to which the Form 5500 relates and enter the My PAA generated confirmation number for the premium filing for that plan year reported (see filing receipt). “Yes” must be checked even if coverage has ceased and/or final premiums have been paid before the Form 5500 is due. If you are uncertain whether the plan is covered under the PBGC termination insurance program, check the box “Not determined” and contact PBGC either by phone at 1-800-736- 2444, by E-mail at coverage@pbgc.gov. If you amended your premium filing for this plan year, enter the confirmation number for that filing and not for the previous filing(s). Defined contribution plans and welfare plans do not need to complete this item. Note: A church defined benefit pension plan that has made an election under Code section 410(d) should see www.pbgc.gov for the procedures prescribed by PBGC on how to notify PBGC that it wishes to have Title IV of ERISA apply to it. -54- Instructions for Schedule H (Form 5500) |
assuming an orderly liquidation at time of the determination. 2023 Instructions for Schedule I See ERISA section 3(26). (Form 5500) Part I – Small Plan Financial Information Financial Information – Small Plan Amounts reported on lines 1a, 1b, and 1c for the beginning of the plan year must be the same as reported for the end of the General Instructions plan year for corresponding lines on the return/report for the preceding plan year. Who Must File Do not include contributions designated for the 2023 plan Schedule I (Form 5500) must be attached to a Form 5500 filed year in column (a). for pension benefit plans and welfare benefit plans that covered fewer than 100 participants as of the beginning of the Line 1a. A plan with assets held in common/collective trusts plan year and that are not eligible to file Form 5500-SF. (CCTs), pooled separate accounts (PSAs), master trust investment accounts (MTIAs), and/or 103-12 IEs must also Note. If a Schedule I or a Form 5500-SF was filed for the plan attach Schedule D. for the 2022 plan year and the plan covered fewer than 121 participants as of the beginning of the 2023 plan year, the Use the same method for determining the value of the plan’s Schedule I may be completed instead of a Schedule H. interest in an insurance company general account (unallocated contracts) that you used for line 4 of Schedule A, or, if line 4 is Exception. Certain insured, unfunded or combination not required, line 7 of Schedule A. unfunded/insured welfare plans are exempt from filing the Form 5500 and the Schedule I. In addition, certain fully insured Note. Do not include in column (b) a participant loan that has pension benefit plans are exempt from completing the been deemed distributed during the plan year under the Schedule I. See the Form 5500 instructions for Who Must File provisions of Code section 72(p) and Treasury Regulations and Limited Pension Plan Reporting for more information. section 1.72(p)-1, if both of the following circumstances apply: A plan that is required to file a Form M-1, Report for 1. Under the plan, the participant loan is treated as a Multiple-Employer Welfare Arrangements (MEWAs) and directed investment solely of the participant’s individual Certain Entities Claiming Exception (ECEs) is not required to account; and file the Schedule I if it has fewer than 100 participants at the 2. As of the end of the plan year, the participant is not beginning of the plan year and meets the requirements of 29 continuing repayment under the loan. CFR 2520.104-44. If the deemed distributed participant loan is included in Check the Schedule I box on the Form 5500 (Part II, line column (a) and both of these circumstances apply, report the 10b(2)) if a Schedule I is attached to the Form 5500. Do not loan as a deemed distribution on line 2g. However, if either of attach both a Schedule I and a Schedule H to the same Form these circumstances does not apply, the current value of the 5500. participant loan (including interest accruing thereon after the deemed distribution) should be included in column (b) without Specific Instructions regard to the occurrence of a deemed distribution. Lines A, B, C, and D. This information must be the same as After a participant loan that has been deemed distributed is reported in Part II of the Form 5500 to which this Schedule I is reported on line 2g, it is no longer to be reported as an asset attached. on Schedule H or Schedule I unless, in a later year, the Do not use a social security number in line D in lieu of an participant resumes repayment under the loan. However, such EIN. The Schedule I and its attachments are open to public a loan (including interest accruing thereon after the deemed inspection, and the contents are public information and are distribution) that has not been repaid is still considered subject to publication on the Internet. Because of privacy outstanding for purposes of applying Code section 72(p)(2)(A) concerns, the inclusion of a social security number or any to determine the maximum amount of subsequent loans. Also, portion thereof on this Schedule I or any of its attachments the deemed distribution is not treated as an actual distribution may result in the rejection of the filing. for other purposes, such as the qualification requirements of You can apply for an EIN from the IRS online, by fax, or by Code section 401, including, for example, the determination of mail depending on how soon you need to use the EIN. For top-heavy status under Code section 416 and the vesting more information, see Section 3: Electronic Filing Requirement requirements of Treasury Regulations section 1.411(a)-7(d)(5). under General Instructions to Form 5500. The EBSA does not See Q&As 12 and 19 of Treasury Regulations section 1.72(p)- issue EINs. 1. Note. The cash, modified cash, or accrual basis may be used The entry on line 1a, column (b), of Schedule I (plan assets for recognition of transactions, as long as you use one method - end of year) or on line 1c(8), column (b), of Schedule H consistently. Round off all amounts reported on the Schedule I (participant loans - end of year) must include the current value to the nearest dollar. Any other amounts are subject to of any participant loan reported as a deemed distribution on rejection. Check all subtotals and totals carefully. line 2g for any earlier year if, during the plan year, the participant resumes repayment under the loan. In addition, the If the assets of two or more plans are maintained in one amount to be entered on line 2g must be reduced by the fund, such as when an employer has two plans funded through amount of the participant loan reported as a deemed a single trust (except a DFE), complete Parts I and II by distribution on line 2g for the earlier year. entering the plan’s allocable part of each line item. Line 1b. Enter the total liabilities at the beginning and end of If assets of one plan are maintained in two or more trust the plan year. Liabilities to be entered here do not include the funds, report the combined financial information in Part I. value of future pension payments to plan participants. Current value means fair market value where available. However, the amount to be entered in line 1b for accrual basis Otherwise, it means the fair value as determined in good faith filers includes, among other things: under the terms of the plan by a trustee or a named fiduciary, Instructions for Schedule I (Form 5500) -55- |
1. Benefit claims that have been processed and approved participants or beneficiaries, include the current value on the for payment by the plan but have not been paid (including all date of distribution. incurred but not reported welfare benefit claims); Line 2f. Include on this line all distributions paid during the 2. Accounts payable obligations owed by the plan that were plan year of excess deferrals under Code section incurred in the normal operations of the plan but have not been 402(g)(2)(A)(ii), excess contributions under Code section paid; and 401(k)(8), and excess aggregate contributions under Code 3. Other liabilities such as acquisition indebtedness and section 401(m)(6). Include allocable income distributed. Also any other amount owed by the plan. include on this line any elective deferrals and employee Line 1c. Enter the net assets as of the beginning and end of contributions distributed or returned to employees during the the plan year. (Subtract line 1b from 1a.) Line 1c, column (b) plan year, as well as any attributable income that was also must equal the sum of line 1c, column (a) plus lines 2k and 2l. distributed. Line 2a. Include the total cash contributions received or (for Line 2g. Report on line 2g a participant loan included in line accrual basis plans) due to be received. 1a, column (a) (participant loans - beginning of year) and that Line 2a(1). Plans using the accrual basis of accounting must has been deemed distributed during the plan year under the not include contributions designated for years before the 2023 provisions of Code section 72(p) and Treasury Regulations plan year on line 2a(1). section 1.72(p)-1 only if both of the following circumstances apply: Line 2a(2). For welfare plans, report all employee contributions, including all elective contributions under a 1. Under the plan, the participant loan is treated as a cafeteria plan (Code section 125). For pension benefit plans, directed investment solely of the participant’s individual participant contributions, for purposes of this item, also include account; and elective contributions under a qualified cash or deferred 2. As of the end of the plan year, the participant is not arrangement (Code section 401(k)). continuing repayment under the loan. Line 2b. Use the current value, at date contributed, of If either of these circumstances does not apply, a deemed securities or other noncash property. distribution of a participant loan should not be reported on line 2g. Instead, the current value of the participant loan (including Line 2c. Enter all other plan income for the plan year. Do not interest accruing thereon after the deemed distribution) should include transfers from other plans that are reported on line 2l. be included on line 1a, column (b) (plan assets – end of year), Other income received and/or receivable would include: without regard to the occurrence of a deemed distribution. 1. Interest on investments (including money market Note. The amount to be reported on line 2g of Schedule H or accounts, sweep accounts, STIF accounts, etc.). Schedule I must be reduced if, during the plan year, a 2. Dividends. (Accrual basis plans should include dividends participant resumes repayment under a participant loan declared for all stock held by the plan even if the dividends reported as a deemed distribution on line 2g for any earlier have not been received as of the end of the plan year.) year. The amount of the required reduction is the amount of 3. Rents from income-producing property owned by the the participant loan reported as a deemed distribution on line plan. 2g for the earlier year. If entering a negative number, enter a 4. Royalties. minus sign “-” to the left of the number. The current value of 5. Net gain or loss from the sale of assets. the participant loan must then be included in line 1c(8), column 6. Other income, such as unrealized appreciation (b), of Schedule H (participant loans – end of year) or in line (depreciation) in plan assets. 1a, column (b), of Schedule I (plan assets – end of year). To compute this amount, subtract the current value of all Although certain participant loans deemed distributed are to assets at the beginning of the year plus the cost of any assets be reported on line 2g of the Schedule H or Schedule I, and acquired during the plan year from the current value of all are not to be reported on the Schedule H or Schedule I as an assets at the end of the year minus assets disposed of during asset thereafter (unless the participant resumes repayment the plan year. under the loan in a later year), they are still considered Line 2d. Enter the total of all cash contributions (lines 2a(1) outstanding loans and are not treated as actual distributions for through (3)), noncash contributions (line 2b), and other plan certain purposes. See Q&As 12 and 19 of Treasury income (line 2c) during the plan year. If entering a negative Regulations section 1.72(p)-1. number, enter a minus sign “-” to the left of the number. Line 2h. The amount to be reported for expenses involving Line 2e. Include: (1) payments made (and for accrual basis administrative service providers (salaries, fees, and filers) payments due to or on behalf of participants or commissions) includes the total fees paid (or in the case of beneficiaries in cash, securities, or other property (including accrual basis plans, costs incurred during the plan year but not rollovers of an individual’s accrued benefit or account balance). paid as of the end of the plan year) by the plan for, among Include all eligible rollover distributions as defined in Code others: section 401(a)(31)(D) paid at the participant’s election to an 1. Salaries to employees of the plan; eligible retirement plan (including an IRA within the meaning of 2. Fees and expenses for accounting, actuarial, legal, Code section 401(a)(31)(E)); (2) payments to insurance investment management, investment advice, and securities companies and similar organizations such as Blue Cross, Blue brokerage services; Shield, and health maintenance organizations for the provision 3. Contract administrator fees; of plan benefits (e.g., paid-up annuities, accident insurance, 4. Fees and expenses for individual plan trustees, including health insurance, vision care, dental coverage, etc.); and (3) reimbursement for travel, seminars, and meeting expenses; payments made to other organizations or individuals providing and benefits. Generally, these payments discussed in (3) are made 5. Fees and expenses paid for valuations and appraisals of to individual providers of welfare benefits such as legal real estate and closely held securities. services, day care services, and training and apprenticeship services. If securities or other property are distributed to plan Line 2i. Other expenses (paid and/or payable) include other administrative and miscellaneous expenses paid by or charged -56- Instructions for Schedule I (Form 5500) |
to the plan, including among others, office supplies and 1. Under the plan, the participant loan is treated as a equipment, telephone, postage, rent and expenses associated directed investment solely of the participant’s individual with the ownership of a building used in operation of the plan. account; and Line 2j. Enter the total of all benefits paid or due as reported 2. As of the end of the plan year, the participant is not on lines 2e, 2f, and 2g and all other plan expenses (lines 2h continuing repayment under the loan. and 2i) during the year. If both of these circumstances apply, report the loan as a Line 2l. Enter the net value of all assets transferred to and deemed distribution on line 2g. However, if either of these from the plan during the plan year including those resulting circumstances does not apply, the current value of the from mergers and spinoffs. A transfer of assets or liabilities participant loan (including interest accruing thereon after the occurs when there is a reduction of assets or liabilities with deemed distribution) should be included on line 3e without respect to one plan and the receipt of these assets or the regard to the occurrence of a deemed distribution. assumption of these liabilities by another plan. Transfers out at Note. After participant loans have been deemed distributed the end of the year should be reported as occurring during the and reported on line 2g of the Schedule I or H, they are no plan year. longer required to be reported as assets on the Schedule I or Note. A distribution of all or part of an individual participant’s H. However, such loans (including interest accruing thereon account balance that is reportable on Form 1099-R, after the deemed distribution) that have not been repaid are Distributions From Pensions, Annuities, Retirement or Profit- still considered outstanding for purposes of applying Code Sharing Plans, IRAs, Insurance Contracts, etc., should not be section 72(p)(2)(A) to determine the maximum amount of included on line 2l but must be included in benefit payments subsequent loans. Also, the deemed distribution is not treated reported on line 2e. Do not submit IRS Form 1099-R with Form as an actual distribution for other purposes, such as the 5500. qualification requirements of Code section 401, including, for example, the determination of top-heavy status under Code Lines 3a through 3g. You must check either “Yes” or “No” on section 416 and the vesting requirements of Treasury each line to report whether the plan held any assets in the Regulations section 1.411(a)-7(d)(5). See Q&As 12 and 19 of listed categories at any time during the plan year. If “Yes” is Treasury Regulations section 1.72(p)-1. checked on any line, enter in the amount column for that line the current value of the assets held at the end of the plan year Line 3f. Enter the current value of all loans made by the plan, or “0” if no assets remain in the category at the end of the plan except participant loans reportable on line 3e. Include the sum year. You should allocate the value of the plan’s interest in a of the value of loans for construction, securities loans, commingled trust containing the assets of more than one plan commercial and/or residential mortgage loans that are not on a line-by-line basis, except do not include on lines 3a subject to Code section 72(p) (either by making or participating through 3g the value of the plan’s interest in any CCT, PSA, in the loans directly or by purchasing loans originated by a MTIA, or 103-12 IE (see instructions definitions of CCT, PSA, third party), and other miscellaneous loans. MTIA, and 103-12 IE). Line 3g. Include all property that has concrete existence and is Line 3a. Enter the value of the plan’s participation in a capable of being processed, such as goods, wares, partnership or joint venture, unless the partnership or joint merchandise, furniture, machines, equipment, animals, venture is a 103-12 IE. automobiles, etc. This includes collectibles, such as works of art, rugs, antiques, metals, gems, stamps, coins, alcoholic Line 3b. The term ‘‘employer real property’’ means real beverages, musical instruments, and historical objects property (and related personal property) that is leased to an (documents, clothes, etc.). Do not include the value of a plan’s employer of employees covered by the plan, or to an affiliate of interest in property reported on lines 3a through 3f, or such employer. For purposes of determining the time at which intangible property, such as patents, copyrights, goodwill, a plan acquires employer real property for purposes of this franchises, notes, mortgages, stocks, claims, interests, or other line, such property shall be deemed to be acquired by the plan property that embodies intellectual or legal rights. on the date on which the plan acquires the property or on the date on which the lease to the employer (or affiliate) is entered Part II – Compliance Questions into, whichever is later. Answer all lines with either ‘‘Yes’’ or ‘‘No.’’ Do not leave any Line 3d. An employer security is any security issued by an answer blank, unless otherwise directed. For lines 4a through employer (including affiliates) of employees covered by the 4i and line 4l, if the answer is “Yes,” an amount must be plan. These may include common stocks, preferred stocks, entered. If you check ‘‘No’’ on line 4k you must attach the bonds, zero coupon bonds, debentures, convertible report of an independent qualified public accountant (IQPA) or debentures, notes and commercial paper. a statement that the plan is eligible and elects to defer Line 3e. Enter the current value of all loans to participants attaching the IQPA’s opinion pursuant to 29 CFR 2520.104-50 including residential mortgage loans that are subject to Code in connection with a short plan year of seven months or less. section 72(p). Include the sum of the value of the unpaid Plans with all of their fund held in a master trust should check principal balances, plus accrued but unpaid interest, if any, for “No” on Schedule I, lines 4b, c, and i. participant loans made under an individual account plan with Line 4a. Amounts paid by a participant or beneficiary to an investment experience segregated for each account, that are employer and/or withheld by an employer for contribution to made in accordance with 29 CFR 2550.408b-1 and secured the plan are participant contributions that become plan assets solely by a portion of the participant’s vested accrued benefit. as of the earliest date on which such contributions can When applicable, combine this amount with the current value reasonably be segregated from the employer’s general assets. of any other participant loans. Do not include any amount of a See 29 CFR 2510.3-102. In the case of a plan with fewer than participant loan deemed distributed during the plan year under 100 participants at the beginning of the plan year, any amount the provisions of Code section 72(p) and Treasury Regulations deposited with such plan not later than the 7 business day th section 1.72(p)-1, if both of the following circumstances apply: following the day on which such amount is received by the employer (in the case of amounts that a participant or beneficiary pays to an employer), or the 7 business day th Instructions for Schedule I (Form 5500) -57- |
following the day on which such amount would otherwise have contributions to pension and welfare plans), and acceptable been payable to the participant in cash (in the case of amount methods for correcting violations. In addition, applicants that withheld by an employer from a participant’s wages), shall be satisfy both the VFCP requirements and the conditions of deemed to be contributed or repaid to such plan on the earliest Prohibited Transaction Exemption (PTE) 2002-51 are eligible date on which such contributions or participant loan for immediate relief from payment of certain prohibited repayments can reasonably be segregated from the transaction excise taxes for certain corrected transactions, and employer’s general assets. See 29 CFR 2510.3-102(a)(2). are also relieved from the obligation to file the IRS Form 5330 Plans that check “Yes” must enter the aggregate amount of with the IRS. For more information, see 71 Fed. Reg. 20261 all late contributions for the year. The total amount of the (Apr. 19, 2006) and 71 Fed. Reg. 20135 (Apr. 19, 2006). All delinquent contributions must be included on line 4a of the delinquent participant contributions must be reported on line 4a Schedule H or I, as applicable, for the year in which the even if violations have been corrected. Information about the contributions were delinquent and must be carried over and VFCP is also available on the Internet at www.dol.gov/ebsa. reported again on line 4a of the Schedule H or I, as applicable, Line 4a Schedule. Attach a Schedule of Delinquent for each subsequent year until the year after the violation has Participant Contributions using the format below if you entered been fully corrected, which correction includes payment of the “Yes” on line 4a and you are checking “No” on line 4k because late contributions and reimbursement of the plan for lost you are not claiming the audit waiver for the plan. If you earnings or profits. If no participant contributions were received choose to include participant loan repayments on line 4a, you or withheld by the employer during the plan year, answer ‘‘No.’’ must apply the same supplemental schedule and IQPA An employer holding participant contributions commingled disclosure requirements to the loan repayments as apply to with its general assets after the earliest date on which such delinquent transmittals of participant contributions. contributions can reasonably be segregated from the employer’s general assets will have engaged in prohibited use of plan assets (see ERISA section 406). If such a nonexempt Schedule I Line 4a – Schedule of Delinquent prohibited transaction occurred with respect to a disqualified Participant Contributions person (see Code section 4975(e)(2)), file IRS Form 5330, Participant Total that Constitutes Nonexempt Total Return of Excise Taxes Related to Employee Benefit Plans, Contributions Prohibited Transactions Fully with the IRS to pay any applicable excise tax on the Transferred Corrected Late to Plan Under transaction. Check here if Contributions Contributions Contributions VFCP Participant loan repayments paid to and/or withheld by an Late Not Corrected Pending and PTE employer for purposes of transmittal to the plan that were not Participant Corrected Outside Correction in 2002-51 transmitted to the plan in a timely fashion must be reported Loan VFCP VFCP either on line 4a in accordance with the reporting requirements Repayments that apply to delinquent participant contributions or on line 4d. are included: See Advisory Opinion 2002-02A, available at Line 4b. Plans that check “Yes” must enter the amount. The www.dol.gov/ebsa. due date, payment amount and conditions for determining For those Schedule I filers required to submit an IQPA default of a note or loan are usually contained in the report, delinquent participant contributions reported on documents establishing the note or loan. A loan by the plan is line 4a must be treated as part of the separate schedules in default when the borrower is unable to pay the obligation referenced in ERISA section 103(a)(3)(A) and 29 CFR upon maturity. Obligations that require periodic repayment can 2520.103-1(b) and 2520.103-2(b) for purposes of preparing the default at any time. Generally, loans and fixed income IQPA’s opinion even though they are not required to be listed obligations are considered uncollectible when payment has not on Part III of the Schedule G. If the information contained on been made and there is little probability that payment will be line 4a is not presented in accordance with regulatory made. A fixed income obligation has a fixed maturity date at a requirements, i.e., when the IQPA concludes that the specified interest rate. Do not include participant loans made scheduled information required by line 4a does not contain all under an individual account plan with investment experience the required information or contains information that is segregated for each account that were made in accordance inaccurate or is inconsistent with the plan’s financial with 29 CFR 2550.408b-1 and secured solely by a portion of statements, the IQPA report must make the appropriate the participant’s vested accrued benefit. disclosures in accordance with generally accepted auditing Line 4c. Plans that check “Yes” must enter the amount. A standards. For more information, see EBSA’s Frequently lease is an agreement conveying the right to use property, Asked Questions about Reporting Delinquent Contributions on plant or equipment for a stated period. A lease is in default the Form 5500, available on the Internet at www.dol.gov/ebsa. when the required payment(s) has not been made. An These Frequently Asked Questions clarify that plans have an uncollectible lease is one where the required payments have obligation to include delinquent participant contributions on not been made and for which there is little probability that their financial statements and supplemental schedules and that payment will be made. the IQPA’s report covers such delinquent contributions even though they are no longer required to be included on Part III of Line 4d. Plans that check “Yes” must enter the amount. Check the Schedule G. Although all delinquent participant “Yes” if any nonexempt transaction with a party-in-interest contributions must be reported on line 4a, delinquent occurred regardless of whether the transaction is disclosed in contributions for which the DOL Voluntary Fiduciary Correction the IQPA’s report. Do not check “Yes” with respect to Program (VFCP) requirements and the conditions of the transactions that are: (1) statutorily exempt under Part 4 of Prohibited Transaction Exemption (PTE) 2002-51 have been Title I of ERISA; (2) administratively exempt under ERISA satisfied do not need to be treated as nonexempt party-in- section 408(a); (3) exempt under Code sections 4975(c) or interest transactions. 4975(d); (4) the holding of participant contributions in the employer’s general assets for a welfare plan that meets the The VFCP describes how to apply, the specific transactions conditions of ERISA Technical Release 92-01; (5) a covered (which transactions include delinquent participant transaction of a 103-12 IE with parties other than the plan; or -58- Instructions for Schedule I (Form 5500) |
(6) delinquent participant contributions or delinquent participant E. Acquisition, on behalf of the plan, of any employer loan repayments reported on line 4a. You may indicate that an security or employer real property in violation of ERISA application for an administrative exemption is pending. If you section 407(a). are unsure whether a transaction is exempt or not, you should F. Dealing with the assets of the plan for a fiduciary’s own consult with either a qualified public accountant, legal counsel interest or own account. or both. If the plan is a qualified pension plan and a nonexempt G. Acting in a fiduciary’s individual or any other capacity in prohibited transaction occurred with respect to a disqualified any transaction involving the plan on behalf of a party (or person, an IRS Form 5330 should be filed with the IRS to pay represent a party) whose interests are adverse to the the excise tax on the transaction. interests of the plan or the interests of its participants or Applicants that satisfy the VFCP requirements and the beneficiaries. conditions of PTE 2002-51 (see the instructions for line H. Receipt of any consideration for their own personal 4a) are eligible for immediate relief from payment of certain account by a party-in-interest who is a fiduciary from any prohibited transaction excise taxes for certain corrected party dealing with the plan in connection with a transaction transactions, and are also relieved from the obligation to file involving the income or assets of the plan. the Form 5330 with the IRS. For more information, see 71 Fed. Line 4e. Plans that check “Yes” must enter the aggregate Reg. 20261 (Apr. 19, 2006) and 71 Fed. Reg. 20135 (Apr. 19, amount of fidelity bond coverage for all claims. Check ‘‘Yes’’ 2006). When the conditions of PTE 2002-51 have been only if the plan itself (as opposed to the plan sponsor or satisfied, the corrected transactions should be treated as administrator) is a named insured under a fidelity bond from an exempt under Code section 4975(c) for the purposes of approved surety covering plan officials and that protects the answering line 4d. plan from losses due to fraud or dishonesty as described in 29 Party-in-Interest. For purposes of this form, party-in- CFR Part 2580. Generally, every plan official of an employee interest is deemed to include a disqualified person. See Code benefit plan who ‘‘handles’’ funds or other property of such section 4975(e)(2). The term ‘‘party-in-interest’’ means, as to plan must be bonded. Generally, a person shall be deemed to an employee benefit plan: be ‘‘handling’’ funds or other property of a plan, so as to require bonding, whenever their duties or activities with respect A. Any fiduciary (including, but not limited to, any to given funds are such that there is a risk that such funds administrator, officer, trustee, or custodian), counsel, or could be lost in the event of fraud or dishonesty on the part of employee of the plan; such person, acting either alone or in collusion with others. B. A person providing services to the plan; Section 412 of ERISA and 29 CFR Part 2580 describe the C. An employer, any of whose employees are covered by bonding requirements, including the definition of ‘‘handling’’ (29 the plan; CFR 2580.412-6), the permissible forms of bonds (29 CFR D. An employee organization, any of whose members are 2580.412-10), the amount of the bond (29 CFR Part 2580, covered by the plan; subpart C), and certain exemptions such as the exemption for E. An owner, direct or indirect, of 50% or more of: (1) the unfunded plans, certain banks and insurance companies combined voting power of all classes of stock entitled to vote (ERISA section 412), and the exemption allowing plan officials or the total value of shares of all classes of stock of a to purchase bonds from surety companies authorized by the corporation, (2) the capital interest or the profits interest of a Secretary of the Treasury as acceptable reinsurers on federal partnership, or (3) the beneficial interest of a trust or bonds (29 CFR 2580.412-23). Information concerning the list unincorporated enterprise that is an employer or an of approved sureties and reinsurers is available on the Internet employee organization described in C or D; at www.fms.treas.gov/c570. For more information on the F. A relative of any individual described in A, B, C, or E; fidelity bonding requirements, see Field Assistance Bulletin G. A corporation, partnership, or trust or estate of which (or 2008-04, available on the Internet at www.dol.gov/ebsa. in which) 50% or more of: (1) the combined voting power of Note. Plans are permitted under certain conditions to purchase all classes of stock entitled to vote or the total value of fiduciary liability insurance. These fiduciary liability insurance shares of all classes of stock of such corporation, (2) the policies are not written specifically to protect the plan from capital interest or profits interest of such partnership, or (3) losses due to dishonest acts and cannot be reported as fidelity the beneficial interest of such trust or estate is owned bonds on line 4e. directly or indirectly, or held by, persons described in A, B, Line 4f. Check ‘‘Yes,’’ if the plan had suffered or discovered C, D, or E; any loss as a result of any dishonest or fraudulent act(s) even H. An employee, officer, director (or an individual having if the loss was reimbursed by the plan’s fidelity bond or from powers or responsibilities similar to those of officers or any other source. If ‘‘Yes’’ is checked enter the full amount of directors), or a 10% or more shareholder, directly or the loss. If the full amount of the loss has not yet been indirectly, of a person described in B, C, D, E, or G, or of the determined, provide an estimate as determined in good faith employee benefit plan; by a plan fiduciary. You must keep, in accordance with ERISA I. A 10% or more (directly or indirectly in capital or profits) section 107, records showing how the estimate was partner or joint venture of a person described in B, C, D, E, determined. or G. Willful failure to report is a criminal offense. See ERISA Nonexempt transactions with a party-in-interest include section 501. any direct or indirect: Lines 4g and 4h. Current value means fair market value where A. Sale or exchange, or lease, of any property between the available. Otherwise, it means the fair value as determined in plan and a party-in-interest. good faith under the terms of the plan by a trustee or a named B. Lending of money or other extension of credit between fiduciary, assuming an orderly liquidation at time of the the plan and a party-in-interest. determination. See ERISA section 3(26). C. Furnishing of goods, services, or facilities between the An accurate assessment of fair market value is essential to plan and a party-in-interest. a pension plan’s ability to comply with the requirements set D. Transfer to, or use by or for the benefit of, a party-in- forth in the Code (e.g., the exclusive benefit rule of Code interest, of any income or assets of the plan. section 401(a)(2), the limitations on benefits and contributions Instructions for Schedule I (Form 5500) -59- |
under Code section 415, and the minimum funding instructions for Schedule H, line 3d(2) or call the EFAST2 Help requirements under Code section 412) and must be Desk at 1-866-GO-EFAST (1-866-463-3278) (toll-free). determined annually. Note. For plans that check “No,” the IQPA report must make Examples of assets that may not have a readily the appropriate disclosures in accordance with generally determinable value on an established market (e.g., NYSE, accepted auditing standards if the information reported on line AMEX, over the counter, etc.) include real estate, nonpublicly 4a is not presented in accordance with regulatory traded securities, shares in a limited partnership, and requirements. collectibles. Do not check “Yes” on line 4g for mutual fund The following summarizes the conditions of 29 CFR shares or insurance company investment contracts for which 2520.104-46 that must be met for a small pension plan with a the plan receives valuation information at least annually. Also plan year beginning on or after April 18, 2001, to be eligible for do not check ‘‘Yes’’ on line 4g if the plan is a defined the waiver. For more information regarding these contribution plan and the only assets the plan holds, that do requirements, see the EBSA’s Frequently Asked Questions on not have a readily determinable value on an established the Small Pension Plan Audit Waiver Regulation and 29 CFR market, are: (1) participant loans not in default, or (2) assets 2520.104-46, which are available at www.dol.gov/ebsa, or call over which the participant exercises control within the meaning the EFAST2 Help Desk at 1-866-GO-EFAST (1-866-463-3278) of section 404(c) of ERISA. (toll-free) Although the current value of plan assets must be Condition 1: At least 95 percent of plan assets are determined each year, there is no requirement that the assets “qualifying plan assets” as of the end of the preceding plan (other than certain nonpublicly traded employer securities held year, or any person who handles assets of the plan that do not in ESOPs) be valued every year by independent third-party constitute qualifying plan assets is bonded in accordance with appraisers. the requirements of ERISA section 412 (see the instructions Enter in the amount column the fair market value of the for line 4e), except that the amount of the bond shall not be assets referred to on line 4g whose value was not readily less than the value of such non-qualifying assets. determinable on an established market and which were not The determination of the “percent of plan assets” as of the valued by an independent third-party appraiser in the plan end of the preceding plan year and the amount of any required year. Generally, as it relates to these questions, an appraisal bond must be made at the beginning of the plan’s reporting by an independent third party is an evaluation of the value of year for which the waiver is being claimed. For purposes of this an asset prepared by an individual or firm who knows how to line, you will have satisfied the requirement to make these judge the value of such assets and does not have an ongoing determinations at the beginning of the plan reporting year for relationship with the plan or plan fiduciaries except for which the waiver is being claimed if they are made as soon preparing the appraisals. after the date when such year begins as the necessary Line 4i. Include as a single security all securities of the same information from the preceding reporting year can practically issue. An example of a single issue is a certificate of deposit be ascertained. See 29 CFR 2580.412-11, 14 and 19 for issued by the XYZ Bank on July 1, 2021, which matures on additional guidance on these determinations, and 29 CFR June 30, 2023, and yields x%. For the purposes of line 4i, do 2580.412-15 for procedures to be used for estimating these not check ‘‘Yes’’ for securities issued by the U.S. Government amounts if there is no preceding plan year. or its agencies. Also, do not check “Yes” for securities held as The term ‘‘qualifying plan assets,’’ for purposes of this line, a result of participant-directed transactions. means: Line 4j. Check “Yes” if all the plan assets (including 1. Any assets held by any of the following regulated financial insurance/annuity contracts) were distributed to the institutions: participants and beneficiaries, legally transferred to the control a. A bank or similar financial institution as defined in 29 of another plan, or brought under the control of the PBGC. CFR 2550.408b-4(c); Check ‘‘No’’ for a welfare benefit plan that is still liable to pay b. An insurance company qualified to do business under the benefits for claims that were incurred before the termination laws of a state; date, but not yet paid. See 29 CFR 2520.104b-2(g)(2)(ii). c. An organization registered as a broker-dealer under the Line 4k. Check ‘‘Yes’’ if you are claiming a waiver of the Securities Exchange Act of 1934; or annual examination and report of an independent qualified d. Any other organization authorized to act as a trustee for public accountant (IQPA) under 29 CFR 2520.104-46. You are individual retirement accounts under Code section 408. eligible to claim the waiver if the Schedule I is being filed for: 2. Shares issued by an investment company registered under the Investment Company Act of 1940 (e.g., mutual 1. A small welfare plan, or funds); 2. A small pension plan for a plan year that began on or 3. Investment and annuity contracts issued by any after April 18, 2001, that complies with the conditions of 29 insurance company qualified to do business under the laws of CFR 2520.104-46 summarized below. a state; Check ‘‘No’’ and attach the report of the IQPA meeting the 4. In the case of an individual account plan, any assets in requirements of 29 CFR 2520.103-1(b) if you are not claiming the individual account of a participant or beneficiary over which the waiver. Also check ‘‘No,’’ and attach the required IQPA the participant or beneficiary has the opportunity to exercise reports or the required explanatory statement if you are relying control and with respect to which the participant or beneficiary on 29 CFR 2520.104-50 in connection with a short plan year of is furnished, at least annually, a statement from a regulated seven months or less. At the top of any attached 2520.104-50 financial institution referred to above describing the assets held statement, enter “2520.104-50 Statement, Schedule I, Line or issued by the institution and the amount of such assets; 4k.” 5. Qualifying employer securities, as defined in ERISA For more information on the requirements for deferring an section 407(d)(5); and IQPA report pursuant to 29 CFR 2520.104-50 in connection 6. Participant loans meeting the requirements of ERISA with a short plan year of seven months or less and the section 408(b)(1). contents of the required explanatory statement, see the -60- Instructions for Schedule I (Form 5500) |
Condition 2: The administrator must disclose the following determined to be needed for the relevant persons for ERISA information in the summary annual report (SAR) furnished to section 412 purposes is at least $42,000). As demonstrated by participants and beneficiaries, in accordance with 29 CFR the foregoing example, where a plan has more than 5% of its 2520.104b-10. For defined benefit pension plans that are assets in non-qualifying plan assets, the required bond is for required pursuant to section 101(f) of ERISA to furnish an the total amount of the non-qualifying plan assets, not just the Annual Funding Notice (AFN), the administrator must instead amount in excess of 5%. either provide the information to participants and beneficiaries If you need further information regarding these with the AFN or as a stand-alone notification at the time a SAR requirements, see 29 CFR 2520.104-46 which is available at would have been due and in accordance with the rules for www.dol.gov/ebsa or call the EFAST2 Help Desk at 1-866-GO- furnishing an SAR, although such plans do not have to furnish EFAST (1-866-463-3278) (toll-free) a SAR. Line 4l. You must check “Yes” if any benefits due under the 1. The name of each regulated financial institution holding plan were not timely paid or not paid in full. This would include or issuing qualifying plan assets and the amount of such required minimum distributions to 5% owners who have assets reported by the institution as of the end of the plan year attained the applicable ages as described in Code section (this SAR disclosure requirement does not apply to qualifying 401(a)(9)(C)(v) whether or not retired and/or non-5% owners employer securities, participant loans and individual account who have attained the applicable ages as described in Code assets described in paragraphs 4,5 and 6 above); section 401(a)(9)(C)(v) and have retired or separated from 2. The name of the surety company issuing the fidelity bond, service, see Code section 401(a)(9). Include in this amount the if the plan has more than 5% of its assets in non-qualifying total of any outstanding amounts that were not paid when due plan assets; in previous years that have continued to remain unpaid. 3. A notice that participants and beneficiaries may, upon request and without charge, examine or receive from the plan Note. In the absence of other guidance, filers do not need to evidence of the required bond and copies of statements from report on this line unpaid required minimum distribution (RMD) the regulated financial institutions describing the qualifying amounts for participants who have retired or separated from plan assets; and service, or their beneficiaries, who cannot be located after 4. A notice that participants and beneficiaries should contact reasonable efforts or where the plan is in the process of the EBSA Regional Office if they are unable to examine or engaging in such reasonable efforts at the end of the plan year obtain copies of the regulated financial institution statements or reporting period. Plan administrators and employers should evidence of the required bond, if applicable. review their plan documents for written procedures on locating missing participants. Although the Department of Labor’s Field A Model Notice that plans can use to satisfy the enhanced Assistance Bulletin 2014-01 is specifically applicable to SAR (or Annual Funding Notice) disclosure requirements to be terminated defined contribution plans, employers and plan eligible for the audit waiver is available as an Appendix to 29 administrators of ongoing plans may want to consider CFR 2520.104-46. periodically using one or more of the search methods Condition 3: In addition, in response to a request from any described in the FAB in connection with making reasonable participant or beneficiary, the administrator, without charge to efforts to locate RMD-eligible missing participants. the participant or beneficiary, must make available for Line 4m. Check “Yes” if there was a “blackout period.” A examination, or upon request furnish copies of, each regulated blackout period is a temporary suspension of more than three financial institution statement and evidence of any required (3) consecutive business days during which participants or bond. beneficiaries of a 401(k) or other individual account pension Examples. Plan A, which has a plan year that began on or plan were unable to, or were limited or restricted in their ability after April 18, 2001, had total assets of $600,000 as of the end to, direct or diversify assets credited to their accounts, obtain of the 2000 plan year that included: investments in various loans from the plan, or obtain distributions from the plan. A bank, insurance company and mutual fund products of “blackout period” generally does not include a temporary $520,000; investments in qualifying employer securities of suspension of the right of participants and beneficiaries to $40,000; participant loans (meeting the requirements of ERISA direct or diversify assets credited to their accounts, obtain section 408(b)(1)), totaling $20,000; and a $20,000 investment loans from the plan, or obtain distributions from the plan if the in a real estate limited partnership. Because the only asset of temporary suspension is: (1) part of the regularly scheduled the plan that did not constitute a ‘‘qualifying plan asset’’ is the operations of the plan that has been disclosed to participants $20,000 real estate limited partnership investment and that and beneficiaries; (2) due to a qualified domestic relations investment represents less than 5% of the plan’s total assets, order (QDRO) or because of a pending determination as to no fidelity bond is required as a condition for the plan to be whether a domestic relations order is a QDRO; (3) due to an eligible for the waiver for the 2001 plan year. action or a failure to take action by an individual participant or Plan B is identical to Plan A except that of Plan B’s total because of an action or claim by someone other than the plan assets of $600,000 as of the end of the 2000 plan year, regarding a participant’s individual account; (4) by application $558,000 constitutes ‘‘qualifying plan assets’’ and $42,000 of federal securities laws. For more information, see 29 CFR constitutes non-qualifying plan assets. Because 7% – more 2520.101-3 (available at www.dol.gov/ebsa). than 5% – of Plan B’s assets do not constitute ‘‘qualifying plan Line 4n. If there was a blackout period, did you provide the assets,’’ Plan B, as a condition to be eligible for the waiver for required notice not less than 30 days nor more than 60 days in the 2001 plan year, must ensure that it has a fidelity bond in an advance of restricting the rights of participants and amount equal to at least $42,000 covering persons handling its beneficiaries to change their plan investments, obtain loans non-qualifying plan assets. Inasmuch as compliance with from the plan, or obtain distributions from the plan? If so, check ERISA section 412 generally requires the amount of the bond “Yes.” See 29 CFR 2520.101-3 for specific notice requirements be not less than 10% of the amount of all the plan’s funds or and for exceptions from the notice requirement. Also, answer other property handled, the bond acquired for ERISA section “Yes” if one of the exceptions to the notice requirement under 412 purposes may be adequate to cover the non-qualifying 29 CFR 2520.101-3 applies. plan assets without an increase (i.e., if the amount of the bond Line 5a. Check “Yes” if a resolution to terminate the plan was Instructions for Schedule I (Form 5500) -61- |
adopted during this or any prior plan year, unless the with the Form 5500. termination was revoked and no assets reverted to the IRS Form 5310-A, Notice of Plan Merger or Consolidation, employer. If ‘‘Yes’’ is checked, enter the amount of plan assets Spinoff, or Transfer of Plan Assets or Liabilities; Notice of that reverted to the employer during the plan year in Qualified Separate Lines of Business, may be required to be connection with the implementation of such termination. Enter filed at least 30 days before any plan merger or consolidation ‘‘0’’ if no reversion occurred during the current plan year. or any transfer of plan assets or liabilities to another plan. A Form 5500 must be filed for each year the plan has There is a penalty of $25 a day (up to a maximum of $15,000) assets, and, for a welfare benefit plan, if the plan is still for not filing IRS Form 5310-A on time.” In addition, a transfer liable to pay benefits for claims that were incurred before the of benefit liabilities involving a plan covered by PBGC termination date, but not yet paid. See 29 CFR 2520.104b- insurance may be reportable to the PBGC. See PBGC Form 2(g)(2)(ii). 10, Post-Event Notice of Reportable Events, and PBGC Form Line 5b. Enter information concerning assets and/or liabilities 10-Advance, Advance Notice of Reportable Events. transferred from this plan to another plan(s) (including spinoffs) Line 5c. Check “Yes” if the plan was covered by PBGC at any during the plan year. A transfer of assets or liabilities occurs time during the plan year to which the Form 5500 relates and when there is a reduction of assets or liabilities with respect to enter the My PAA generated confirmation number for the one plan and the receipt of these assets or the assumption of premium filing for that plan year reported (see filing receipt). these liabilities by another plan. Enter the name, plan sponsor “Yes” must be checked even if coverage has ceased and/or EIN, and PN for the transferee plan(s) involved on lines 5(b)1, final premiums have been paid before the Form 5500 is due. (2), and (3). If you are uncertain whether the plan is covered under the Do not use a social security number in lieu of an EIN or PBGC termination insurance program, check the box “Not include an attachment that contains visible social security determined” and contact PBGC either by phone at 1-800-736- numbers. The Schedule I and its attachments are open to 2444, by E-mail at coverage@pbgc.gov. If you amended your public inspection, and the contents are public information and premium filing for this plan year, enter the confirmation number are subject to publication on the Internet. Because of privacy for that filing and not for the previous filing(s). Defined concerns, the inclusion of a social security number or any contribution plans and welfare plans do not need to complete portion thereof on this Schedule I or the inclusion of a visible this item. social security number or any portion thereof on an attachment Note: A church defined benefit pension plan that has made an may result in the rejection of the filing. election under Code section 410(d) should see www.pbgc.gov Note. A distribution of all or part of an individual participant’s for the procedures prescribed by PBGC on how to notify PBGC account balance that is reportable on IRS Form 1099-R should that it wishes to have Title IV of ERISA apply to it. not be included on line 5b. Do not submit IRS Form 1099-R -62- Instructions for Schedule I (Form 5500) |
You can apply for an EIN from the IRS online, by fax, or by 2023 Instructions for Schedule MB mail depending on how soon you need to use the EIN. For (Form 5500) more information, see Section 3: Electronic Filing Requirement under the General Instructions to Form 5500 and How to File – Multiemployer Defined Benefit Plan and Electronic Filing Requirement under the General Instructions to Certain Money Purchase Plan Actuarial Form 5500-SF. The EBSA does not issue EINs. Information Note. (1) For split-funded plans, the costs and contributions reported on Schedule MB must include those relating to both General Instructions trust funds and insurance carriers. (2) For plans with funding Who Must File standard account amortization charges and credits, see the instructions for lines 9c and 9h. (3) For terminating As the first step, the plan administrator of any multiemployer multiemployer plans, Code section 412(e)(4) and ERISA defined benefit plan that is subject to the minimum funding section 301(c) provide that minimum funding standards apply standards (see Code sections 412 and 431 and Part 3 of Title I until the last day of the plan year in which the plan terminates of ERISA) must obtain a completed Schedule MB (Form 5500) within the meaning of section 4041A(a)(2) of ERISA. that is prepared and signed by the plan’s enrolled actuary as Accordingly, the Schedule MB is not required to be filed for any discussed below in the Statement by Enrolled Actuary section. later plan year. The plan administrator must retain with the plan records the Schedule MB that is prepared and signed by the plan’s actuary. Statement by Enrolled Actuary Next, the plan administrator of a multiemployer defined An enrolled actuary must sign Schedule MB unless, as benefit plan must ensure that the information from the described above, the plan is a money purchase defined actuary’s Schedule MB is entered electronically into the annual contribution plan that has received a waiver of the minimum return/report being submitted. When entering the information, funding standard. The signature of the enrolled actuary may be whether using EFAST2-approved software or EFAST2’s web- qualified to state that it is subject to attached qualifications. based filing system, all the fields required for the type of plan See Treasury Regulations section 301.6059-1(d) for permitted must be completed (see instructions for fields that need to be qualifications. Except as otherwise provided in these completed). instructions, a stamped or machine produced signature is not acceptable. If the actuary has not fully reflected any final or Further, the plan administrator of a multiemployer defined temporary regulation, revenue ruling, or notice promulgated benefit plan must attach to the Form 5500 an electronic under the statute in completing the Schedule MB, check the reproduction of the Schedule MB prepared and signed by the box on the last line of page 1. If this box is checked, indicate plan’s enrolled actuary. This electronic reproduction must be on an attachment whether an accumulated funding deficiency labeled “MB Actuary Signature” and must be included as a or a contribution that is not wholly deductible would result if the Portable Document Format (PDF) attachment or any actuary had fully reflected such regulation, revenue ruling, or alternative electronic attachment allowable under EFAST2. notice, and label this attachment “Schedule MB – Statement If a money purchase defined contribution plan (including a by Enrolled Actuary.” In addition, the actuary may offer any target benefit plan) has received a waiver of the minimum other comments related to the information contained in funding standard, and the waiver is currently being amortized, Schedule MB. lines 3, 9, and 10 of Schedule MB must be completed but it The actuary must provide the completed and signed need not be signed by an enrolled actuary. In such a case, the Schedule MB to the plan administrator to be retained with the Form 5500 or the Form 5500-SF that is submitted under plan records and included (in accordance with these EFAST2 must include the Schedule MB with lines 3, 9, and 10 instructions) with the Form 5500 that is submitted under completed, but is not required to include a PDF attachment of a EFAST2. The plan’s actuary is permitted to sign the Schedule signed Schedule MB. MB on page one using the actuary’s signature or by inserting Note. Schedule MB does not have to be filed with the Form the actuary’s typed name in the signature line followed by the 5500-EZ regardless of whether it is filed on paper with the IRS actuary’s handwritten initials. The actuary’s most recent or electronically with EFAST2, but, if required, it must be enrollment number must be entered on the Schedule MB that retained (in accordance with the instructions for the Form is prepared and signed by the plan’s actuary. 5500-EZ under the What to File section). Also, the funding standard account for the plan must continue to be maintained, Attachments even if the Schedule MB is not filed. All attachments to the Schedule MB must be properly Check the Schedule MB box on the Form 5500 (Part II, line identified, and must include the name of the plan, the plan 10a(2)) if a Schedule MB is attached to the Form 5500. sponsor’s EIN, and the plan number. Put “Schedule MB” and the line number to which the attachment relates at the top of Lines A through E must be completed for ALL plans. If the each attachment. Do not include attachments that contain a Schedule MB is attached to a Form 5500 or Form 5500-SF, visible social security number. The Schedule MB and its lines A, B, C, and D should include the same information as attachments are open to public inspection, and the contents reported in Part II of the Form 5500 or Form 5500-SF. You are public information and are subject to publication on the may abbreviate the plan name. Internet. Because of privacy concerns, the inclusion of a visible Do not use a social security number in line D in lieu of an social security number or any portion thereof on an attachment EIN. The Schedule MB and its attachments are open to public may result in the rejection of the filing. inspection if filed with a Form 5500 or Form 5500-SF, and the Specific Instructions contents are public information and are subject to publication on the Internet. Because of privacy concerns, the inclusion of a Line 1. All entries must be reported as of the valuation date. social security number or any portion thereof on this Schedule Line 1a. Actuarial Valuation Date. The valuation for a plan MB or any of its attachments may result in the rejection of the year may be as of any date in the plan year, including the first filing. or last day of the plan year. Valuations must be performed Instructions for Schedule MB (Form 5500) -63- |
within the period specified by Code section 431(c)(7) and The current liability must be computed using the mortality ERISA section 304(c)(7). tables referenced in section 1.431(c)(6)-1 of the Treasury Line 1b(1). Current Value of Assets. Enter the current value Regulations. of assets as of the valuation date. The current value is the Each other actuarial assumption used in calculating the same as the fair market value. Do not adjust for items such as current liability must be the same assumption used for the existing credit balance or the outstanding balances of calculating other costs for the funding standard account. See certain amortization bases. Contributions designated for 2023 Notice 90-11, 1990-1 C.B. 319. The actuary must take into should not be included in this amount. Note that this entry may account rates of early retirement and the plan’s early be different from the entry in line 2a. Such a difference may retirement and turnover provisions as they relate to benefits, result, for example, if the valuation date is not the first day of where these would significantly affect the results. the plan year, or if insurance contracts are excluded from Regardless of the valuation date, current liability is computed assets reported on line 1b(1) but not on line 2a. taking into account only credited service through the end of Rollover amounts or other assets held in individual the prior plan year. No salary scale projections should be accounts that are not available to provide defined benefits used in these computations. Do not include the expected under the plan should not be included on line 1b(1), regardless increase in current liability due to benefits accruing during of whether they are reported on the 2023 Schedule H (Form the plan year reported on line 1d(2)(b) in these 5500) (line 1I, column (a)) or Schedule I (Form 5500) (line 1c, computations. column (a)). Additionally, asset and liability amounts must be Line 1d(2)(b). Expected Increase in Current Liability. determined in a consistent manner. Therefore, if the value of Enter the amount by which the current liability is expected to any insurance contracts has been excluded from the amount increase due to benefits accruing during the plan year on reported on line 1b(1), liabilities satisfied by such contracts account of credited service and/or salary changes for the should also be excluded from the liability values reported on current year. One year’s salary scale may be reflected. lines 1c(1), 1c(2), and 1d(2) of the Schedule MB. Line 1d(2)(c). Expected Release From Current Liability Note. If the plan received special financial assistance under for the Plan Year. Enter the expected release from current ERISA section 4262 on or before the valuation date, exclude liability on account of disbursements (including single-sum the value of the special financial assistance account (as distributions) from the plan expected to be paid after the described in IRS Notice 2021-38) as of the valuation date. valuation date but prior to the end of the plan year (see also Line 1b(2). Actuarial Value of Assets. Enter the value of Q&A-7 of Revenue Ruling 96-21, 1996-1 C.B. 64). assets determined in accordance with Code section 431(c)(2) Line 1d(3). Expected Plan Disbursements. Enter the and ERISA section 304(c)(2). Do not adjust for items such as amount of plan disbursements expected to be paid for the the existing credit balance or the outstanding balances of plan year. certain amortization bases, and do not include contributions designated for 2023 in this amount. Line 2. All entries must be reported as of the beginning of the 2023 plan year. Lines 2a and 2b should include all Note. If the plan received special financial assistance under assets and liabilities under the plan except for assets and ERISA section 4262 on or before the valuation date, exclude liabilities attributable to: (1) rollover amounts or other the value of the special financial assistance account (as amounts in individual accounts that are not available to described in IRS Notice 2021-38) as of the valuation date. provide defined benefits, or (2) benefits for which an insurer Line 1c(1). Accrued Liability for Immediate Gain Methods. has made an irrevocable commitment as defined in 29 CFR Complete this line only if you use an immediate gain method 4001.2. (see Revenue Ruling 81-213, 1981-2 C.B. 101, for a definition Line 2a. Current Value of Assets. Enter the current value of immediate gain method). of net assets as of the first day of the plan year. Except for Lines 1c(2)(a), (b), and (c). Information for Plans Using plans with excluded assets as described above, this entry Spread Gain Methods. Complete these lines only if you use a should be the same as reported on the 2023 Schedule H spread gain method (see Revenue Ruling 81-213 for a (Form 5500) (line 1l, column (a)) or Schedule I (Form 5500) definition of spread gain method). (line 1c, column (a)). Note that contributions designated for Line 1c(2)(a). Unfunded Liability for Methods with Bases. the 2023 plan year are not included on those lines. Complete this line only if you use the frozen initial liability or Note. If the plan received special financial assistance under attained age normal cost method. ERISA section 4262 on or before the first day of the plan Lines 1c(2)(b) and (c). Entry Age Normal Accrued Liability year, exclude the value of the special financial assistance and Normal Cost. For spread gain methods, these account (as described in IRS Notice 2021-38) as of the first calculations are used for purposes of the full funding limitation day of the plan year. (see Revenue Ruling 81-13, 1981-1 C.B. 229). Line 2b. Current Liability (beginning of plan year). Enter Line 1d(1). Amount Excluded from Current Liability. the current liability as of the first day of the plan year. Do not Leave line 1(d)(1) blank. include the expected increase in current liability due to benefits accruing during the plan year. See the instructions Line 1d(2)(a). Current Liability. All multiemployer plans, for line 1d(2)(a) for actuarial assumptions used in regardless of the number of participants, must provide the determining current liability. information indicated in accordance with these instructions. The interest rate used to compute the current liability must be Column (1) – Enter the number of participants and in accordance with guidelines issued by the IRS and, pursuant beneficiaries as of the beginning of the plan year in each to the Pension Protection Act of 2006 (PPA), must not be more category (e.g., terminated vested participants). Enter “0” if no than 5 percent above and must not be more than 10 percent participants fall into the category. If the current liability below the weighted average of the rates of interest, as set forth figures are derived from a valuation that follows the first day by the Treasury Department, on 30-year Treasury securities of the plan year, the participant and beneficiary count entries during the 4-year period ending on the last day before the should be derived from the counts used in that valuation in a beginning of the 2023 plan year. -64- Instructions for Schedule MB (Form 5500) |
manner consistent with the derivation of the current liability status, attach a copy of the actuarial certification of such status reported in column (2). to this Schedule MB. Also attach an illustration showing the Column (2) – Enter the current liability attributable to all details (including year-by-year cash flow projections benefits, with subtotals for vested and nonvested benefits in demonstrating the solvency of the plan over the relevant period the case of active participants. Enter “0” if there is no current if the plan is certified as being in critical and declining status) liability attributable to a particular category of participants. providing support for the actuarial certification of status and label the illustration “Schedule MB, line 4b – Illustration Line 2c. This calculation is required under ERISA section Supporting Actuarial Certification of Status.” For example, 103(d)(11). Do not complete if line 2a divided by line 2b(4), if a plan is certified as being in critical status based on Code column (2), is 70% or greater. section 432(b)(2)(B), show the funded percentage (if Line 3. Contributions Made to Plan. Show all employer applicable) and the projection of the funding standard account and employee contributions for the plan year. Include for the year in which the accumulated funding deficiency employer contributions made not later than 2½ months (or occurs. All supporting documentation should include the later date allowed under Code section 431(c)(8) and descriptions of the assumptions used. ERISA section 304(c)(8)) after the end of the plan year. Note. If the plan received special financial assistance under Show only contributions actually made to the plan by the ERISA section 4262, the plan is deemed to be in critical status date this Schedule MB is signed. for plan years beginning with the plan year in which the Add the amounts in both columns (b) and (c) and enter effective date for such assistance occurs and ending with the both results on the total line. All contributions must be last plan year ending in 2051 in accordance with Code section credited toward a particular plan year. 432(b)(7). If any of the contributions reported in line 3 include Line 4c. If, in the plan year in which the Schedule MB is filed, a amounts owed for withdrawal liability, report in line 3(d) the certification was required to be made under Code section total withdrawal liability amounts included in line 3(b). 432(b)(3)(A)(ii) and ERISA section 305(b)(3)(A)(ii) with respect Attach a list showing the date and amount of each to scheduled progress during the plan year for which the withdrawal liability amount included, broken down between Schedule MB is filed, check “Yes” or “No” to reflect the periodic amounts and lump sum amounts. For this purpose, certification. Attach documentation comparing the current include a withdrawal liability payment as a lump sum only if status of the plan to the scheduled progress under the the entire liability is paid in one lump sum or if the payment applicable funding improvement or rehabilitation plan to this from an employer that paid its assessed withdrawal liability Schedule MB. Label the documentation “Schedule MB, line in periodic installments (e.g., monthly or quarterly) in prior 4c – Documentation Regarding Progress Under Funding years settled the remaining liability via one lump sum Improvement or Rehabilitation Plan.” payment during the plan year. Use the format shown below Lines 4d and 4e. If Code C (Critical Status) or Code D (Critical and label this attachment “Schedule MB, Line 3(d) – and Declining Status) was entered on line 4b, an entry on line Withdrawal Liability Amounts.” The attachment may be 4d is required. For purposes of lines 4d and 4e, in determining provided as a structured attachment, e.g., in a spreadsheet whether benefits have been reduced, only adjustable benefits file (CSV format). that would otherwise be protected under Code section Schedule MB, Line 3(d) - Withdrawal Liability Amounts 411(d)(6) and ERISA section 204(g) are taken into account if the plan is certified as being in critical status. Plans that are Payment Periodic Lump Sum Total certified as being in critical and declining status should Date Amounts Amounts Amounts determine whether benefits have been reduced, including all benefits that were adjusted (only adjustable benefits that would otherwise be protected under Code section 411(d)(6) and ERISA section 204(g) are taken into account), any benefits that have been suspended under Code section 432(e)(9), and any benefit reductions due to a partition under ERISA section 4233. For a plan that has benefits suspended under Code section Line 4. Information on Plan Status. All multiemployer plans 432(e)(9) and/or partitioned under ERISA section 4233, attach regardless of the number of participants must provide the a full description of the transaction and label the attachment information indicated in accordance with these instructions. “Schedule MB, Lines 4d and 4e – Description of Benefit Reductions Due to Suspension or Partition.” In addition, Line 4a. All plans enter the funded percentage for monitoring only benefit reductions that are first reflected in line 1c(3) for the plan’s status. This is line 1b(2) divided by line 1c(3). the current year's Schedule MB should be reported, and this Line 4b. Enter the code for the status of the multiemployer amount should not include any amounts previously reported on plan for the plan year, as certified by the plan actuary, (or as any prior year's Schedule MB. elected by the plan sponsor in accordance with Code section Line 4f. If Code C (Critical Status) or Code D (Critical and 432(b)(4)(A) and ERISA section 305(b)(4)(A)) using one of Declining Status) was entered on line 4b you must complete the following codes: line 4f as follows: Code Plan Status If the projections underlying the actuarial certification for the E Endangered Status plan year indicate that the plan is: S Seriously Endangered Status Projected to emerge from critical status within 30 years, C Critical Status enter the plan year in which the plan is projected to emerge D Critical and Declining Status from critical status. N Not in Endangered or Critical Status Projected to become insolvent within 30 years, check the box provided and enter the plan year in which the If the plan is certified to be in endangered status, seriously insolvency is expected. In addition, attach an illustration endangered status, critical status, or critical and declining Instructions for Schedule MB (Form 5500) -65- |
showing year-by-year cash flow projections for the period is required if the shortfall funding method is adopted at a beginning with the plan year and ending with the year the later time, if a specific computation method is changed, or if plan is projected to become insolvent (or, if earlier, the 19 th the shortfall method is discontinued. In such a case there is year after the plan year) and a summary of the no automatic limitation on benefit increases. assumptions underlying the projections. Label this Line 6. Actuarial Assumptions. If gender-based attachment “Schedule MB, line 4f – Cash Flow assumptions are used in developing plan costs, enter those Projections.” rates where appropriate in line 6. Note that requests for Neither projected to emerge from critical status nor become gender-based cost information do not suggest that gender- insolvent within 30 years, enter “9999.” In addition, attach based benefits are legal. If unisex tables are used, enter the an illustration showing year-by-year cash flow projections values in both “Male” and “Female” lines. Check “N/A” for for the 20-year period beginning with the plan year and a line 6b if the question is not applicable. summary of the assumptions underlying the projections. Attach a statement of actuarial assumptions (if not fully Label this attachment “Schedule MB, line 4f – Cash Flow described by line 6) and actuarial methods used to calculate Projections.” the figures shown in lines 1 and 9 (if not fully described by Line 5. Actuarial Cost Method. Enter the primary method line 5), and label the statement “Schedule MB, line 6 – used. If the plan uses one actuarial cost method in one year as Statement of Actuarial Assumptions/Methods.” The the basis of establishing an accrued liability for use under the statement must describe all actuarial assumptions used to frozen initial liability method in subsequent years, answer as if determine the liabilities. For example, the statement for non- the frozen initial liability method was used in all years. The traditional plans (e.g., cash balance plans) must include the projected unit credit method is included in the “Accrued benefit assumptions used to convert balances to annuities. (unit credit)” category of line 5c. If a method other than a Also attach a summary of the principal eligibility and method listed on lines 5a through 5g is used, check the box for benefit provisions on which the valuation was based, line 5i and specify the method. For example, if a modified including the status of the plan (e.g., eligibility frozen, individual level premium method for which actuarial gains and service/pay frozen, benefits frozen), optional forms of losses are spread as a part of future normal cost is used, benefits, special plan provisions, including those that apply check the box for 5i and describe the cost method. only to a subgroup of employees (e.g., those with imputed Check the appropriate box for the underlying actuarial service), supplemental benefits, an identification of benefits cost method used as the basis for this plan year’s funding not included in the valuation (e.g., shutdown benefits), a standard account computation. If box 5h is checked, enter description of any significant events that occurred during the the period of use of the shortfall method in line 5j. For this year, a summary of any changes in principal eligibility or purpose, enter the calendar year (YY) which includes the benefit provisions since the last valuation, a description (or first day of the plan year in which the shortfall method was reasonably representative sample) of plan early retirement first used. factors, and any change in actuarial assumptions or cost Changes in funding methods include changes in actuarial methods and justifications for any such change (see section cost method, changes in asset valuation method, and changes 103(d) of ERISA). Label the summary “Schedule MB, line 6 in the valuation date of plan costs and liabilities or of plan – Summary of Plan Provisions.” assets. Changes in the funding method of a plan include not Also, include any other information needed to disclose the only changes to the overall funding method used by the plan, actuarial position of the plan fully and fairly, including the but also changes to each specific method of computation used weighted average retirement age. in applying the overall method. Generally, these changes Line 6a. Current Liability Interest Rate. Enter the interest require IRS approval. If the change was made pursuant to rate used to determine current liability. The interest rate used Revenue Procedure 2000-40, 2000-2 C.B. 357, or pursuant must be in accordance with the guidelines issued by the IRS to other automatic approval, check “Yes” for line 5l. If approval and, pursuant to PPA, must not be more than 5 percent was granted for this plan by either an individual ruling letter or above and must not be more than 10 percent below the a class ruling letter, enter the date of the applicable ruling letter weighted average of the rates of interest, as set forth by the in line 5m. Note that the plan sponsor's agreement to certain Treasury Department, on 30-year Treasury securities during changes in funding methods should be reported on line 8 of the 4-year period ending on the last day before the Schedule R (Form 5500). beginning of the 2023 plan year. Enter the rate to the Shortfall Method: Only certain plans may elect the shortfall nearest .01 percent. funding method (see Treasury Regulations section Line 6b. Check “Yes,” if the rates in the contract were used 1.412(c)(1)-2). Advance approval from the IRS for the (e.g., purchase rates at retirement). election of the shortfall method of funding is NOT required if Line 6c. Mortality Table. The mortality table published in it is first adopted for the first plan year to which Code section 412 applies. In addition, pursuant to PPA section 201(b), a section 1.431(c)(6)-1 of the Treasury Regulations must be used plan does NOT need advance approval from the IRS to in the calculation of current liability for non-disabled lives. Enter adopt or cease using the shortfall method if the plan (1) has the mortality table code for non-disabled lives used for valuation purposes as follows: not adopted or ceased using the shortfall method during the 5-year period ending on the day before the date the plan is to use the method, and (2) is not operating under an amortization period extension and did not operate under such an extension during such 5-year period. In such a case, check “Yes” for line 5l. If a plan utilizes this automatic approval to apply the shortfall method, the benefit increase limitations of Code section 412(c)(7) apply. If a plan is not eligible for automatic approval as set forth in the preceding paragraph, advance approval from the IRS -66- Instructions for Schedule MB (Form 5500) |
• If “Other” is checked, attach a description of the interest rate used for this purpose and label this attachment “Schedule MB, line 6f(1) – Description of Withdrawal Mortality Table Code Liability Interest Rate.” Mortality Tables with Base Year in 1970s or Earlier ............. 1 Line 6g. Estimated Investment Return – Actuarial Value. Mortality Tables with Base Year in 1980s ............................ 2 Enter the estimated rate of return on the actuarial value of Mortality Tables with Base Year in 1990s ............................ 3 plan assets for the 1-year period ending on the valuation date. For this purpose, the rate of return is determined by Mortality table applicable to current plan year under using the formula 2I/(A + B – I), where I is the dollar amount section 1.431(c)(6)-1 of the Income Tax Regulations .......... 4 of the investment return under the asset valuation method used for the plan, A is the actuarial value of the assets one RP-2014 ………………...………………….….…………....5 year ago, and B is the actuarial value of the assets on the RP-2014 (Blue Collar) ……………………………….........6 current valuation date. Enter rates to the nearest .1 percent. If entering a negative number, enter a minus sign (“ – ”) to RP-2014 (adjusted to 2006 Base Year) …………….…...7 the left of the number. Pri-2012 ......................................................................... .8 Note. Use the above formula even if the actuary feels that the Pri-2012 (Blue Collar) .................................................... 9 result of using the formula does not represent the true estimated rate of return on the actuarial value of plan assets for Other ...................................................................................A the 1-year period ending on the valuation date. The actuary None ................................................................................... 0 may attach a statement showing both the actuary’s estimate of the rate of return and the actuary’s calculations of that rate, Where an indicated table consists of separate tables for and label the statement “Schedule MB, line 6g – Estimated males and females, add F to the female table (e.g., 1F). Rate of Investment Return (Actuarial Value).” When a projection is used with a table, follow the code with Line 6h. Estimated Investment Return – Current (Market) “P” and the year of projection (omit the year if the projection Value. Enter the estimated rate of return on the current value is unrelated to a single calendar year). The identity of the of plan assets for the 1-year period ending on the valuation projection scale should be omitted from line 6c, but a date. (The current value is the same as the fair market value — description of projection techniques, including the projection see line 1b(1) instructions.) For this purpose, the rate of return scales used, should be included in the Schedule MB, line 6 is determined by using the formula 2I/(A + B – I), where I is – Statement of Actuarial Assumptions/Methods. When the dollar amount of the investment return, A is the current an age setback or set forward is used, indicate with “ – ” or value of the assets one year ago, and B is the current value of “+” and the number of years. For example, if for females the the assets on the current valuation date. Enter rates to the 1983 G.A.M. Table (solely per Revenue Ruling 95-28) with nearest .1 percent. If entering a negative number, enter a projection to 2022 is used with a 5-year setback, enter minus sign (“ – ”) to the left of the number. “2FP22-5.” If the table is not one of those listed, enter “A” with no further notation. If the valuation assumes a maturity Note. Use the above formula even if the actuary feels that the value to provide the post-retirement income without result of using the formula does not represent the true separately identifying the mortality, interest and expense estimated rate of return on the current value of plan assets for elements, enter on line 6c, under “Post-retirement,” the value the 1-year period ending on the valuation date. The actuary of $1.00 of monthly pension beginning at the plan’s weighted may attach a statement showing both the actuary’s estimate of average retirement age, assuming the normal form of the rate of return and the actuary’s calculations of that rate, annuity for an unmarried person. In such a case, leave lines and label the statement “Schedule MB, line 6h – Estimated 6d and 6e blank. Rate of Investment Return (Current Value).” Line 6d. Valuation Liability Interest Rate. Enter the Line 6i. Expense Load Included in Normal Cost. If the assumption as to the interest rate used to determine all the normal cost reported in line 9b does not include a load for calculated values except for current liability. If the assumed administrative or investment expenses, check the “N/A” box. rate varies with the year, enter the weighted average of the Otherwise, provide information in lines 6i(1), 6i(2), or 6i(3), assumed rate for 20 years following the valuation date. Enter whichever is applicable, about the expense load included in rates to the nearest .01 percent. the normal cost. If the expense load is described as a percentage of normal cost, the reported percentage in line Line 6e. Salary Scale. If a uniform level annual rate of 6i(1) should be the expense load as a percent of the salary increase is used, enter that annual rate. Otherwise, unloaded normal cost. For example, if the expense load is enter the level annual rate of salary increase that is 5% of the normal cost, the unloaded normal cost is $100,000 equivalent to the rate(s) of salary increase used. Enter the and the reported normal cost is $105,000, enter 5%, not annual rate as a percentage to the nearest .01 percent, used 4.8% (i.e., $5,000/$105,000). Enter rates to the nearest .1 for a participant from age 25 to assumed retirement age. If percent. the plan’s benefit formula is not related to compensation, check the “N/A” box. Line 7. New Amortization Bases Established. List all new amortization bases established in the current plan year (before Lines 6f(1) and 6(f)(2). Withdrawal Liability Interest Rate. the combining of bases, if bases were combined). Use the In line 6f(1), check the box that describes the type of interest following table to indicate the type of base established and rate assumption used to determine the present value of enter the appropriate code under “Type of base.” List vested benefits for withdrawal liability determinations for amortization bases and charges and/or credits as of the employers withdrawing during the plan year. If the present valuation date. Bases that are considered fully amortized value of vested benefits noted above was not determined by because there is a credit for the plan year on line 9j(3) should the time the Form 5500 is filed, check “N/A”. In addition: be listed. If entering a negative number, enter a minus sign (“– • If “Single rate” is checked, enter the single rate in line ”) to the left of the number. 6f(2). Instructions for Schedule MB (Form 5500) -67- |
Use the format shown below and label the schedule Code Type of Amortization Base “Schedule MB, line 8b(1) – Schedule of Projection of 1 Experience gain or loss Expected Benefit Payments.” The attachment may be 2 Shortfall gain or loss provided as a structured attachment, e.g., in a spreadsheet 3 Change in unfunded liability due to plan file (CSV format). amendment 4 Change in unfunded liability due to change in Schedule MB, line 8b(1) – Schedule of Projection of Expected actuarial assumptions Benefit Payments 5 Change in unfunded liability due to change in Retired actuarial cost method Participants 6 Waiver of the minimum funding standard and Terminated Beneficiaries 7 Initial unfunded liability (for new plan) Active Vested Receiving 8 Net investment losses and other losses related to Plan Year Participants Participants Payments Total the virus SARS-CoV-2 or coronavirus disease 2019 (COVID) incurred in either or both of the first Current Plan Year two plan years ending after February 29, 2020 Current Plan Year For purposes of Code 8, other losses related to COVID- + 1 19 include (but are not limited to) losses related to reductions in contributions, reductions in employment, and Etc. deviations from anticipated retirement rates, as determined by the plan sponsor. Current Plan Year Line 8a and 8d. Funding Waivers or Extensions. If a + 49 funding waiver or extension request is approved after the Schedule MB is filed, an amended Schedule MB must be Line 8b(2). Schedule of Active Participant Data. Check filed with Form 5500 to report the waiver or extension “Yes” only if this is a multiemployer plan covered by Title IV approval (also see instructions for line 9k(1)). of ERISA that has active participants. Line 8b(1). Schedule of Projection of Expected Benefit If line 8b(2) is “Yes,” attach a schedule of the active plan Payments. Check “Yes” only if this is a multiemployer plan participant data used in the valuation for this plan year. Use covered by Title IV of ERISA that has 1,000 or more total the format shown below and label the attachment “Schedule participants as of the beginning of the plan year (i.e., MB, line 8b(2) – Schedule of Active Participant Data.” reported on line 2b(4), column (1)). The attachment may be provided as a structured If line 8b(1) is “Yes,” in an attachment, provide a attachment, e.g., in a spreadsheet file (CSV format). projection of benefits expected to be paid separately for Expand this schedule by adding columns after the “5 to active participants, terminated vested participants, and 9” column and before the “40 & up” column for active retired participants and beneficiaries receiving payments, participants with total years of credited service in the and for the entire plan (not to include expected expenses) in following ranges: 10 to 14; 15 to 19; 20 to 24; 25 to 29; 30 to each of the next fifty years starting with the plan year and 34; and 35 to 39. For each column, enter the number of based on the participant’s status as of the valuation date. active participants with the specified number of years of For purposes of this projection, assume (1) no additional credited service divided according to age group. For accruals, (2) experience (e.g., termination, mortality, and participants with partial years of credited service, truncate retirement) is in line with valuation assumptions, (3) no new the total number of years of credited service. Years of entrants, and (4) benefits are paid in the form assumed for credited service are the years credited under the plan’s valuation purposes. benefit formula. Schedule MB, line 8b(2) – Schedule of Active Participant Data YEARS OF CREDITED SERVICE Under 1 1 to 4 5 to 9 40 & up Average Average Average Average Attained N Age No. Comp. Accrued No. Comp. Accrued No. Comp. Accrued No. Comp. Accrued Mon. Ben. Mon. Ben. Mon. Ben. Mon. Ben. Under 25 25 to 29 30 to 34 35 to 39 40 to 44 45 to 49 50 to 54 55 to 59 60 to 64 65 to 69 70 & up -68- Instructions for Schedule MB (Form 5500) |
Plans reporting 1,000 or more active participants on line Current 2b(3)(c), column (1), and using compensation to determine plan year + 9 benefits must also provide average compensation data. For each grouping, enter the average compensation of the active Line 9. Shortfall Method. Under the shortfall method of participants in that group. For this purpose, compensation is funding, the normal cost in the funding standard account is the compensation taken into account for each participant the charge per unit of production (or per unit of service) under the plan’s benefit formula, limited to the amount multiplied by the actual number of units of production (or defined under section 401(a)(17) of the Code. Do not enter units of service) that occurred during the plan year. Each the average compensation in any grouping that contains amortization installment in the funding standard account is fewer than 20 participants. similarly calculated. Plans reporting 1,000 or more active participants on line Lines 9c and 9h. Amortization Charges and Credits. If 2b(3)(c), column (1), must also provide average accrued there are any amortization charges or credits, attach a monthly benefits, as of the valuation date, that are payable maintenance schedule of funding standard account bases at normal retirement age. For each grouping, enter the and label the schedule “Schedule MB, lines 9c and 9h – average accrued monthly benefit that is payable at normal Schedule of Funding Standard Account Bases.” The retirement age for the active participants in that group. Do attachment should clearly indicate the type of base (i.e., not enter the average accrued monthly benefit in any original unfunded liability, amendments, actuarial losses, grouping that contains fewer than 20 participants. etc.), the outstanding balance of each base, the number of years remaining in the amortization period, and the General Rule. In general, data to be shown in each amortization amount. If bases were combined in the current age/service bin includes: year, the attachment should show information on bases both 1. the number of active participants in the age/service prior to and after the combining of bases. bin, The outstanding balance and amortization charges and 2. the average compensation of the active participants in credits must be calculated as of the valuation date for the the age/service bin, and plan year. 3. the average accrued monthly benefit payable at normal retirement age of the active participants in the Line 9c(3) should only include information related to the age/service bin, using $0 for anyone who has no accrued amortization bases extended and amortized using the monthly benefit. interest rate under section 6621(b) of the Code. In general, information should be determined as of the Line 9d. Interest as Applicable. Interest as applicable valuation date. Average accrued monthly benefits may be should be charged to the last day of the plan year. determined as of either: Line 9f. Note that the credit balance or funding deficiency at 1. the valuation date or the end of “Year X” should be equal to the credit balance or 2. the day immediately preceding the valuation date. funding deficiency at the beginning of “Year X+1.” If such credit balances or funding deficiencies are not equal, attach Line 8b(3). Schedule of Projection of Employer an explanation and label the attachment “Schedule MB, line Contributions and Withdrawal Liability Payments. Check 9f – Explanation of Prior Year Credit Balance/Funding “Yes” only if this is a multiemployer plan covered by Title IV Deficiency Discrepancy.” For example, if the difference is of ERISA that has 1,000 or more total participants as of the because contributions for a prior year that were not beginning of the plan year (i.e., reported on line 2b(4), previously reported are received this plan year, attach a column (1)). If line 8b(3) is “Yes,” in an attachment, listing of the amounts and dates of such contributions. As separately provide a projection of employer contributions another example, if the difference is due to the application of and withdrawal liability payments expected to be received for funding relief under the Preservation of Access to Care for the entire plan in each of the next ten plan year starting with Medicare Beneficiaries and Pension Relief Act of 2010 (PRA the plan year. For purposes of this projection, use the 2010), Pub. L. No. 111-192, the attachment should show assumption used to determine the plan’s status under line how the information on the Schedule MB filed for any 4b. Use the format shown below and label the schedule previous plan year would have differed if it had reflected “Schedule MB, line 8b(3) – Schedule of Projection of application of the special funding relief in accordance with Employer Contributions and Withdrawal Liability published guidance (to the extent that the plan sponsor has Payments.” The attachment may be provided as a applied the special funding relief). structured attachment, e.g., in a spreadsheet file (CSV format). Line 9j(1). ERISA Full Funding Limitation. Instructions for this line are reserved pending published guidance. Schedule MB, line 8b(3) – Schedule of Projection of Employer Line 9j(2). “RPA ’94” Override. Instructions for this line are Contributions and Withdrawal Liability Payments reserved pending published guidance. Withdrawal Employer Liability Line 9j(3). Full Funding Credit. Enter the excess of (1) the Plan Year Contributions Payments Total accumulated funding deficiency, disregarding the credit balance and contributions for the current year, if any, over Current (2) the greater of lines 9j(1) or 9j(2). Plan Year Current Line 9k(1). Waived Funding Deficiency Credit. Enter a Plan Year + credit for a waived funding deficiency for the current plan 1 year (Code section 431(b)(3)(C)). If a waiver of a funding deficiency is pending, report a funding deficiency. If the Etc. waiver is granted after Form 5500 or Form 5500-SF is filed, file an amended Form 5500 or Form 5500-SF, as applicable, with an amended Schedule MB to report the funding waiver Instructions for Schedule MB (Form 5500) -69- |
(see Amended Return/Report in the instructions for Form decreased by the year end amortization amount based on 5500 or line B – Box for Amended Return/Report in the the amortization interest rate from the prior plan year. instructions for Form 5500-SF, as applicable). Line 9o(3). Enter the sum of lines 9o(1) and 9o(2)(b) (each Line 9k(2). Other Credits. Enter a credit in the case of a adjusted with interest at the valuation rate to the current plan for which the accumulated funding deficiency is valuation date, if necessary). determined under the funding standard account if such plan Note. The net outstanding balance of amortization charges year follows a plan year for which such deficiency was and credits minus the prior year’s credit balance minus the determined under the alternative minimum funding standard. amount on line 9o(3) (each adjusted with interest at the Line 9o. Reconciliation Account. The reconciliation valuation rate, if necessary) generally equals the unfunded account is made up of those components that upset the liability. balance equation of Treasury Regulations section Line 10. Contribution Necessary to Avoid Deficiency. 1.412(c)(3)-1(b). Valuation assets must not be adjusted by Enter the amount from line 9n. If applicable, file IRS Form the reconciliation account balance when computing the 5330, Return of Excise Taxes Related to Employee Benefit required minimum funding. Plans, with the IRS to pay the excise tax on the funding Line 9o(1). This amount is equal to the prior year’s deficiency. There is a penalty for not filing the Form 5330 on accumulated reconciliation amount due to prior waived time. funding deficiencies, increased with interest at the valuation Line 11. In accordance with ERISA section 103(d)(3), attach rate to the current valuation date. a justification for any change in actuarial assumptions for the Line 9o(2)(a). If an amortization extension is being current plan year and label the attachment “Schedule MB, amortized at an interest rate that differs from the valuation line 11 – Justification for Change in Actuarial rate, enter the prior year’s “reconciliation amortization Assumptions.” extension outstanding balance,” increased with interest at the valuation interest rate to the current valuation date, and -70- Instructions for Schedule MB (Form 5500) |
(b) Professional Employer Organization Plan (PEO Plan). 2023 Instructions for Schedule MEP Check this box if the Schedule MEP is being filed for a defined (Form 5500) contribution MEP that is a Professional Employer Organization Plan (PEO Plan) and complete Part II. For this purpose, a Multiple-Employer Retirement Plan professional employer organization (PEO) is a human-resource Information company that contractually assumes certain employer responsibilities of its client employers. A defined contribution General Instructions pension plan sponsored by a PEO is a MEP that is a PEO Plan if the PEO: (1) performs substantial employment functions on The Schedule MEP provides information about multiple- behalf of its client employers and maintains adequate records employer pension plans (MEPs). It consists of three parts. All relating to such functions; (2) has substantial control over the MEPs must complete Parts I and II to indicate the specific type functions and activities of the MEP as the plan sponsor, the plan of plan or arrangement, to complete a list of participating administrator, and a named fiduciary and continues to have plan employers, and to provide certain required information. obligations to MEP participants after the client employer no Part III only needs to be completed by pooled employer longer contracts with the organization; (3) ensures that each plans to answer questions specific to pooled employer plans. client employer that adopts the MEP acts directly as an Remember to check the Schedule MEP box on the Form employer of at least one employee that is a participant covered 5500 (Part II, line 10a(5)) if a Schedule MEP is attached to the under the MEP; (4) ensures that participation in the MEP is Form 5500. available only to employees and former employees of the PEO and client employers and to employees and former employees Who Must File of former client employers who became participants during the Schedule MEP (Form 5500) must be attached to a Form 5500 contract period between the PEO and former client employers, or Form 5500-SF filed for a pension plan that checks the and their beneficiaries; and (5) meets any other applicable “multiple-employer plan” box on Part I of Form 5500 or Form conditions under 29 CFR 2510.3-55(c). 5500-SF, to provide information specific to such plan, including Do not check this box for a defined benefit plan sponsored a list of participating employers and related information. by a PEO. See instructions for element (d) Other Multiple- Multiple-employer welfare plans are not required to file the Employer Pension Plan. Schedule MEP but must include an attachment to report the (c) Pooled Employer Plan. Check this box if the Schedule MEP participating employer information in accordance with the is being filed for a defined contribution MEP that is a pooled instructions for the “multiple-employer plan” box on Part I of employer plan and complete Parts II and III. A plan operated by Form 5500. a “pooled plan provider” is a pooled employer plan if: (1) the Specific Instructions plan is an individual account plan established or maintained for the purpose of providing benefits to the employees of two or Part I Type of Multiple-Employer Pension Plan more employers; (2) the plan is a qualified retirement plan, a Line 1. For purposes of completing the Schedule MEP, from plan that consists of annuity contracts described in Code section among (a) to (d) described below, check the box on line 1 that 403(b) that also meets the requirements of Code section best describes the type of plan. Filers must check one of the 403(b)(15), or a plan funded entirely with individual retirement four boxes. accounts (IRA-based plan); and (3) the terms of the plan meet (a) Association Retirement Plan. Check this box if the certain requirements set forth in ERISA section 3(43). Schedule MEP is being filed for a defined contribution MEP that A “pooled plan provider” with respect to a pooled employer is an Association Retirement Plan and complete Part II. A plan is defined in ERISA section 3(44) and Code section 413(e) defined contribution pension plan sponsored by a bona fide to mean a person that: group or association of employers is a MEP that is an 1. is designated by the terms of the plan as a named Association Retirement Plan if: (1) the group or association has fiduciary under ERISA, as the plan administrator, and as the at least one substantial business purpose unrelated to offering person responsible for performing all administrative duties that and providing employee benefits to its employer members and are reasonably necessary to ensure that the plan meets the their employees; (2) each employer member directly acts as an Code requirements for tax-favored treatment and the employer of at least one employee participating in the MEP; (3) requirements of ERISA and for ensuring that each employer in the group or association has a formal organizational structure; the plan takes actions as the Secretary of Labor or the pooled (4) the group or association is controlled by its employer plan provider determines necessary for the plan to meet Code members; (5) employer members of the group or association and ERISA requirements, including providing to the pooled plan have a commonality of interest; (6) plan participation is limited to provider any disclosures or other information that the Secretary employees and former employees of its employer members, and may require or that the pooled plan provider otherwise their beneficiaries; (7) the group or association must not be a determines are necessary to administer the plan or to allow the bank or trust company, insurance issuer, broker-dealer, or other plan to meet Code and ERISA requirements; similar financial services firm (including a pension record keeper or third-party administrator) or owned or controlled by such an 2. acknowledges in writing its status as a named fiduciary entity or any subsidiary or affiliate of such an entity, other than under ERISA and as the plan administrator; to the extent such an entity, subsidiary, or affiliate participates in 3 is responsible for ensuring that all persons who handle . the group or association in its capacity as an employer member; plan assets or are plan fiduciaries are bonded in accordance and (8) the group or association meets any other applicable with ERISA requirements; and conditions under 29 CFR 2510.3-55(b). 4. registers as a pooled plan provider by filing a Form PR in Do not check this box for a defined benefit plan sponsored accordance with 29 CFR 2510.3-44. by a bona fide group or association of employers. See Note. The term “pooled employer plan” does not include a instructions for (d) Other Multiple-Employer Pension Plan. multiemployer plan or plan maintained by employers that have a commonality of interest other than having adopted the plan. The Instructions for Schedule MEP (Form 5500) -71- |
term also does not include a plan established before January 1, employer and participant contributions) made by all participating 2021, which is the effective date of the SECURE Act provisions employers during the plan year. The percentage may be allowing pooled employer plans to begin operating, unless the rounded to the nearest whole percentage. Any employer that plan administrator elects to have the plan treated as a pooled was obligated to make contributions to the plan for the plan employer plan and the plan meets the Code and ERISA year, who made contributions to the plan for the plan year, or requirements applicable to a pooled employer plan established whose employees were covered under the plan for the plan year on or after such date, including the requirement that the pooled is a “participating employer” for this purpose. If a participating plan provider file a Form PR with the Department of Labor employer made no contributions for the plan year (including before beginning to operate any pooled employer plan(s). participant contributions), enter “-0-” on line 2c. The pooled plan provider must be the same as the person Line 2d. If this filing is for a defined contribution MEP, enter the identified as the plan sponsor and administrator in Part II of aggregate account balances for each participating employer, the Form 5500 and plan administrator on line C of Schedule determined as the sum of the account balances of the MEP. All information for the pooled employer plan and the employees of such employer (and the beneficiaries of such pooled plan provider operating the plan reported on the Form employees). For line 2d, the aggregate account balance 5500, including Schedule MEP, must match the information attributable to each employer is the sum of the account reported on the Form PR. Failure to use consistent identifying balances of the employees of such employer and their information could result in correspondence from the Department beneficiaries at the end of the year. Consistent with the of Labor or the Internal Revenue Service. information on the schedule of the assets for the plan as a (d) Other Multiple-Employer Pension Plan. Check this box, whole, use the end-of-year valuation to calculate the amount of describe the type of MEP (e.g., defined benefit MEP or the aggregate account balances of each employer. The collectively-bargained multiple-employer pension plan that did amounts can be rounded to the nearest dollar, consistent with not elect to be treated as a multiemployer plan) and complete other asset reporting on the forms and schedules. Part II of the Schedule MEP if the Schedule MEP is being filed Line 2e. If the plan includes any individuals not participating for a plan that is maintained by more than one employer and is through an employer or who are individual working owners, not one of the plans already described. answer “Yes” to line 2e and complete lines 2f and 2g. Do not Note. A MEP can be collectively bargained and collectively identify such individuals on line 2a. For purposes of completing funded, but if covered by PBGC termination insurance, must this schedule, a “working owner” has the same meaning as in 29 have properly elected before September 27, 1981, not to be CFR 2510.3-55(d)(2). treated as a multiemployer plan under Code section 414(f)(5) or Line 2f. If the answer to line 2e is “Yes,” enter a good faith ERISA sections 3(37)(E) and 4001(a)(3) and have not revoked estimate of the percentage of total contributions made by all that election or made an election to be treated as a such individuals that are not listed on line 2a. The amounts multiemployer plan under Code section 414(f)(6) or ERISA listed in line 2c and line 2f must equal 100 percent (with a section 3(37)(G). permitted variance of less than 1 percent due to rounding). Part II Multiple-Employer Plan Participating Employer Line 2g. If the answer to line 2e is “Yes,” enter the aggregate Information. account balances for all individuals who are not listed on line 2a. All MEPs (including association retirement plans, PEO plans, Part III. Pooled Employer Plan Information. pooled employer plans, and other multiple-employer pension If this filing is for a pooled employer plan, you must complete plans) must complete Part II to report the information for each Part III. participating employer in the MEP filing the Form 5500. All Line 3. To be able to operate one or more pooled employer MEPs complete lines 2a-2c. Defined contribution MEPs also plans, pooled plan providers must satisfy a number of complete line 2d. conditions, including compliance with the Form PR (Pooled Plan Complete as many entries as needed to list the required Provider Registration) requirements. See 29 CFR 2510.3-44. information for each participating employer that is not an Line 3a. Pooled employer plans must answer whether the individual person. pooled plan provider (identified as the plan sponsor and Note. If there are any working owners without employees administrator in Part II of the Form 5500 and line C of Schedule participating in the plan, answer “Yes” to line 2e and provide the MEP) has complied with the Form PR registration requirements. percentage of total contribution and aggregate account balance Line 3b. If line 3a is “Yes,” enter in line 3b the Receipt information for all such individuals on lines 2f and 2g, without Confirmation Code (ACK ID) for the most recent Form PR that providing names or other identifying information. was required to be filed under the Form PR filing requirements. Line 2a. Enter the name of each participating employer in line The ACK ID is the acknowledgement code generated by the 2a. system in response to a completed Form PR being submitted. Line 2b. Enter the EIN of each participating employer. The instructions to the Form PR advise the pooled plan Do not enter an SSN in lieu of an EIN. The Schedule MEP provider that it must keep, under ERISA section 107, the is open to public inspection, and the contents are public electronic receipt for the Form PR filing as part of the records of information and are subject to publication on the Internet. the pooled employer plans operated by the pooled plan Because of privacy concerns, the inclusion of an SSN or any provider. portion thereof on a Schedule MEP may result in the rejection of Failure to enter a valid Receipt Confirmation Code (ACK ID) the filing. for the pooled plan provider’s most recent Form PR will subject Line 2c. Enter a good faith estimate of each participating the Form 5500 filing to rejection as incomplete. employer’s percentage of the total contributions (including -72- Instructions for Schedule MEP (Form 5500) |
Part I – Distributions 2023 Instructions for Schedule R “Distribution” includes only payments of benefits during the (Form 5500) plan year, in cash, in kind, by purchase for the distributee of an annuity contract from an insurance company, or by distribution Retirement Plan Information of life insurance contracts. It does not include: 1. Corrective distributions of excess deferrals, excess General Instructions contributions, or excess aggregate contributions, or the income Purpose of Schedule allocable to any of these amounts; Schedule R (Form 5500) reports certain information on 2. Distributions of automatic contributions pursuant to Code retirement plan distributions, funding, nondiscrimination, section 414(w); coverage, and the adoption of amendments, as well as certain 3. The distribution of elective deferrals or the return of information on single-employer and multiemployer defined employee contributions to correct excess annual additions benefit plans. under Code section 415, or the gains attributable to these amounts; and Electronic Attachments. All attachments to Schedule R must 4. A loan deemed as a distribution under Code section be properly identified, must include the name of the plan, plan 72(p). sponsor’s EIN, and plan number. Place “Schedule R” and the Schedule R line number at the top of each attachment to Note. It does, however, include a distribution of a plan loan identify the information to which the attachment relates. Do not offset amount as defined in Treasury Regulations section include attachments that contain a visible social security 1.402(c)-2, Q&A 9(b). number. The Schedule R and its attachments are open to Line 1. Enter the total value of all distributions made during the public inspection, and the contents are subject to publication year (regardless of when the distribution began) in any form on the Internet. Because of privacy concerns, the inclusion of a other than cash, annuity contracts issued by an insurance visible social security number or any portion thereof on an company, distribution of life insurance contracts, marketable attachment may result in the rejection of the filing. securities within the meaning of Code section 731(c)(2), or Who Must File plan loan offset amounts. Do not include eligible rollover distributions paid directly to eligible retirement plans in a direct Schedule R must be attached to a Form 5500 filed for both tax- rollover under Code section 401(a)(31) unless such direct qualified and nonqualified pension benefit plans. Schedule R rollovers include property other than that enumerated in the should not be completed for a DCG reporting group as each preceding sentence. individual plan participating in a DCG reports Part VII IRS Compliance information on Schedule DCG. The parts of Line 2. Enter the EIN(s) of any payor(s) (other than the plan Schedule R that must be completed depend on whether the sponsor or plan administrator on line 2b or 3b of the Form plan is subject to the minimum funding standards of Code 5500) who paid benefits reportable on IRS Form 1099-R on section 412 or ERISA section 302 and the type of plan. See behalf of the plan to participants or beneficiaries during the line item requirements under Specific Instructions for more plan year. This is the EIN that appears on the IRS Forms details. 1099-R that are issued to report the payments. Include the EIN of the trust if different than that of the sponsor or plan Exception: Schedule R should not be completed when the administrator. If more than two payors made such payments Form 5500 Annual Return/Report is filed for a pension plan during the year, enter the EINs of the two payors who paid the that uses, as the sole funding vehicle for providing benefits, greatest dollar amounts during the year. For purposes of this individual retirement accounts or annuities (as described in line 2, take into account all payments made during the plan Code section 408). See the Form 5500 instructions for Limited year, in cash or in kind, that are reportable on IRS Form 1099- Pension Plan Reporting for more information. R, regardless of when the payments began, but take into Check the Schedule R box on the Form 5500 (Part II, line account payments from an insurance company under an 10a(1)) if a Schedule R is attached to the Form 5500. annuity only in the year the contract was purchased. Specific Instructions Line 3. Enter the number of living or deceased participants whose benefits under the plan were distributed during the plan Lines A, B, C, and D. This information must be the same as year in the form of a single-sum distribution. For this purpose, reported in Part II of the Form 5500 to which this Schedule R is a distribution of a participant’s benefits will not fail to be a attached. single-sum distribution merely because, after the date of the Do not use a social security number in line D instead of an distribution, the plan makes a supplemental distribution as a EIN. Schedule R and its attachments are open to public result of earnings or other adjustments made after the date of inspection, and the contents are public information and are the single-sum distribution. Also include any participants subject to publication on the Internet. Because of privacy whose benefits were distributed in the form of a direct rollover concerns, the inclusion of a social security number or any portion to the trustee or custodian of a qualified plan or individual thereof on Schedule R or any of its attachments may result in the retirement account. rejection of the filing. You can apply for an EIN from the IRS online, by fax, Part II – Funding Information or by mail depending on how soon you need to use the Complete Part II only if the plan is subject to the minimum EIN. For more information, see Section 3: Electronic Filing funding requirements of Code section 412 or ERISA section Requirement. The EBSA does not issue EINs. 302. “Participant” for purposes of Schedule R, means any All qualified defined benefit and defined contribution plans present or former employee who at any time during the are subject to the minimum funding requirements of Code plan year had an accrued benefit in the plan (account section 412 unless they are described in the exceptions listed balance in a defined contribution plan). under Code section 412(e)(2). These exceptions include profit- sharing or stock bonus plans, insurance contract plans described in Code section 412(e)(3), and certain plans to Instructions for Schedule R (Form 5500) -73- |
which no employer contributions are made. Return of Excise Taxes Related to Employee Benefit Plans, Nonqualified employee pension benefit plans are subject to with the IRS to pay the excise tax on the deficiency. There is a the minimum funding requirements of ERISA section 302 penalty for not filing IRS Form 5330 on time. unless specifically exempted under ERISA sections 4(a) or Line 7. Check “Yes” if the minimum required contribution 301(a). remaining in line 6c will be made not later than 8 ½ months The employer or plan administrator of a single-employer or after the end of the plan year. If “Yes,” and contributions are multiple-employer defined benefit plan that is subject to the actually made by this date, then there will be no reportable minimum funding requirements must file Schedule SB as an deficiency and IRS Form 5330 will not need to be filed. attachment to Form 5500. Schedule MB is filed for Line 8. Revenue Procedure 2017-56, 2017-44 IRB 465 and multiemployer defined benefit plans and certain money Revenue Procedure 2000-40, 2000-2 C.B. 357, providing for purchase defined contribution plans (whether they are single- automatic approval for a change in funding method for a plan employer or multiemployer plans). However, Schedule MB is year, generally do not apply unless the plan administrator or an not required to be filed for a money purchase defined authorized representative of the plan sponsor explicitly agrees contribution plan that is subject to the minimum funding to the change. If a change in funding method made pursuant to requirements unless the plan is currently amortizing a waiver of such a revenue procedure (or a class ruling letter) is to be the minimum funding requirements. applicable for the current plan year, this line generally must be Line 4. Check ‘‘Yes’’ if, for purposes of computing the checked ‘‘Yes.” In certain situations, however, the requirement minimum funding requirements for the plan year, the plan that the plan administrator or an authorized representative of administrator is making an election intended to satisfy the the plan sponsor agree to the change in funding method will be requirements of Code section 412(d)(2) or ERISA section satisfied if the plan administrator or an authorized 302(d)(2). Under Code section 412(d)(2) and ERISA section representative of the plan sponsor is made aware of the 302(d)(2), a plan administrator may elect to have any change. In these situations, this line must be checked “N/A.” amendment, adopted after the close of the plan year for which See section 6.01 of Revenue Procedure 2017-56 and section it applies, treated as having been made on the first day of the 6.01(2) of Revenue Procedure 2000-40. If the plan’s change in plan year if all of the following requirements are met: funding method is not made pursuant to a revenue procedure or other authority providing automatic approval which requires 1. The amendment is adopted no later than two and one- plan sponsor agreement, or to a class ruling letter (e.g., it is half months (two years for a multiemployer plan) after the close pursuant to a regulation, then this line should be checked of such plan year; “N/A.” 2. The amendment does not reduce the accrued benefit of any participant determined as of the beginning of such plan Part III – Amendments year; and Line 9. 3. The amendment does not reduce the accrued benefit of Check “No” if no amendments were adopted during this any participant determined as of the adoption of the plan year that increased or decreased the value of amendment unless the plan administrator notified the benefits. Secretary of the Treasury of the amendment and the Secretary either approved the amendment or failed to disapprove the Check “Increase” if an amendment was adopted during the plan year that increased the value of benefits in any amendment within 90 days after the date the notice was filed. way. This includes an amendment providing for an See Treasury Temporary Regulations section 11.412(c)- increase in the amount of benefits or rate of accrual, more 7(b) for details on when and how to make the election and generous lump sum factors, COLAs, more rapid vesting, what information to include on the statement of election, which additional payment forms, or earlier eligibility for some must be filed with the Form 5500 Annual Return/Report. benefits. Line 5. If a money purchase defined contribution plan Check “Decrease” if an amendment was adopted during (including a target benefit plan) has received a waiver of the the plan year that decreased the value of benefits in any minimum funding standard, and the waiver is currently being way. This includes a decrease in future accruals, closure amortized, complete lines 3, 9, and 10 of Schedule MB. See of the plan to new employees, or accruals being frozen for instructions for Schedule MB. Attach Schedule MB to Form some or all participants. 5500. The Schedule MB for a money purchase defined If the amendments that were adopted increased the contribution plan does not need to be signed by an enrolled value of some benefits but decreased the value of others, actuary. check “Both.” Line 6a. The minimum required contribution for a money Part IV – ESOP Information purchase defined contribution plan (including a target benefit Line 11b. A loan is a “back-to-back loan” if the following plan) for a plan year is the amount required to be contributed requirements are satisfied: for the year under the formula set forth in the plan document. If there is an accumulated funding deficiency for a prior year that 1. The loan from the employer corporation to the ESOP has not been waived, that amount should also be included as qualifies as an exempt loan under DOL regulations at 29 CFR part of the contribution required for the current year. 2550.408b-3 and under Treasury Regulations sections 54.4975-7 and 54.4975-11; and Line 6b. Include all contributions for the plan year made not later than 8 ½ months after the end of the plan year. Show only 2. The repayment terms of the loan from the sponsoring contributions actually made to the plan by the date the form is corporation to the ESOP are substantially similar to the filed. For example, do not include receivable contributions for repayment terms of the loan from the commercial lender to the this purpose. sponsoring employer. Line 6c. If the minimum required contribution exceeds the Part V – Additional Employer Information for contributions for the plan year made not later than 8 / months 1 2 Multiemployer Defined Benefit Pension Plans after the end of the plan year, the excess is an accumulated If this is not a multiemployer plan, skip this Part. funding deficiency for the plan year. File IRS Form 5330, -74- Instructions for Schedule R (Form 5500) |
Required attachments. Multiemployer defined benefit plans social security number. The Form 5500 is open to public that are in Endangered Status, Critical Status, or Critical and inspection, and the contents are public information and are Declining Status must attach a summary of their Funding subject to publication on the Internet. Because of privacy Improvement Plan or Rehabilitation Plan (as updated, if concerns, the inclusion of a social security number or any applicable) and also any update to a Funding Improvement portion thereof on this line may result in the rejection of the Plan or Rehabilitation Plan. filing. The summary of any Funding Improvement Plan or EINs can be obtained from the IRS online, by fax, or by Rehabilitation Plan must reflect such plan in effect at the end of mail depending on when you need to use the EIN. For more the plan year (whether the original Funding Improvement Plan information, see Section 3: Electronic Filing Requirement. The or Rehabilitation Plan or as updated) and must include a EBSA does not issue EINs. description of the various contribution and benefit schedules Line 13c. Dollar Amount Contributed. Enter the total dollar that are being provided to the bargaining parties and any other amount contributed to the plan by the employer for all covered actions taken in connection with the Funding Improvement workers in all locations for the plan year. Do not include the Plan or Rehabilitation Plan, such as use of the shortfall funding portion of an aggregated contribution that is for another plan, method or extension of an amortization period. The summary such as a welfare benefit plan, a defined contribution pension must also identify the first year and the last year of the Funding plan or another defined benefit pension plan. Improvement Period or the Rehabilitation Period. If an extended Funding Improvement Period (of 13 or 18 years) or Line 13d. Collective Bargaining Agreement Expiration Rehabilitation Period (of 13 years) applies because of an Date. Enter the date on which the employer’s collective election under section 205 of the Worker, Retiree, and bargaining agreement expires. If the employer has more than Employer Recovery Act of 2008 (“WRERA”), the summary one collective bargaining agreement requiring contributions to must include a statement to that effect and the date that the the plan, check the box and include, as an attachment, the election was filed with the IRS. expiration date of each collective bargaining agreement (regardless of the amount of contributions arising from such The summary must also include a schedule of the expected agreement). Label the attachment: “Schedule R, line 13d – annual progress for the funded percentage or other relevant Collective Bargaining Agreement Expiration Date.” Include factors under the Funding Improvement Plan or Rehabilitation the plan name and the sponsor’s name and EIN. Plan. If the sponsor of a multiemployer plan in Critical Status has determined that, based on reasonable actuarial Line 13e. Contribution Rate Information. Enter the assumptions and upon exhaustion of all reasonable measures, contribution rate (in dollars and cents) per contribution base the plan cannot emerge from Critical Status by the end of the unit in line 13e(1) and the base unit measure in line 13e(2). Rehabilitation Period as described in Code section Indicate whether the base unit is measured on an hourly, 432(e)(3)(A)(ii), the summary must include an explanation of weekly, unit-of-production, or other basis. If “other,” specify the the alternatives considered, why the plan is not reasonably base unit measure used. If the contribution rate changed expected to emerge from Critical Status by the end of the during the plan year, enter the last contribution rate in effect for Rehabilitation Period, and when, if ever, it is expected to the plan year. emerge from Critical Status under the Rehabilitation Plan. If the employer has different contribution rates for different The plan sponsor is required to annually update a Funding classifications of employees or different places of business, Improvement Plan or Rehabilitation Plan that was adopted in a check the box in the first line of line 13e and list in an prior year. The update must be filed as an attachment to the attachment each contribution rate and corresponding base unit Schedule R. The update attachment must identify the measure under which the employer made contributions modifications made to the Funding Improvement Plan or (regardless of the amount of contributions resulting from each Rehabilitation Plan during the plan year, including contribution rate). Label the attachment: “Schedule R, line 13e – increases, benefit reductions, or other actions. Information on Contribution Rates and Base Units.” Include the plan name and the sponsor’s name and EIN. The attachment described above must be labeled “Schedule R, Summary of Funding Improvement Plan,” or Line 14. Enter the number of deferred vested and retired “Schedule R Summary of Rehabilitation Plan, ” as participants (inactive participants), as of the beginning of the appropriate, and if applicable, “Schedule R, Update of plan year, whose contributing employer is no longer making Funding Improvement Plan or Rehabilitation Plan.” Each contributions to the plan. Generally, if there has been a prior attachment must also include the plan name, the plan withdrawal, unless all former vested participants of the sponsor’s name and EIN, and the plan number. withdrawn employer have been reemployed with a currently contributing employer, this line should not be zero. Plans must Line 13. This line should be completed only by multiemployer use one of the following counting methods to count these defined benefit pension plans that are subject to the minimum inactive participants. funding standards (see Code section 412 and Part 3 of Title I of ERISA). Enter the information on lines 13a through 13e for 1. Under the last contributing employer method, count any employer that, for the plan year, (1) contributed more than only those inactive participants whose last contributing five (5) percent of the plan’s total contributions or (2) was one employer had withdrawn from the plan by the beginning of the of the top-ten highest contributors. List employers in relevant plan year. Disregard any inactive participants whose descending order according to the dollar amount of their most recent employers had not withdrawn from the plan. Thus, contributions to the plan. Complete as many entries as are for the limited purposes of line 14 and notwithstanding any necessary to list all employers that are required to be reported. contrary definition of such inactive participants applicable elsewhere, inactive participants of employers who have not Line 13a. Enter the name of the employer contributing to the withdrawn from the plan should not be included in these plan. numbers; Line 13b. Enter the EIN of the employer contributing to the 2. Under the alternative method count only those inactive plan. Do not enter a social security number in lieu of an EIN; participants whose last contributing employer and all prior therefore, ensure that you have the employer’s EIN and not a contributing employers had withdrawn from the plan by the Instructions for Schedule R (Form 5500) -75- |
beginning of the relevant plan year. Under this method, the aggregate amount. plan would review the list of all contributing employers The definitions of withdrawal are those contained in Section (employers that had not withdrawn from the plan by the 4203 of ERISA. If the plan is in the building and construction, beginning of the relevant plan year), and include on line 14 entertainment, or another industry that has special withdrawal only those inactive participants who had no covered service rules, withdrawing employers should only be counted if the with any of these employers; withdrawal adheres to the special rules applying to its specific 3. Under the reasonable approximation method, a plan industry. that is unable to use the last contributing employer method or Line 17. If assets and liabilities from another plan were the alternative method, must make a reasonable, good faith transferred to or merged with the assets and liabilities of this effort to count inactive participants to satisfy the requirements plan during the 2023 plan year, check the box and provide the of section 103(f)(2)(C) of ERISA and provide an attachment following information as an attachment. The attachment should that explains the plan’s approximation method. The include the names and employer identification numbers of all explanation must include a description of the data and a plans that transferred assets and liabilities to, or merged with, breakdown describing the number of clearly identified inactive this plan. For each plan, including this plan, the attachment participants and the number of estimated inactive participants. should also include the actuarial valuation of the total assets Note. Withdrawal liability payments are not to be treated as and total liabilities for the year preceding the transfer or contributions for the purpose of determining the number of merger, based on the most recent data available as of the day inactive participants for line 14. before the first day of the 2023 plan year. Label the attachment Line 14a. Enter the number of inactive participants described “Schedule R, line 17 – Information on Assets and in the line 14 instructions for the current plan year. The current Liabilities Transferred to or Merged with This Plan” and plan year is the plan year to which the Form 5500 relates. include the plan name and the plan sponsor’s name and EIN. Line 14b. Enter the number of inactive participants described Part VI – Additional Information for Single-Employer in the line 14 instructions for the plan year immediately and Multiemployer Defined Benefit Pension Plans preceding the current plan year. Check the box if the number Line 18. If any liabilities to participants or their beneficiaries reported on line 14b differs from the number reported on line under the plan at the end of the plan year consist of liabilities 14a for the plan year immediately preceding the current plan under two (2) or more plans as of the last day of the plan year year. If the box is checked, provide an attachment with an immediately before the 2023 plan year, check the box and explanation of the reason for the change. provide the following information as an attachment. The Line 14c. Enter the number of inactive participants described attachment should include the names, employer identification in the line 14 instructions for the second preceding plan year. numbers, and plan numbers of all plans, including the current Check the box if the number reported on line 14c differs from plan, that provided a portion of liabilities of the participants and the number reported on line 14b for the plan year immediately beneficiaries in question. The attachment should also include preceding the current plan year. If the box is checked, provide the funded percentage of each plan as of the last day of the an attachment with an explanation of the reason for the 2022 plan year. For single-employer plans, the funded change. percentage is the funding target attainment percentage, where For any required attachment for line 14, label the attachment the numerator is the value of plan assets reduced by the sum “Schedule R, Line 14 – Information on Inactive of the amount of the prefunding balance and the funding Participants Whose Contributing Employer is No Longer standard carryover balance, and the denominator is the Making Contributions to the Plan.” funding target for the plan (for this purpose, if the plan is in at risk status, then the funding target is determined as if the plan Line 15. Enter the ratio of number of participants on whose were not in at risk status). For multiemployer plans, the funded behalf no employer had an obligation to make a contribution for percentage is the ratio where the numerator is the actuarial the 2023 plan year to the corresponding number for each of value of the plan’s assets and the denominator is the accrued the two preceding plan years. For the purpose of these ratios, liability of the plan. For a terminated plan for which the funded count all participants whose employers have withdrawn from percentage is required to be reported, write “Terminated” in the the plan as well as all deferred vested and retired participants space where the plan’s funded percentage would otherwise of employers still active in the plan (unless the collective have been reported. Label the attachment “Schedule R, line bargaining agreement specifically requires the employer to 18 –Funded Percentage of Plans Contributing to the make contributions for such participants). Liabilities of Plan Participants” and include the plan name Line 15a. Enter the ratio of the number of participants as and the plan sponsor’s name and EIN. described in the line 15 instructions for the 2023 plan year to Line 19. This line must be completed for all defined benefit the number for the 2022 plan year. pension plans (except DFEs) with 1,000 or more participants at Line 15b. Enter the ratio of the number of participants as the beginning of the plan year. To determine if the plan has described on the line 15 instructions for the 2023 plan year to 1,000 or more participants, use the participant count shown on the number for the 2021 plan year. line 3d(1) of the Schedule SB for single-employer plans or on Note. Withdrawal liability payments are not to be treated as line 2b(4)(1) of the Schedule MB for multiemployer plans. contributions for determining the number of participants on line Line 19a. Show the end-of-year distribution of assets for the 15. categories shown. Use the market value of assets (not notional Line 16a. Enter the number of employers that withdrew from or book value) and do not include the value of any receivables. the plan during the 2022 plan year. These percentages, expressed to the nearest whole percent, should reflect the total assets held regardless of how they are Line 16b. If line 16a is greater than zero, enter the aggregate listed on the Schedule H and the sum of the percentages in the amount of withdrawal liability assessed against these seven categories should sum to 100 percent. Assets held in employers. If the withdrawal liability for one or more trusts, accounts, mutual funds, and other investment withdrawing employers has not yet been determined, include arrangements should be disaggregated among the seven the amounts estimated to be assessed against them in the asset categories. The same methodology should be used in -76- Instructions for Schedule R (Form 5500) |
disaggregating trust assets as is used when disclosing the If PBGC has been notified of the missed contribution, check allocation of plan assets on the sponsor’s 10-K filings to the the “Yes” box. Otherwise, check the box that best explains why Securities and Exchange Commission. Split assets between PBGC wasn’t notified. If the “No. Other. Provide explanation” the following seven categories: box is checked, provide an explanation as to why PBGC wasn’t ● Public Equity - Publicly traded U.S. and non-U.S. equity notified (e.g., “The due date for filing Form 10 has not yet securities and the approximate portion of mutual funds or passed; the plan administrator intends to file Form 10 with collective trusts invested in public equities. PBGC shortly” or “Reporting was waived under 29 CFR 4043.25(c)(3) because the unpaid contribution resulted solely ● Private Equity – Direct ownership, co-investment, limited from an administrative error related to an election to use a pre- partnerships, fund of funds or other investments in equity funding balance”). ownership not included in the Public Equity category. Part VII IRS Compliance Questions ● Investment-Grade Debt and Interest Rate Hedging Assets – – Investment-grade dollar denominated debt securities (fixed Line 21a. A multiple-employer plan or a pooled employer plan income) traded publicly or privately, and the approximate can skip this question. Check "Yes" if this plan was portion of the mutual funds or collective trusts invested in such permissively aggregated with another plan to satisfy the securities. Investment-grade debt-instruments are those with requirements of Code sections 410(b) and 401(a)(4). an S&P rating of BBB- or higher, a Moody’s rating of Baa3 or Generally, each single plan must separately satisfy the higher, an equivalent rating from another rating agency, or coverage and nondiscrimination requirements. However, generally considered to be of equivalent credit quality. Include generally, an employer may designate two or more separate preferred equity in this category. Unrated debt with the backing plans as a single plan for purposes of applying the ratio of a government entity would be included in the “investment- percentage test of Treasury Regulations section 1.410(b)- grade” category unless it is generally accepted that the debt 2(b)(2) or the nondiscriminatory classification test of Treasury should be considered as “high-yield.” Use the ratings in effect Regulations section 1.410(b)-4. Two or more plans that are as of the end of the plan year. Include the market value (not permissively aggregated and treated as a single plan for notional value) of interest rate swaps, futures and other purposes of the minimum coverage test of Code section 410(b) derivates designed to be interest rate sensitive in this category. must also be treated as a single plan for purposes of the ● High-Yield Debt – Debt securities not included in Investment- nondiscrimination test under Code section 401(a)(4). See Grade Debt as described above or in Cash and Cash Treasury Regulations sections 1.410(b)-7(d) and 1.401(a)(4)- Equivalents as described below. Include the approximate (9)(a) for more information. portion of the mutual funds or collective trusts invested in high- Line 21b. A multiple-employer plan or a pooled employer plan yield debt securities. can skip this question. Check the applicable method used to ● Real Assets - Direct ownership, co-investments, or shares of satisfy the nondiscrimination requirements of Code section funds with direct ownership in income-producing assets such 401(k). A safe harbor 401(k) plan is similar to a traditional as real estate, infrastructure, or land (e.g., farmland or 401(k) plan, but it must provide for employer contributions. timberland). Real estate investment trusts (REITs) should be These contributions may be employer matching contributions, included with Public Equity. limited to employees who defer, or employer contributions made on behalf of all eligible employees, regardless of whether ● Cash and Cash Equivalents – Non-interest-bearing cash they make elective deferrals. A safe harbor 401(k) plan is not (Schedule H item 1(a)) and accounts at financial institutions subject to the complex annual nondiscrimination tests that that earn interest (Schedule H item 1(c)(1)). apply to traditional 401(k) plans. ● Other – Any investments not included in the categories as Check "Design-based safe harbor method" if this is a safe described above, such as hedge funds, commodities, and harbor 401(k) plan, that is, a SIMPLE 401(k) plan under Code collectibles. section 401(k)(11), a safe harbor 401(k) plan under Code Line 19b. Check the box that shows the average duration of section 401(k)(12), or a qualified automatic contribution the plan’s combined investment-grade debt and interest rate arrangement under Code section 401(k)(13). If the plan, by its hedging assets portfolio. If the average duration falls exactly on terms, does not satisfy the safe harbor method, it generally the boundary of two boxes, check the box with the lower must satisfy the regular nondiscrimination test, known as the duration. To determine the average duration, use the “effective actual deferral percentage (ADP) test. duration” or any other generally accepted measure of duration. Check the appropriate box to indicate if the plan uses the If debt instruments are held in multiple debt portfolios, report "current year" ADP test or the "prior year" ADP test. the weighted average of the average durations of the various portfolios where the weights are the dollar values of the Check "current year" ADP test if the plan uses the current individual portfolios. year testing method under which the ADP test is performed by comparing the current plan year's ADP for highly compensated Line 20. This line must be completed for all single-employer employees (HCEs) with the current plan year's (rather than the defined benefit plans that are covered by PBGC. prior plan year's) ADP for nonhighly compensated employees Line 20a. If the amount reported on Schedule SB (Form 5500) (NHCEs). line 40 is greater than $0, check the “Yes” box and complete Check all boxes that apply for a plan that tests different line 20b. Otherwise, check “No” and skip line 20b. groups of employees on a disaggregated basis or uses Line 20b. In general, a PBGC-insured single-employer plan different testing methods for different portions of the plan. For must notify PBGC if a required contribution is not made by its example, a plan that allows for immediate eligibility for elective due date. With the exception of situations where the deferrals and statutory eligibility for safe harbor contributions accumulated value of missed contributions exceeds $1 million, would be a safe harbor plan for statutory employees. However, PBGC waives reporting if contributions equal to or exceeding the plan would be subject to ADP testing for non-statutory the missed amount are made by the 30 day after the due th employees. date. For more information, see 29 CFR 4043.25 and 4043.81 Check "N/A" if the plan is not required to test for and the filing instructions for PBGC Forms 10 and 200. nondiscrimination under Code section 401(k)(3), such as a Instructions for Schedule R (Form 5500) -77- |
plan in which no HCE is benefiting. word-for-word identical to, or a minor modification of, a plan of Line 22. If a plan sponsor or an employer adopted a Pre- a Mass Submitter. If a plan was modified in such a way that approved Plan that had received a favorable IRS Opinion negates the Opinion Letter, then the plan sponsor is no longer Letter, enter the date of the most recent favorable Opinion an Adopting Employer of a Pre-approved Plan, and the plan is Letter issued by the IRS and the Opinion Letter serial number treated as an individually designed plan. An “Opinion Letter” is listed on the letter. A “Pre-approved Plan” is a plan approved a written statement issued by the IRS to a Provider or Mass by the IRS with a favorable Opinion Letter that is made Submitter as an opinion on the qualification in form of a plan available by a Provider for adoption by employers, including a under Code section 401(a), Code section 403(a), or both Code standardized plan or a nonstandardized plan. A Pre-approved sections 401(a) or 403(a) and 4975(e)(7). See Revenue Plan may utilize either of two forms: a basic plan document Procedure 2017-41 for more information. The Opinion Letter with an adoption agreement or a single plan document. The serial number is a unique combination of a capital letter and a employer is permitted to make minor modifications to the plan. series of six numbers assigned to each Opinion Letter. An “Adopting Employer” is an employer that adopts a Pre- approved Plan offered by a Provider, including a plan that is -78- Instructions for Schedule R (Form 5500) |
Note. This schedule is not filed for a multiemployer plan nor for 2023 Instructions for Schedule SB a money purchase defined contribution plan (including a target (Form 5500) benefit plan) for which a waiver of the minimum funding requirements is currently being amortized. Information for Single-Employer Defined Benefit Plan these plans must be filed using Schedule MB (Form 5500). Actuarial Information Specific Instructions Lines A through F. Identifying Information. Lines A – F General Instructions must be completed for all plans. Lines A through D should Note. To the extent that regulations and other items of include the same information as reported in corresponding published guidance under Code sections 430 and 436 do not lines in Part II of the Form 5500, Form 5500-SF, or Form 5500- take into account statutory changes since those regulations EZ filed for the plan. You may abbreviate the plan name (if were issued, plan sponsors must take into account the necessary) to fit in the space provided. provisions of the Worker, Retiree, and Employer Recovery Act Do not use a social security number in line D instead of an of 2008 (“WRERA”), Pub. L. No. 110-458, the Preservation of EIN. The Schedule SB and its attachments are open to public Access to Care for Medicare Beneficiaries and Pension Relief inspection if filed with a Form 5500 or Form 5500-SF, and the Act of 2010 (“PRA 2010”), Pub. L. No. 111-192, Moving Ahead contents are public information and are generally subject to for Progress in the 21 Century Act (“MAP-21”), Pub. L. No. st publication on the Internet. Because of privacy concerns, the 112-141, the Cooperative and Small Employer Charity Pension inclusion of a social security number or any portion thereof on Flexibility Act of 2014 (“CSEC Act”), Pub. L. No. 113-97, the the Schedule SB or any of its attachments may result in the Highway and Transportation Funding Act of 2014 (HATFA), rejection of the filing. Pub. L. No. 113-159, and the Bipartisan Budget Act of 2015 (BBA’15), Pub. L. No. 114-74, and any other amendments to You can apply for an EIN from the IRS online, by fax, or by the funding rules that are enacted. mail depending on how soon you need to use the EIN. For more information, see Section 3: Electronic Filing Requirement Who Must File under General Instructions to Form 5500. The EBSA does not As the first step, the plan administrator of any single-employer issue EINs. defined benefit plan (including a multiple-employer defined Line E. Type of Plan. Check the applicable box to indicate the benefit plan) that is subject to the minimum funding standards type of plan. A single-employer plan for this reporting purpose (see Code section 412 and Part 3 of Title I of ERISA) must is an employee benefit plan maintained by one employer or obtain a completed Schedule SB (including attachments) that one employee organization. A multiple-employer plan is a plan is prepared and signed by the plan’s enrolled actuary as that is maintained by more than one employer, but is not a discussed below in the Statement by Enrolled Actuary section. multiemployer plan. (See the Instructions for Form 5500, box A The plan administrator must retain with the plan records the for additional information on the definition of a multiemployer Schedule SB that is prepared and signed by the plan’s actuary. plan.) Next, the plan administrator must ensure that the ● Check “Single” if the Form 5500, Form 5500-SF, or Form information from the actuary’s Schedule SB is entered 5500-EZ is filed for a single-employer plan (including a plan electronically into the annual return/report being submitted. maintained by more than one member of the same controlled When entering the information, whether using EFAST2- group). approved software or EFAST2’s web-based filing system, all ● Check “Multiple-A” if the Form 5500 or Form 5500-SF is the fields required for the type of plan must be completed (see being filed for a multiple-employer plan and the plan is subject instructions for fields that need to be completed). to the rules of Code section 413(c)(4)(A) (i.e., it is funded as if Further, the plan administrator of a single-employer defined each employer were maintaining a separate plan). This benefit plan must attach to the Form 5500 or Form 5500-SF an includes plans established before January 1, 1989, for which electronic reproduction of the Schedule SB (including an election was made to fund in accordance with Code section attachments) prepared and signed by the plan’s enrolled 413(c)(4)(A). actuary. This electronic reproduction must be labeled “SB ● Check “Multiple-B” if the Form 5500 or Form 5500-SF is Actuary Signature” and must be included as a Portable being filed for a multiple-employer plan and the plan is subject Document Format (PDF) attachment or any alternative to the rules of Code section 413(c)(4)(B) (i.e., it is funded as if electronic attachment allowable under EFAST2. all participants were employed by a single employer). Note. The Schedule SB (Form 5500) does not have to be filed If “Multiple-A” is checked, with the exception of Part III, the with the Form 5500-EZ regardless of whether it is filed on data entered on Schedule SB should be the sum of the paper with the IRS or electronically with EFAST2, but it must individual amounts computed for each employer. The be retained in accordance with the Instructions for Form 5500- percentages reported in Part III should be calculated based on EZ under the What to File section. The enrolled actuary must the reported aggregate numbers rather than by summing up complete and sign the Schedule SB and forward it to the the individual percentages. The Schedule SB data for each person responsible for filing the Form 5500-EZ, even if the employer’s portion of the plan must be submitted as an Schedule SB is not filed. attachment. This is accomplished by completing and attaching Check the Schedule SB box on the Form 5500 (Part II, line a Schedule SB for each employer or by attaching a document 10a(3)) if a Schedule SB is attached to Form 5500. Check containing that information (e.g., a table showing a row for “Yes” on line 11 in Part VI of the Form 5500-SF if a Schedule each Schedule SB data item and a column for each SB is required to be prepared for the plan, even if Schedule SB employer). Label the attachment “Schedule SB – Information is not required to be attached to Form 5500-SF (see for Each Individual Employer.” instructions in the Note above, pertaining to “one-participant Line F. Prior Year Plan Size. Check the applicable box based plans”). on the highest number of participants (both active and inactive) Instructions for Schedule SB (Form 5500) -79- |
on any day of the preceding plan year, taking into account Accordingly, the Schedule SB is not required to be filed for any participants in all defined benefit plans maintained by the same later plan year. However, if a termination fails to occur — employer (or any member of such employer’s controlled group) whether because assets remain in the plan’s related trust (see who are or were also employees of that employer or member. Revenue Ruling 89-87, 1989-2 C.B. 81) or for any other For this purpose, participants whose only defined benefit plan reason (e.g., the PBGC issues a notice of noncompliance is a multiemployer plan (as defined in Code section 414(f)) are pursuant to 29 CFR section 4041.31 for a standard not counted, and participants who are covered in more than termination) — there is no termination date, and therefore, one of the defined benefit plans described above are counted minimum funding standards continue to apply and a Schedule only once. Inactive participants include vested terminated and SB continues to be required. retired employees as well as beneficiaries of deceased Statement by Enrolled Actuary participants. If this is the first plan year that a plan described in this paragraph exists, complete this line based on the highest An enrolled actuary must sign Schedule SB. The signature of number of participants that the plan was reasonably expected the enrolled actuary may be qualified to state that it is subject to have on any day during the first plan year. to attached qualifications. See Treasury Regulations section 301.6059-1(d) for permitted qualifications. If the actuary has General Instructions, Parts I through IX, Statement not fully reflected any final or temporary regulation, revenue by Enrolled Actuary, and Attachments ruling, or notice promulgated under the statute in completing Except as noted below, Parts I through VIII must be completed the Schedule SB, check the box on the last line of page 1. If for all single and multiple-employer defined benefit plans, this box is checked, indicate on an attachment whether any regardless of size or type. See instructions for line 27 for unpaid required contribution or a contribution that is not wholly additional information to be provided for certain plans with deductible would result if the actuary had fully reflected such special circumstances. Part IX is completed for those plans for regulation, revenue ruling, or notice, and label this attachment which the extended amortization rule, under the American “Schedule SB – Statement by Enrolled Actuary.” In Rescue Plan Act of 2021, was elected to apply before the 2022 addition, the actuary may offer any other comments related to plan year. the information contained in Schedule SB. Except as otherwise PPA provides funding relief for certain defined benefit plans provided in these instructions, a stamped or machine produced (other than multiemployer plans) maintained by a commercial signature is not acceptable. passenger airline or by an employer whose principal business The actuary must provide the completed and signed is providing catering services to a commercial passenger Schedule SB to the plan administrator to be retained with the airline, based on an alternative 17-year funding schedule. plan records and included (in accordance with these Plans using this funding relief do not need to complete the instructions) with the Form 5500 or Form 5500-SF that is entire Schedule SB, but are required to provide supplemental submitted under EFAST2. The plan’s actuary is permitted to information as an attachment to Schedule SB. See the sign the Schedule SB on page one using the actuary’s instructions for line 27 for more information about which lines signature or by inserting the actuary’s typed name in the of Schedule SB need to be completed and what additional signature line followed by the actuary’s handwritten initials. attachments are required. The actuary’s most recent enrollment number must be entered Code section 430(h)(2)(C)(iv) and ERISA section on the Schedule SB that is prepared and signed by the plan’s 302(h)(2)(C)(iv) provide that, for certain purposes, each of the actuary. three segment rates described in those sections is adjusted as Attachments necessary to fall within a specified range that is determined All attachments to the Schedule SB must be properly identified based on an average of the corresponding segment rates for as attachments to the Schedule SB, and must include the the 25-year period ending on September 30 of the calendar name of the plan, plan sponsor’s EIN, plan number, and line year preceding the first day of the plan year. Accordingly, if the number to which the schedule relates. funding target and target normal cost for a plan are determined using the segment rates, the segment rates used to determine Do not include attachments that contain a visible social the minimum required contribution and the adjusted funding security number. Except for certain one-participant plans, the target attainment percentage (“AFTAP”) used to apply funding- Schedule SB and its attachments are open to public based benefit restrictions under Code section 436 and ERISA inspection, and the contents are public information and are section 206(g) may be different from those used for other subject to publication on the Internet. Because of privacy purposes (such as the segment rates used to determine the concerns, the inclusion of a visible social security number or deductible limit under Code section 404(o)). In such cases, any portion thereof on an attachment may result in the report all information on Schedule SB reflecting the rejection of the filing. assumptions used to determine the minimum required The first year Schedule SB attachment for a plan contribution and the AFTAP used to apply funding-based retroactively adopted pursuant to SECURE Act section 201. If benefit restrictions. a plan sponsor adopted a defined benefit pension plan in 2023 Note. (1) For a plan funded with insurance (other than a plan (i.e., by the due date, including extension, for filing the plan described in Code section 412(e)(3) or ERISA section 301(b)), sponsor’s tax return for the 2022 taxable year) and elected to refer to section 1.430(d)-1(c)(2) of the Income Tax Regulations treat the plan as having been adopted before the 2023 plan regarding whether to include the liabilities for benefits covered year began as permitted under SECURE Act section 201, then under insurance contracts held by the plan and whether to the enrolled actuary must complete and sign the 2022 include the value of the insurance contracts in plan assets. Schedule SB (Form 5500). If the plan sponsor is required to file Schedule SB (see instructions for Schedule SB under “Who (2) For terminating plans, Revenue Ruling 79-237, 1979-2 Must File”), attach the 2022 Schedule SB (Form 5500) as a C.B. 190, provides that minimum funding standards apply until Portable Document Format (PDF) attachment to the 2023 the end of the plan year that includes the termination date. Schedule SB when filing the 2023 Form 5500. Label the -80- Instructions for Schedule SB (Form 5500) |
attachment “The first year Schedule SB attachment for a plan Note. Under Code section 430(g)(3)(B), the use of averaging retroactively adopted pursuant to SECURE Act 201”. methods in determining the value of plan assets is permitted Part I – Basic Information only in accordance with methods prescribed in Treasury regulations. Accordingly, taxpayers cannot use asset valuation Note. All entries in Part I must be reported as of the valuation methods other than fair market value (as described in Code date, reflecting the assumptions and amounts generally used section 430(g)(3)(A)), except as provided under Notice 2009- to determine the minimum required contribution. In the case of 22, 2009-14 IRB 741, or Treasury regulations. a plan described in section 104 of PPA, the information should be reported as if PPA provisions were effective for all plan Line 3. Funding Target/Participant Count Breakdown. All years beginning after December 31, 2007. amounts should be reported as of the valuation date. Line 1. Valuation Date. The valuation date for a plan year Column (1)—Enter the number of participants in each must be the first day of the plan year unless the plan meets the category (e.g., terminated vested participants). Enter “0” if no small-plan exception of Code section 430(g)(2)(B) and ERISA participants fall into the category. Include beneficiaries of section 303(g)(2)(B). For plans that qualify for the exception, deceased participants who are or who will be entitled to the valuation date may be any date in the plan year, including benefits under the plan. the first or last day of the plan year. Column (2)—Enter the portion of the funding target A plan qualifies for this small-plan exception if there were attributable to vested benefits. If no portion of the funding 100 or fewer participants on each day of the prior plan year. target for a particular category is attributable to vested For the definition of participant as it applies in this case, see benefits, enter “0.” For this purpose, benefits considered to be the instructions for line F. vested for PBGC premium purposes must be included. Line 2a. Market Value of Assets. Enter the fair market value Column (3)—Enter the funding target attributable to all of assets as of the valuation date. Include contributions benefits, both vested and nonvested. Enter “0” if no portion of designated for any previous plan year that are made after the the funding target is for participants in a particular category. valuation date (but within the 8½-month period after the end of For columns (2) and (3), the funding target must be calculated the immediately preceding plan year), adjusted for interest for using the methods and assumptions provided in Code sections the period between the date of payment and the valuation date 430(h) and (i), ERISA sections 303(h) and (i), and other related as provided in the applicable regulations. guidance. Contributions made for the current plan year must be Unless the plan sponsor has received approval to use excluded from the amount reported in line 2a. If these substitute mortality tables in accordance with Code section contributions were made prior to the valuation date (which can 430(h)(3)(C) and ERISA section 303(h)(3)(C), the funding only occur for small plans with a valuation date other than the target must be computed using the mortality tables for non- first day of the plan year), the asset value must be adjusted to disabled lives, as described in section 1.430(h)(3)-1 of the exclude not only the contribution amounts, but interest on the regulations. If substitute mortality tables have been approved contributions from the date of payment to the valuation date, (or deemed to have been approved) by the IRS, such tables using the current-year effective interest rate. must be used instead of the mortality tables described in the Do not adjust for items such as the funding standard previous sentence, subject to the rules of Code section carryover balance, prefunding balance, any unpaid minimum 430(h)(3) and ERISA section 303(h)(3). The funding target required contributions, or the present value of remaining may be computed taking into account the mortality tables for shortfall or waiver amortization installments. Rollover amounts disabled lives published in Revenue Ruling 96-7, 1996-1 C.B. or other assets held in individual accounts that are not 59, and as provided in Notice 2008-29, 2008-12 IRB 637. available to provide defined benefits under the plan should not Special rules for plans that are in at-risk status. If a plan be included on line 2a regardless of whether they are reported is in at-risk status, report the amount reflecting the additional on the Schedule H (Form 5500) (line 1l, column (a)) or assumptions required in Code section 430(i)(1)(B) and ERISA Schedule I (Form 5500) (line 1c, column (a)), or Form 5500-SF section 303(i)(1)(B). (line 7c, column (a)). Additionally, asset and liability amounts If the plan has been in at-risk status for any two or more of must be determined in a consistent manner. Therefore, if the the preceding four plan years, also include the loading factor value of any insurance contracts has been excluded from the required in Code section 430(i)(1)(C) and ERISA section amount reported in line 2a, liabilities satisfied by such 303(i)(1)(C). If the plan is in at-risk status and has been in at- contracts should also be excluded from the funding target risk status for fewer than five consecutive years, report the values reported in lines 3 and 4. funding target amounts after reflecting the transition rule Line 2b. Actuarial Value of Assets. Do not adjust the provided in Code section 430(i)(5) and ERISA section actuarial value of assets for items such as the funding 303(i)(5). For example, the funding target for a plan that is in standard carryover balance, the prefunding balance, any at-risk status for 2023 and was in at-risk status for the 2020, unpaid minimum required contributions, or the present value of 2021 and 2022 plan years (but not the 2019 plan year) will any remaining shortfall or waiver amortization installments. reflect 80% of the funding target using the special at-risk Treat contributions designated for a current or prior plan year, assumptions and 20% of the funding target determined without rollover amounts, insurance contracts, and other items in the regard to the at-risk assumptions. same manner as for line 2a. Determining whether a plan is in at-risk status. Refer to If an averaging method is used to value plan assets (as Code section 430(i)(4) and ERISA section 303(i)(4) to permitted under Code section 430(g)(3)(B) and ERISA section determine whether the plan is in at-risk status. Generally, a 303(g)(3)(B), as amended by WRERA), enter the value as of plan is in at-risk status for a plan year if it had more than 500 the valuation date taking into account the requirement that participants on any day during the preceding plan year (see such value must be within 90% to 110% of the fair market instructions for line F for the definition of participants) and the value of assets. Instructions for Schedule SB (Form 5500) -81- |
plan’s funding target attainment percentage (“FTAP”) for the obligation yield curve, the effective interest rate must reflect preceding plan year fell below specified thresholds. both sets of rates. A plan with over 500 participants is in at-risk status for 2023 if both: Line 6. Target Normal Cost. the FTAP for 2022 (line 14 of the 2022 Schedule SB) is less Line 6a. Present Value of Current Year Accruals. Enter the than 80%, and present value of all benefits which have been accrued or have the at-risk funding target attainment percentage for 2022 is been earned (or that are expected to accrue or to be earned) less than 70%. under the plan during the plan year. Include any increase in In general, the at-risk funding target attainment percentage benefits during the plan year that is a result of any actual or is determined in the same manner as the FTAP (as described projected increase in compensation during the current plan in the instructions for line 14), except that the funding target is year, even if that increase in benefits is with respect to benefits determined using the additional assumptions for plans in at- attributable to services performed in a preceding plan year. risk status. For this purpose, the at-risk funding target is This amount must be calculated as of the valuation date and determined by disregarding the transition rule of Code section must generally be based on the same assumptions used to 430(i)(5) and ERISA section 303(i)(5) for plans that have been determine the funding target reported in line 3c, column (3), in at-risk status for fewer than five consecutive years, and reflecting the special assumptions and the loading factor for at- disregarding the loading factor in Code section 430(i)(1)(C) risk plans, if applicable. If the plan is in at-risk status for the and ERISA section 303(i)(1)(C). For plans that were in at-risk current plan year and has been in at-risk status for fewer than status for the 2022 plan year, the at-risk funding target used to five consecutive years, report this amount after reflecting the determine whether the plan is in at-risk status for the 2023 plan transition rule provided in Code section 430(i)(5) and ERISA year is the amount reported in line 4b of the 2022 Schedule section 303(i)(5). SB. Line 6b. Expected Plan-related Expenses. Enter the Refer to the regulations under section 430(i) of the Code for aggregate amount of any plan-related expenses expected to rules pertaining to new plans and other special situations. be paid from plan assets during the plan year. Line 4. Additional Information for Plans in At-Risk Status. Line 6c. Target Normal Cost. Enter the sum of lines 6a and If the plan is in at-risk status as provided under Code section 6b, reduced (but not below zero) by any mandatory employee 430(i)(4) and ERISA section 303(i)(4), check the box, complete contributions expected to be made during the plan year. lines 4a and 4b, and include as an attachment the information Part II – Beginning of Year Carryover Prefunding described below. Do not complete line 4 if the plan is not in at- Balances risk status for the current plan year for purposes of determining the minimum required contribution. Line 7. Balance at Beginning of Prior Plan Year After Applicable Adjustments. In general, report the amount in the ● Line 4a – Enter the amount of the funding target determined corresponding columns of line 13 of the prior-year Schedule as if the plan were not in at-risk status. SB. However, if the balance from the prior year has been ● Line 4b – Report the funding target disregarding the adjusted so that it does not match the corresponding amount in transition rule of Code section 430(i)(5) and ERISA section line 13 of the prior-year Schedule SB, attach an explanation 303(i)(5), and disregarding the loading factor in Code section and label the attachment “Schedule SB, line 7 – Explanation 430(i)(1)(C) and ERISA section 303(i)(1)(C). of Discrepancy in Prior Year Funding Standard Carryover If the plan is in at-risk status for the current plan year, attach Balance or Prefunding Balance.” Note that elections to add a description of the at-risk assumptions for the assumed form excess contributions or reduce balances have specific of payment (e.g., the optional form resulting in the highest deadlines, and generally cannot be changed once they have present value). Label the attachment “Schedule SB, line 4 – been made. Additional Information for Plans in At-Risk Status.” If this is the first year for which the plan is subject to the Line 5. Effective Interest Rate. Enter the single rate of minimum funding rules of Code section 430 or ERISA section interest which, if used instead of the interest rate(s) reported in 303, leave both columns blank. line 21 to determine the present value of the benefits that are Line 8. Portion Elected for Use To Offset Prior Year’s taken into account in determining the plan’s funding target for a Funding Requirement. Report the amount for each column plan year, would result in an amount equal to the plan’s from the corresponding column of line 35 of the prior-year funding target determined for the plan year, without regard to Schedule SB. If the valuation date is not the first day of the calculations for plans in at-risk status. (This is the funding plan year, report the amounts from line 35 of the prior-year target reported in line 3d, column (3) for plans not in at-risk Schedule SB, discounted to the beginning of the prior plan status, or in line 4a for plans in at-risk status.) However, if the year using the effective interest rate for the prior plan year. funding target for the plan year is zero, the effective interest rate is determined as the single rate that would result in an Reflect the full amount reported in line 35 of the prior-year amount equal to the plan’s target normal cost determined for Schedule SB even if the amount is larger than the minimum the plan year, without regard to calculations for plans in at-risk required contribution reported for that year on line 34 of the status. See the provisions of Code section 430(h)(2)(A), prior-year Schedule SB. This can occur under the special rule ERISA section 303(h)(2)(A), and the applicable regulations. for elections to use balances in excess of the minimum Enter rate to the nearest .01% (e.g., 5.26%). required contribution under section 1.430(f)-1(f)(1)(ii) of the regulations, if no timely election is made to revoke the excess If the funding target calculation includes some benefits for amount. which the present value is calculated using the 8.00% segment interest rates and other benefits for which present value is If this is the first year for which the plan is subject to the calculated using the applicable United States Treasury minimum funding rules of Code section 430 or ERISA section 303, leave both columns blank. -82- Instructions for Schedule SB (Form 5500) |
Special rule for late election to apply balances to The amount reported in line 11(b)(1) is zero if the prior quarterly installments. If an election was made to use the year’s valuation date was the last day of the prior plan year. funding standard carryover balance or the prefunding balance Line 11(b)(2). In column (b), enter the product of the prior to offset the amount of a required quarterly installment, but the year’s actual rate of return (from line 10) and the present value election was made after the due date of the installment, the of excess contributions reported on line 38b for the prior year. amount reported on line 8 may not be the same as the amount reported on line 35 for the prior year. Refer to the regulations However, if the valuation date for the prior plan year was under section 430 of the Code for additional information. An not the first day of the plan year (permitted for small plans attachment to Schedule SB should explain why the amount is only), enter the result of the following calculation: different. Label the attachment “Schedule SB, line 8 – Late Step 1: Adjust the prior-year amount reported in line 38b Election to Apply Balances to Quarterly Installments.” to the first day of the prior year, using the effective interest rate Line 9. Amount Remaining. Enter the amount equal to line 7 for the prior year, minus line 8 in each column. Step 2: Multiply the result in Step 1 by the prior year’s If this is the first year that the plan is subject to the minimum actual rate of return (from line 10), and funding requirements of Code section 430 or ERISA section Step 3: Reduce the result in Step 2 by interest on the 303, enter the amount of any credit balance at the end of the result in Step 1 for the period between the first day of the prior year (the “pre-effective plan year”) on line 9, column (a) prior plan year and the prior-year valuation date using the and leave line 9, column (b) blank. The amount entered on line effective interest rate for the prior year. 9, column (a) is generally the amount reported for the pre- Line 11c. Enter the sum of lines 11a, 11b(1) and 11(b)(2). effective plan year on line 9o of the 2007 version of the Line 11d. Enter the amount of the excess contributions for the Schedule B form that was submitted as an attachment to the prior year (with interest) that the plan sponsor elected to use to Schedule SB for that pre-effective plan year. If there has been increase the prefunding balance. This amount cannot be any adjustment to this amount so that it does not match the greater than the amount reported on line 11c. amount so reported for the pre-effective plan year, attach an explanation and label the attachment “Schedule SB, line 9 – If this is the first year for which the plan is subject to the Explanation of Credit Balance Discrepancy.” minimum funding rules of Code section 430 or ERISA section 303, leave lines 11a–d blank. Line 10. Interest on Line 9. Enter the actual rate of return on plan assets during the preceding plan year in the space Line 12. Other Reductions in Balances Due to Elections or provided. Enter the rate to the nearest .01% (e.g., 6.53%). If Deemed Elections. In each column, enter the amount by entering a negative number, enter a minus sign (“–”) to the left which the employer elects to reduce (or is deemed to elect to of the number. In each column, enter the product of this reduce, per Code section 436(f)(3) and ERISA section interest rate and the amount reported in the corresponding 206(g)(5)(C)) the funding standard carryover balance or column of line 9. prefunding balance, as applicable, under Code section 430(f) and ERISA section 303(f), other than any amount reported in If this is the first year for which the plan is subject to the line 8 that is treated as a reduction in these balances under the minimum funding rules of Code section 430 or ERISA section special rule in section 1.430(f)-1(f)(3)(ii) (relating to amounts 303, leave both columns blank. elected for use to offset the minimum required contribution that Line 11. Prior Year’s Excess Contributions to be Added to exceed the minimum required contribution for the plan for the Prefunding Balance. plan year, and which are not revoked by the plan sponsor). Line 11a. Enter the amount reported in line 38a on the This amount cannot be greater than the sum of the amounts Schedule SB for the prior plan year. reported in the corresponding column of lines 9, 10 and, if Line 11b(1). Enter the effective interest rate for the prior plan applicable, 11d. Note that an election (or deemed election) year, as reported on line 5 of the Schedule SB for the prior cannot be made to reduce the prefunding balance in column plan year, in the space provided. Enter the rate to the nearest (b) until the funding standard carryover balance in column (a) .01% (e.g., 6.35%). has been reduced to zero. In column (b), enter the product of the prior year’s effective If the valuation date is not the first day of the plan year, interest rate in line 11b(1) and the excess (if any) of the adjust the amounts reported in line 12 to the first day of the amount reported on line 38a for the prior year over the amount plan year, using the effective interest rate for the current plan reported on line 38b for the prior year. year. If the plan did not exist in the prior year and is not a successor plan, leave both columns blank. However, if the valuation date for the prior plan year was not the first day of the plan year (permitted for small plans If this is the first year for which the plan is subject to the only), enter the result of the following calculation: minimum funding rules of Code section 430 or ERISA section 303, leave column (b) blank. Step 1: Determine the excess (if any) of the amount reported on line 38a for the prior year over the amount Line 13. Balance at Beginning of Current Year. reported on line 38b for the prior year, ● Column (a) - Enter the sum of the amounts reported on lines Step 2: Adjust the result in Step 1 to the first day of the 9 and 10 of column (a), minus the amount reported on line 12 prior year using the effective interest rate for the prior year, of column (a). ● Column (b) - Enter the sum of the amounts reported on lines Step 3: Multiply the result in Step 2 by the prior year’s 9, 10 and 11d of column (b), minus the amount reported on effective interest rate in line 11(b)(1), and line 12 of column (b). Step 4: Reduce the result in Step 3 by interest on the If this is the first year for which the plan is subject to the result in Step 2 of this paragraph for the period between the minimum funding rules of Code section 430 or ERISA section first day of the prior plan year and the prior-year valuation date 303, leave column (b) blank. using the effective interest rate for the prior year. Instructions for Schedule SB (Form 5500) -83- |
Part III – Funding Percentages each AFTAP that was certified or recertified for the plan year, Enter all percentages in this section by truncating at .01% the date of the certification (or recertification), and a (e.g., report 82.649% as 82.64%). description and the amount of each adjustment to the funding target, actuarial value of assets, funding standard carryover Line 14. Funding Target Attainment Percentage. Enter the balance and prefunding balance used to determine the funding target attainment percentage (FTAP) determined in corresponding AFTAP. Label the attachment, “Line 15, accordance with Code section 430(d)(2) and ERISA section Reconciliation of differences between valuation results 303(d)(2). The FTAP is the ratio (expressed as a percentage) and amounts used to calculate AFTAP.” It is not necessary which the actuarial value of plan assets (reduced by the to include any information pertaining to a range certification in funding standard carryover balance and prefunding balance) this attachment. bears to the funding target determined without regard to the additional rules for plans in at-risk status. Line 16. Prior Year’s Funding Percentage for Purposes of Determining Whether Carryover/Prefunding Balances May This percentage is determined by subtracting the sum of Be Used to Offset Current Year’s Funding Requirement. the amounts reported in line 13 from line 2b and dividing the Under Code section 430(f)(3) and ERISA section 303(f)(3), the result by the funding target. The funding target used for this funding standard carryover balance and prefunding balance purpose is the number reported in line 3d, column (3) for plans may not be applied toward minimum contribution requirements that are not in at-risk status and line 4a for plans that are in at- unless the ratio of plan assets for the preceding plan year to risk status. If the plan’s valuation date is not the first day of the the funding target for the preceding plan year (as described in plan year, subtract the sum of the amounts reported in line 13, Code section 430(f)(3)(C) and ERISA section 303(f)(3)(C)) is adjusted for interest between the beginning of the plan year 80% or more. and the valuation date using the effective interest rate for the current plan year, from the amount reported in line 2b; and Enter the applicable percentage as described below, divide by the funding target. truncated at .01% (e.g., report 81.239% as 81.23%). In general, the percentage is the ratio that the prior-year actuarial Line 15. Adjusted Funding Target Attainment Percentage. value of plan assets (reduced by the amount of any prefunding Enter the adjusted funding target attainment percentage balance, but not the funding standard carryover balance) bears (AFTAP) determined in accordance with Code section 436(j)(2) to the prior-year funding target determined without regard to and ERISA section 206(g)(9)(B). The AFTAP is calculated in the additional rules for plans in at-risk status. This percentage the same manner as the FTAP reported in line 14, except that is determined as follows, with all amounts taken from the prior both the assets and the funding target used to calculate the year’s Schedule SB: AFTAP are increased by the aggregate amount of purchases of annuities for employees other than highly compensated ● For plans that are not in at-risk status, subtract the amount employees (as defined in Code section 414(q)) which were reported on line 13, column (b) (adjusted for interest as made by the plan during the preceding two plan years. described below, if the valuation date is not the first day of the plan year) from the amount reported on line 2b, and divide the See Code section 436(j)(3) and ERISA section 206(g)(9)(C) result by the funding target reported on line 3d, column (3). for rules regarding circumstances in which the actuarial value ● For plans that are in at-risk status, subtract the amount of plan assets is not reduced by the funding standard carryover reported on line 13, column (b) (adjusted for interest as balance and prefunding balance for certain fully-funded plans described below, if the valuation date is not the first day of the when determining the AFTAP. Note that this special rule plan year) from the amount reported on line 2b, and divide the applies only to the calculation of the AFTAP and not to the result by the funding target reported on line 4a. FTAP reported in line 14. If the valuation date for the prior plan year was not the Report the final certified AFTAP for the plan year, even if it first day of that plan year, the amount subtracted from the does not correspond to the valuation results reported on this assets for the purpose of the above calculations is the amount Schedule SB (for instance, if any adjustments pertaining to the reported on line 13, column(b), adjusted for interest between plan year were made subsequent to the valuation or the the beginning of the prior plan year and the prior year’s AFTAP). If no AFTAP was certified for the plan year, attach an valuation date, using the effective interest rate for the prior explanation and (1) report 100%, if the plan's adjusted funding plan year. target for the plan year is zero, as described in section 1.436- 1(j)(1)(iv) of the Treasury regulations, or (2) leave line 15 blank Line 17. Ratio of Current Value of Assets to Funding if the plan's adjusted funding target for the plan year is not Target if Below 70%. This calculation is required under ERISA equal to zero. Label the attachment, "Line 15, Reconciliation section 103(d)(11). If line 2a divided by the funding target of differences between valuation results and amounts reported in line 3d, column (3), is less than 70%, enter such used to calculate AFTAP.” For plans with valuation dates percentage. Otherwise, leave this line blank. other than the first day of the plan year, report the AFTAP that Part IV – Contributions and Liquidity Shortfalls is the final certified AFTAP based on the valuation results for Line 18. Contributions Made to the Plan. Show all employer the current plan year at the time that the Schedule SB is filed and employee contributions either designated for this plan year (reflecting contributions for the current plan year and reflecting or those allocated to unpaid minimum required contributions other adjustments as described in applicable guidance), even if for a prior plan year. Do not adjust contributions to reflect that AFTAP is not used to apply the restrictions under Code interest. Show only employer contributions actually made to section 436 and ERISA section 206(g) until the following plan the plan within 8½ months after the end of the plan year for year. which this Schedule SB is filed (or actually made before the If the AFTAP reported on line 15 does not correspond to Schedule SB is signed, if earlier). the valuation results reported on this Schedule SB (for Certain employer contributions must be made in quarterly instance, if any adjustments pertaining to the plan year were installments. See Code section 430(j) and ERISA section made subsequent to the valuation), attach a schedule showing 303(j). Contributions made to meet the liquidity requirement of -84- Instructions for Schedule SB (Form 5500) |
Code section 430(j)(4) and ERISA section 303(j)(4) should be adjustments for late quarterly contributions for quarterly reported. Include contributions made to avoid benefit contributions due before the valuation date. restrictions under Code section 436 and ERISA section 206(g). Line 19a. Contributions Allocated Toward Unpaid Add the amounts in both columns 18(b) and 18(c) Minimum Required Contributions from Prior Plan Years. separately and enter each result in the corresponding column Under code section 4971(c)(4)(B), if a plan has an unpaid on the total line. All contributions except those made to avoid minimum required contribution that has not been corrected at benefit restrictions under Code section 436 and ERISA section the time a payment is made (i.e., the deadline for making the 206(g) must be credited toward minimum funding requirements minimum required contribution for a prior plan year had passed for a particular plan year. and the minimum required contribution for that year was not Line 19. Discounted Employer Contributions. Employer yet paid) that payment is allocated first to plan years with contributions reported in line 18 that were made on a date unpaid minimum required contributions, beginning with the other than the valuation date must be adjusted to reflect earliest such plan year, and then to the minimum required interest for the time period between the valuation date for the contribution for the current plan year. Within a given plan year, plan year to which the contribution is allocated and the date payments are credited first to the earliest unpaid installment the contribution was made. In general, adjust each contribution until the minimum required contribution for that plan year is using the effective interest rate for the plan year to which the satisfied. Report any contributions from line 18 that are contribution is allocated, as reported on line 5. allocated toward unpaid minimum required contributions from prior plan years, discounted for interest from the date the Allocate the interest-adjusted employer contributions to contribution was made to the valuation date for the plan year lines 19a, 19b, and 19c to report the purpose for which they for which the contribution was originally required as described were made (as described below). above. Increase the effective interest rate for the applicable Attach a schedule showing the dates and amounts of plan year by 5 percentage points for any portion of the unpaid individual contributions, the year to which the contributions (or minimum required contribution that represents a late quarterly the portion of individual contributions) are applied, the interest installment, for the period between the due date for the rate(s) used to adjust the contributions (i.e., the effective installment and the date of payment. Reflect the increased interest rate for timely contributions and the applicable interest rate for any portion of the unpaid minimum required effective interest rate plus 5% for late quarterly installments) contribution that represents a late liquidity shortfall installment, and the periods during which each rate applies, and the for the period corresponding to the time between the date the interest-adjusted contribution. It is not necessary to include installment was due and the end of the quarter during which it information regarding interest-adjusted contributions allocated was due. The amount reported in line 19a cannot be larger toward the minimum required contribution for the current year than the amount reported in line 28. (reported in line 19c) in this schedule, unless any of those For the purpose of allocating contribution amounts to contributions represent late quarterly installments. However, if unpaid minimum required contributions, any unpaid minimum any of the contributions reported in line 19c represent late required contribution attributable to an accumulated funding quarterly installments, include all contributions reported in line deficiency at the end of the last plan year before Code section 19c on this schedule. Label the attachment “Schedule SB, 430 or ERISA section 303 applied to the plan (the “pre- line 19 –Discounted Employer Contributions.” effective plan year”) is treated as a single contribution due on Special note for small plans with valuation dates after the last day of the pre-effective plan year (without separately the beginning of the plan year. If the valuation date is after identifying any portion of the accumulated funding deficiency the beginning of the plan year and contributions for the current attributable to late quarterly installments or late liquidity year were made during the plan year but before the valuation shortfall installments), and the associated effective interest rate date, such contributions are increased with interest to the is deemed to be the valuation interest rate for the pre-effective valuation date using the effective interest rate for the current plan year. plan year. These contributions and the interest calculated as Line 19b. Contributions Made To Avoid Benefit described in the preceding sentence are excluded from the Restrictions. Include in this category current year value of assets reported in lines 2a and 2b. contributions made to avoid or terminate benefit restrictions Interest adjustment for contributions representing late under Code section 436 and ERISA section 206(g). Adjust required quarterly installments — installments due after each contribution for interest from the date the contribution the valuation date. If the full amount of a required installment was made to the valuation date as described above. due after the valuation date for the current plan year is not paid Line 19c. Contributions Allocated Toward Minimum by the due date for that installment, increase the effective Required Contribution for Current Year. Include in this interest rate used to discount the contribution by 5 percentage category contributions (including any contributions made in points for the period between the due date for the required excess of the minimum required contribution) that are not installment and the date on which the payment is made. If all included in line 19a or 19b. Adjust each contribution for interest or a portion of the late required quarterly installment is due to a from the date the contribution was made to the valuation date liquidity shortfall, the increased interest rate is used for a as described above. period of time corresponding to the period between the due date for the installment and the end of that quarter, regardless Line 20. Quarterly Contributions and Liquidity Shortfalls. of when the contribution is actually paid. Line 20a. Did the Plan Have a Funding Shortfall for the Interest adjustment for contributions representing late Prior Plan Year? In accordance with Code section 430(j)(3) required quarterly installments — small plans with and ERISA section 303(j)(3), only plans that have a funding valuation dates after the beginning of the plan year - shortfall for the preceding plan year are subject to an installments due prior to the valuation date. See the accelerated quarterly contribution schedule. For this purpose, regulations under section 430 for rules regarding interest a plan is considered to have a funding shortfall for the prior year if the funding target reported on line 3d, column (3) is Instructions for Schedule SB (Form 5500) -85- |
greater than the actuarial value of assets reported on line 2b, of the funding target or the target normal cost is calculated reduced by the sum of the funding standard carryover balance using the applicable United States Treasury obligation yield and prefunding balance reported on line 13, columns (a) and curve. (b), with all figures taken from the prior year’s Schedule SB. Line 21b. Code section 430(h)(2)(E) and ERISA section If the valuation date for the prior plan year was not the first 303(h)(2)(E) provide that the segment rate(s) used to measure day of that plan year, the amount subtracted from the actuarial the funding target and target normal cost are those published value of assets for the above calculation is the sum of the by Treasury for the month that includes the valuation date amounts reported on line 13, columns (a) and (b) of the prior- (based on the average of the monthly corporate bond yield year Schedule SB, but adjusted for interest between the curves for the 24-month period ending with the month beginning of the prior plan year and the prior year’s valuation preceding that month). Alternatively, at the election of the plan date using the effective interest rate for the plan for the prior sponsor, the segment rate(s) used to measure the funding plan year. target and target normal cost may be those published by However, see Code section 430(f)(4)(B)(ii) and ERISA Treasury for any of the four months that precede the month section 303(f)(4)(B)(ii) for special rules in the case of a binding that includes the valuation date. agreement with the PBGC providing that all or a portion of the Enter the applicable month to indicate which segment rates funding standard carryover balance and/or prefunding balance were used to determine the funding target and target normal is not available to offset the minimum required contribution for cost. Enter “0” if the rates used to determine the funding target the prior plan year. and target normal cost were published for the month that Please note that a plan may be considered to have a includes the valuation date. Enter “1” if the rates were funding shortfall for this purpose even if it is exempt from published for the month immediately preceding the month that establishing a shortfall amortization base under the provisions includes the valuation date, “2” for the second preceding of Code section 430(c)(5) and ERISA section 303(c)(5). month, and “3” or “4,” respectively, for the third or fourth preceding months. For example, if the valuation date is Line 20b. If line 20a is “No” (i.e., if the plan did not have a January 1 and the funding target and target normal cost were funding shortfall in the prior plan year), the plan is not subject determined based on rates published for November, enter “2.” to the quarterly contribution rules, and this line should not be completed. If line 20a is “Yes,” check the “Yes” box on line 20b If an election under Code section 430(m)(2) applies to the if required installments for the current plan year were made in plan for a plan year, enter “0”. a timely manner; otherwise, check “No.” Note. The plan sponsor’s interest rate election under Code Line 20c. If line 20a is “No,” or the plan had 100 or fewer section 430(h)(2) or ERISA section 303(h)(2) (an election to use participants on every day of the preceding plan year (as the yield curve or an election to use an applicable month other defined for line F), the plan is not subject to the liquidity than the default month) generally may not be changed unless requirement of Code section 430(j)(4) and ERISA section the plan sponsor obtains approval from the IRS. However, see 303(j)(4) and this line should not be completed. Attach a the regulations under section 430(h)(2) for circumstances in certification by the enrolled actuary if the special rule for which a change in interest rate may be made without obtaining nonrecurring circumstances is used, and label the certification approval from the IRS. “Schedule SB, line 20c –Liquidity Requirement Line 22. Weighted Average Retirement Age. Enter the Certification.” See Code section 430(j)(4)(E)(ii)(II) and ERISA weighted average retirement age for active participants. If the section 303(j)(4)(E)(ii)(II). plan is in at-risk status, enter the weighted average retirement If the plan is subject to the liquidity requirement and has a age as if the plan were not in at-risk status. If each participant liquidity shortfall for any quarter of the plan year (see Code is assumed to retire at his/her normal retirement age, enter the section 430(j)(4)(E) and ERISA section 303(j)(4)(E)), enter the age specified in the plan as normal retirement age. If the amount of the liquidity shortfall for each such quarter. If the normal retirement age differs for individual participants, enter plan was subject to the liquidity requirement but did not have a the age that is the weighted average normal retirement age; do liquidity shortfall, enter zero. File IRS Form 5330, Return of not enter “NRA.” Otherwise, enter the assumed retirement age. Excise Taxes Related to Employee Benefit Plans, with the IRS If the valuation uses rates of retirement at various ages, enter to pay the 10% excise tax(es) if there is a failure to pay any the nearest whole age that is the weighted average retirement liquidity shortfall by the required due date, unless a waiver of age. the 10% tax has been granted under Code section 4971(f)(4) On an attachment to Schedule SB, list the rate of Part V – Assumptions Used To Determine Funding retirement at each age and describe the methodology used to compute the weighted average retirement age, including a Target and Target Normal Cost description of the weight applied at each potential retirement Line 21. Discount Rate. All discount rates are to be reported age, and label the attachment “Schedule SB, line 22 – and used as published by the IRS, and are to be applied as Description of Weighted Average Retirement Age.” annual rates without adjustment. Line 23. Mortality Tables. Mortality tables described in Code Line 21a. Enter the three segment rates used to calculate the section 430(h)(3), ERISA section 303(h)(3), and section funding target and target normal cost as provided under Code 1.430(h)(3)-1 of the regulations as published by the IRS must section 430(h)(2)(C) and ERISA section 303(h)(2)(C) and as be used to determine the funding target and target normal cost published by the IRS, unless the plan sponsor has elected to for non-disabled participants and may be used to determine use the full yield curve. If the sponsor has elected to use the the funding target and target normal cost for disabled full yield curve, check the “N/A, full yield curve used” box. participants, unless the IRS has approved (or was deemed to If an election under Code section 430(m)(2) applies to the have approved) the use of a substitute mortality table for the plan for a plan year, enter 8.00% in each of the three segment plan. Standard mortality tables must be either applied on a rates. Do not check the full yield curve box, even if some or all generational basis, or the tables must be updated to reflect the -86- Instructions for Schedule SB (Form 5500) |
static tables published for the year in which the valuation date determining the Schedule SB entries that are not prescribed by occurs. Substitute mortality tables must be applied in law. accordance with the terms of the IRS ruling letter. Also attach a summary of the principal eligibility and benefit Separate standard mortality tables were published by the provisions on which the valuation was based, including the IRS for annuitants (rates applying for periods when a status of the plan (e.g., frozen eligibility, service/pay, or participant is assumed to receive a benefit under the plan) and benefits), optional forms of benefits, special plan provisions, nonannuitants (rates applying to periods before a participant is including those that apply only to a subgroup of employees assumed to receive a benefit under the plan). If a plan has 500 (e.g., those with imputed service), supplemental benefits, and or fewer participants as of the valuation date for the current identification of benefits not included in the valuation, a plan year as reported in line 3d, column (1), the plan sponsor description of any significant events that occurred during the can elect to use the combined mortality tables published by the year, a summary of any changes in principal eligibility or benefit IRS, which reflect combined rates for both annuitants and provisions since the last valuation, and a description (or nonannuitants. reasonably representative sample) of plan early retirement Check the applicable box to indicate which set of mortality reduction factors and optional form conversion factors. Label the tables was used to determine the funding target and target summary “Schedule SB, Part V – Summary of Plan normal cost. If one set of mortality tables was used for certain Provisions.” populations within the plan and a different set of mortality Also, include any other information needed to disclose the tables was used for other populations, check the box for the actuarial position of the plan fully and fairly. set of mortality tables that applied to the largest population. If Part VI – Miscellaneous Items more than one set of mortality tables were used (other than for disabled lives pursuant to section 430(h)(3)(D)), attach a Line 24. Change in Non-Prescribed Actuarial Assumptions . statement describing the mortality tables used for each If a change has been made in the non-prescribed actuarial population and the size of that population. Label the assumptions for the current plan year, check “Yes.” If the only attachment “Schedule SB, line 23 – Information on Use of assumption changes are statutorily required changes in the Multiple Sets of Mortality Tables.” discount or mortality rates, or changes required for plans in at- risk status, check “No.” Include as an attachment a description ● Check “Prescribed–combined” if the funding target and target of any change in non-prescribed actuarial assumptions and normal cost are based on the prescribed tables with combined justifications for any such change. (See section 103(d) of annuitant/nonannuitant mortality rates. ERISA.) Label the attachment “Schedule SB, line 24 – ● Check “Prescribed–separate” if the funding target and target Change in Actuarial Assumptions.” normal cost are based on the prescribed tables with separate mortality rates for nonannuitants and annuitants. If the “Yes” box is checked and the non-prescribed ● Check “Substitute” if the funding target and target normal assumptions have been changed in a way that decreases the cost are based on substitute mortality tables. If substitute funding shortfall for the current plan year, approval for such a mortality tables are used, attach a statement including a change may be required. summary of plan populations for which substitute mortality Line 25. Change in Method. If a change in the method has tables are used, plan populations for which the prescribed been made for the current plan year, check “Yes.” For this tables are used, the mortality ratio used to develop the table purpose, a change in funding method refers to not only a for any population, whether the table is constructed based on change in the overall method used by the plan, but also each full or partial credibility, the partial credibility weighting factor if specific method of computation used in applying the overall applicable, plan populations for which the prescribed tables are method. Accordingly, funding method changes include used, and the last plan year for which the IRS approval of the modifications such as a change in the method for calculating the substitute mortality tables applies. Label the attachment actuarial value of assets or a change in the valuation date (not “Schedule SB, line 23 – Information on Use of Substitute an exclusive list). Also check "Yes" if there has been a change Mortality Tables.” in the method for determining the discount rates reported in line Attach a statement of actuarial assumptions and funding 21. In general, any changes in a plan’s method must be methods used to calculate the Schedule SB entries and label approved by the IRS. However, see the regulations under Code the statement “Schedule SB, Part V – Statement of Actuarial section 430 and Revenue Procedure 2017-56, 2017-44 IRB Assumptions/Methods.” The statement must describe all non- 465, for circumstances in which a change in method may be prescribed actuarial assumptions (e.g., retirement, withdrawal made without obtaining approval from the IRS. rates) used to determine the funding target and target normal Include, as an attachment, a description of the change. cost, including the assumption as to the frequency with which Label the attachment “Schedule SB, line 25 – Change in participants are assumed to elect each optional form of benefit Method.” (including lump sum distributions), whether mortality tables are applied on a static or generational basis, whether combined Note. The plan sponsor’s agreement to certain changes in mortality tables are used instead of separate annuitant and funding method should be reported on line 8 of Schedule R nonannuitant mortality tables (for plans with 500 or fewer (Form 5500). participants as of the valuation date), and (for target normal cost) expected plan-related expenses and increases in compensation. For applicable defined benefit plans under Code section 411(a)(13)(C) and ERISA section 203(f)(3) (e.g., cash balance plans) the statement must include the assumptions used to convert balances to annuities. In addition, the statement must describe the method for determining the actuarial value of assets and any other aspects of the funding method for Instructions for Schedule SB (Form 5500) -87- |
Schedule SB, line 26a –Schedule of Active Participant Data YEARS OF CREDITED SERVICE Under 1 1 to 4 5 to 9 40 & up Attained Average Average Average Average Age No. Comp. Cash Bal. No. Comp. Cash Bal. No. Comp. Cash Bal. No. Comp. Cash Bal. Under 25 25 to 29 30 to 34 35 to 39 40 to 44 45 to 49 50 to 54 55 to 59 60 to 64 65 to 69 70 & up Line 26a. Schedule of Active Participant Data. Check “Yes” General Rule. When all active participants in the plan have only if (a) the plan is covered by Title IV of ERISA and (b) the a cash balance account, data to be shown in each bin includes: plan has active participants. 1. The number of active participants in the age/service bin, If line 26a is “Yes,” attach a schedule of the active plan 2. The average compensation of the active participants in participant data used in the valuation for this plan year. Use the the age/service bin, and format shown on the following page and label the schedule 3. The average cash balance account of the active “Schedule SB, line 26a – Schedule of Active Participant participants in the age/service bin. Data.” The attachment may be provided as a structured If the accrued benefit is the greater of a cash balance benefit attachment, e.g., in a spreadsheet file (CSV format). or some other benefit, average in only the cash balance Expand this schedule by adding columns after the “5 to 9” account. If the accrued benefit is the sum of a cash balance column and before the “40 & up” column for active participants account benefit and some other benefit, average in only the with total years of credited service in the following ranges: 10 to cash balance account. For both the average compensation and 14; 15 to 19; 20 to 24; 25 to 29; 30 to 34; and 35 to 39. For each the average cash balance account, do not enter an amount for column, enter the number of active participants with the age/service bins with fewer than 20 active participants. specified number of years of credited service divided according When some active participants do not have cash balance to age group. For participants with partial years of credited accounts, an alternative is provided for showing compensation service, truncate the total number of years of credited. Years of and cash balance accounts, requiring two age/service scatters credited service are the years credited under the plan’s benefit as follows: formula. ● Scatter 1 – Provide participant count and average Plans reporting 1,000 or more active participants on line 3c, compensation for all active participants. column (1), must also provide average compensation data. For ● Scatter 2 – Provide participant count and average cash each grouping, enter the average compensation of the active balance account for only those active participants with participants in that group. For this purpose, compensation is the account-based benefits. If the number of participants with compensation taken into account for each participant under the account-based benefits in a bin is fewer than 20, the average plan’s benefit formula, limited to the amount defined under account should not be shown even if there are 20 or more section 401(a)(17) of the Code. Do not enter the average active participants in this bin on Scatter 1. compensation in any grouping that contains fewer than 20 participants. In general, information should be determined as of the valuation date. Average cash balance accounts may be In the case of a plan under which benefits are primarily pay- determined as of either: related and under which no future accruals are granted (i.e., a “hard-frozen” plan as defined in the instructions for plan 1. The valuation date or characteristic “1I” applicable to line 8a of the Form 5500), report 2. The day immediately preceding the valuation date. the average annual accrued benefit in lieu of average Average cash balance accounts that are offset by amounts compensation. Include a note on the scatter indicating that the from another plan may be reported either as amounts prior to plan is “hard frozen” and the average accrued benefits are in taking into account the offset or as amounts after taking into lieu of compensation. account the offset. Do not report the offset amount. For this or Cash balance plans (or any plans using characteristic code any other unusual or unique situation, the attachment should 1C on line 8a of Form 5500) reporting 1,000 or more active include an explanation of what is being provided. participants on line 3d, column (1), must also provide average If the plan is a multiple-employer plan, complete one or more cash balance account data, regardless of whether all active schedules of active-participant data in a manner consistent with participants have cash balance accounts. For each age/service the computations for the funding requirements reported in Part bin, enter the average cash balance account of the active VIII. For example, if the funding requirements are computed as if participants in that bin. Do not enter the average cash balance each participating employer maintained a separate plan, attach account in any age/service bin that contains fewer than 20 a separate “Schedule SB, line 26a – Schedule of Active active participants. -88- Instructions for Schedule SB (Form 5500) |
Participant Data” for each participating employer in the 2 This code, formerly used by certain plans multiple-employer plan. maintained by PBGC settlements as described Line 26b. Schedule of Projection of Expected Benefit in section 105 of PPA, is no longer applicable Payments. Check “Yes” only if this plan is covered by Title IV and should not be used of ERISA and has 1,000 or more total participants as of the 3 Reserved valuation date. 4 Plans with binding agreements with PBGC to maintain prefunding and/or funding standard If line 26b is “Yes,” in an attachment, provide a projection of carryover balances described in Code section benefits expected to be paid separately for active participants, 430(f)(4)(B)(ii) and ERISA section terminated vested participants, and retired participants and 303(f)(4)(B)(ii) beneficiaries receiving payments, and for the entire plan (not to 5 This code, formerly used by airlines using 10- include expected expenses) in each of the next fifty years year amortization period for initial post-PPA starting with the plan year and based on the participant’s shortfall amortization base under section status as of the valuation date. For purposes of this projection, 402(a)(2) of PPA (as amended), is no longer assume (1) no additional accruals, (2) experience (e.g., applicable and should not be used. termination, mortality, and retirement) is in line with valuation 6 Airlines with frozen plans using alternative 17- assumptions, (3) no new entrants, and (4) benefits are paid in year funding schedule under section 402(a)(1) the form assumed for valuation purposes. of PPA Note. If the plan is using the annuity substitution rule provided 7 Interstate transit company described in section in Treasury Regulations section 1.430(d)-1(f)(4)(iii)(B) to 115 of PPA determine the funding target, for purposes of this attachment, 8 This code, formerly used by a plan subject to instead of assuming benefits are paid in the form assumed for section 104 of PPA (as amended) that is not a valuation purposes, you may assume benefits are paid as an CSEC plan, is no longer applicable and should annuity (i.e., you may report the projected benefits that are not be used. used to determine the funding target). 9 Community Newspaper plans and plans within Use the format shown below and label this attachment the controlled group, as described in SECURE “Schedule SB, line 26b – Schedule of Projection of Act section 115. Expected Benefit Payments.” The attachment may be provided as a structured attachment, e.g., in a spreadsheet file Special Instructions for codes 1 through 9 (CSV format). CSEC Plans, as described in Code section 414(y) and Schedule SB, line 26b – Schedule of Projection of subject to Code section 433 (code 1). Expected Benefit Payments Complete only the following on Schedule SB: Plan Active Terminated Retired Total Lines A through F Year Participants Vested Participants Part I (including signature of enrolled actuary), Participants and Beneficiaries determined as if PPA ’06 provisions were effective for Receiving all plan years beginning after December 31, 2007. Payments Part III, line 14, determined as if PPA ‘06 provisions Current were effective for all plan years beginning after Plan Year December 31, 2007. Current Part IV, line 18. Plan Year Part V, determined as if PPA ‘06 provisions were + 1 effective for all plan years beginning after December Etc. 31, 2007. Current Also, report other information for the current plan year Plan Year using a 2007 Schedule B (Form 5500). Label this attachment + 49 “Schedule SB, line 27 – Actuarial Information for CSEC Plans.” Each attachment must include the plan name, the plan Line 27. Alternative Funding Rules. If one of the alternative sponsor’s name and EIN, and the plan number. Complete all funding rules was used for this plan year, enter the appropriate items from the 2007 Schedule B, excluding line 9f and Part II, code from the table below and follow the special instructions and attach the 2007 Schedule B and all applicable applicable to that code, including completion of any required attachments to the Schedule SB. Note that under PPA ‘06, the attachments. third segment rate determined under Code Code Alternative Funding Rule section 430(h)(2)(C)(iii) and ERISA section 303(h)(2)(C)(iii) is 1 A CSEC plan that is described in Code section substituted for the current liability interest rate under Code 414(y). This includes certain multiple-employer section 412(b)(5)(B) and ERISA section 302(b)(5)(B) (as in plans maintained by rural cooperatives and effect before PPA ‘06). other specified cooperative organizations and If the plan’s funded percentage (as defined in Code section certain plans maintained by more than 1 433(j)(5)(B)) as of the beginning of the plan year is less than employer (determined after application of Code 80%, then the plan is in funding restoration status. If the plan’s section 414(b) and (c)), all of which are enrolled actuary certifies that the plan is in funding restoration described in Code section 501(c)(3). Do not use status for a plan year, include the following additional Code 1 for a plan that satisfies the definition of a information in the attachment “Schedule SB, line 27 – CSEC plan that has made the election to not be Actuarial Information for CSEC Plans:” (a) the annual treated as a CSEC plan. certification by the enrolled actuary for the plan; and (b) the Instructions for Schedule SB (Form 5500) -89- |
value of plan assets and the funding liability, including any 2. Employer contributions for the plan year, discounted for adjustments to these amounts as specified in Code section interest to the valuation date for the plan year, and using a rate 433(j)(4) and ERISA section 306(j)(4). of 8.85%; and If a plan in funding restoration status has an accumulated 3. Contribution shortfall, if any ((1)-(2) but not less than funding deficiency based on the excess of the employer’s zero). normal cost determined under line 9b, over the amount Interstate transit company (code 7). Complete the entire actually contributed to the plan for the plan year, as Schedule SB, reflecting the modifications to the otherwise- determined under Code section 433(j)(1) and ERISA section required funding rules under section 115(b) of PPA, and 306(j)(1), then the details of this calculation must be included disregarding the attachment required for plans reporting the use in the attachment “Schedule SB, line 27 – Actuarial of the substitute mortality table in line 23. Information for CSEC Plans.” In the case of a plan for which Part VII – Reconciliation of Unpaid Minimum a spread gain funding method is used, the normal cost that is Required Contributions for Prior Years used to apply this rule is the normal cost determined under the entry age normal cost funding method. Line 28. Unpaid Minimum Required Contributions for Prior Years. Enter the total amount of any unpaid minimum required Plans with binding agreements with the PBGC to contributions for all years from line 40 of the Schedule SB for maintain prefunding and/or carryover balances (code 4). the prior plan year. Complete the entire Schedule SB and attachments as outlined in these instructions. In addition, report on an attachment the If this is the first year that the plan is subject to the minimum amount subject to the binding agreement with the PBGC, funding requirements of Code section 430 or ERISA section reported separately for the funding standard carryover balance 303, enter the amount of any accumulated funding deficiency at and prefunding balance. Label the attachment “Schedule SB, the end of the prior year (the pre-effective plan year). This is the line 27 – Balances Subject to Binding Agreement with amount reported on line 9p of the 2007 Schedule B form that PBGC.” was submitted as an attachment to the Schedule SB for the pre- effective plan year. Airlines with frozen plans using alternative 17-year funding schedule (code 6). Complete the following lines on Line 29. Employer Contributions Allocated Toward Unpaid Schedule SB and provide associated attachments: Minimum Required Contributions from Prior Years. Enter the total amount of discounted contributions made for the ● Lines A through F. current plan year allocated toward unpaid minimum required ● Part I (including signature of enrolled actuary) – complete all contributions from prior years as reported in line 19a. lines. ● Parts III through VII – complete all lines. Line 30. Remaining Unpaid Minimum Required Contributions. Enter the amount in line 28 minus the amount For this purpose, disregard the special funding rules under in line 29. section 402(e) of PPA except for the information reported on the following lines: Part VIII – Minimum ● Line 19 – Discount contributions to the applicable valuation Required Contribution for Current Year date using the 8.85% discount rate provided under section Line 31. Target Normal Cost and Excess Assets. 402(e)(4)(B) of PPA. Line 31a Target Normal Cost (line 6c).. Enter the target ● Line 20 – Reflect required quarterly installments based on normal cost as reported in line 6c. the minimum required contribution determined under section 402(e) of PPA to the extent applicable (i.e., for purposes of Line 31b. Excess Assets. Enter the excess, if any, of the calculating the required annual payment under Code section value of assets reported on line 2b reduced by any funding 430(j)(3)(D)(ii)(l) and ERISA section 303(j)(3)(D)(ii)(l)). standard carryover balance and prefunding balance on line 13, ● Line 29 – Reflect the minimum required contribution columns (a) and (b), over the funding target reported on line determined under section 402(e) of PPA when determining the 3d, column (3). If the valuation date is not the first day of the unpaid minimum required contribution. plan year, excess assets are determined as the value of assets reported on line 2b reduced by any funding standard carryover Also, attach a worksheet showing the information below, balance and prefunding balance reported on line 13, columns determined in accordance with section 402(e) of PPA. Label this (a) and (b), adjusted for interest at the effective interest rate for worksheet “Schedule SB, line 27 – Alternative 17-Year the period between the beginning of the plan year and the Funding Schedule for Airlines.” valuation date, minus the funding target reported on line 3d, ● Date as of which plan benefits were frozen as required under column (3) (but not less than zero). Limit the amount reported section 402(b)(2) of PPA. in line 31b so that it is not greater than the target normal cost ● Date on which the first applicable plan year began. reported in line 31a. ● Accrued liability under the unit credit method calculated as of Line 32. Amortization Installments. the first day of the plan year, using an interest rate of 8.85%. ● A summary of all other assumptions used to calculate the Line 32a. Shortfall Amortization Bases and Amortization unit credit accrued liability. Installments. Outstanding balance — If the plan’s funding ● Fair market value of assets as of the first day of the plan shortfall (determined under Code section 430(c)(4) and ERISA year. section 303(c)(4)) is zero, all amortization bases and related ● Unfunded liability under section 402(e)(3)(A) of PPA. installments are considered fully amortized. In this case, enter ● Alternative funding schedule: zero. Otherwise, enter the sum (but not less than zero) of the outstanding balances of all shortfall amortization bases 1. Contribution necessary to amortize the unfunded liability (including any new shortfall amortization base established for over the remaining number of years, assuming payments at the current plan year). The outstanding balance for each the valuation date for each plan year and using an interest rate amortization base established in past years is equal to the of 8.85%; -90- Instructions for Schedule SB (Form 5500) |
present value as of the valuation date of any remaining 2. The shortfall amortization installment that corresponds to amortization installments for each base (including the any new shortfall amortization base established for the current amortization installment for the current plan year), using the plan year. This amount is the level amortization payment that interest rates reported on line 21. will amortize the new shortfall amortization base over 15 A plan is generally exempt from the requirement to establish annual payments, using the interest rates reported in line 21 a new shortfall amortization base for the current plan year if the for the current plan year. funding target reported on line 3d, column (3), is less than or Note. Shortfall amortization installments for a given shortfall equal to the reduced value of assets as described below. amortization base are not re-determined from year to year For the purpose of determining whether a plan is exempt regardless of any changes in interest rates or valuation dates. from the requirement to establish a new shortfall amortization Note. If an election was made to use an alternative shortfall base for the current plan year, the reduced value of assets is the amortization schedule under Code section 430(c)(2)(D) and amount reported on line 2b, reduced by the full value of the ERISA section 303(c)(2)(D) added by PRA 2010, the shortfall prefunding balance reported on line 13, column (b), adjusted for amortization installment is the amount determined in interest for the period between the beginning of the plan year accordance with the shortfall amortization schedule chosen and the valuation date using the effective interest rate for the and guidance issued by Treasury and the IRS. Include any current plan year, if the valuation date is not the first day of the increase to the shortfall amortization installment for this year plan year. However, the assets are reduced by the prefunding due to the installment acceleration amount, as provided in balance if and only if the plan sponsor has elected to use any Code section 430(c)(7) and ERISA section 303(c)(7). portion of the prefunding balance to offset the minimum required Line 32b. Waiver Amortization Bases and Amortization contribution for the current plan year, as reported on line 35. Installments. Outstanding balance — If the plan’s funding The assets are not reduced by the amount of any funding shortfall (determined under Code section 430(c)(4) and ERISA standard carryover balance for this calculation regardless of section 303(c)(4)) is zero, all waiver amortization bases and whether any portion of the funding standard carryover balance related installments are considered fully amortized. In this is used to offset the minimum required contribution for the plan case, enter zero. Otherwise, enter the present value as of the year. valuation date of all remaining waiver amortization installments If the plan is not exempt from the requirement to establish a (including any installment for the current plan year), using the new shortfall amortization base for the current plan year, the interest rates reported on line 21. Do not include any new amount of that base is generally equal to the difference between waiver amortization base established for a waiver of minimum the funding shortfall as of the valuation date (determined under funding requirements for the current plan year. Code section 430(c)(4) and ERISA section 303(c)(4)) and the Waiver amortization installments — Enter the sum of any sum of any outstanding balances of any previously established remaining waiver amortization installments that were shortfall and waiver amortization bases. The new shortfall established to amortize any waiver amortization bases for prior amortization base may be either greater than or less than zero. plan years, unless such bases have been or are deemed to be For the purpose of determining the amount of any new fully amortized. Do not include an amortization installment for shortfall amortization base, the funding shortfall is equal to the any new waiver amortization base established for a waiver of amount of the funding target reported on line 3d, column (3), minimum funding requirements for the current plan year. minus the reduced value of assets, but not less than zero. Note. If a waiver of minimum funding requirements has been If the plan’s valuation date is the first day of the plan year, granted for the current plan year, a waiver amortization base is then the reduced value of assets for the purpose of determining established as of the valuation date for the current plan year the amount of any new shortfall amortization base is the amount equal to the amount of the funding waiver reported in line 33. reported on line 2b, reduced by the sum of the funding standard The waiver amortization installment that corresponds to any carryover balance and the prefunding balance reported on line waiver amortization base established for the current year is the 13, columns (a) and (b). However, if the plan’s valuation date is level amortization payment that will amortize the new waiver not the first day of the plan year, then the reduced value of amortization base over 5 annual payments, using the same assets for the purpose of determining the amount of any new segment interest rates or rates from the full yield curve shortfall amortization base is the amount reported on line 2b, reported on line 21 for the current plan year, but with the first reduced by the sum of the funding standard carryover balance payment due on the valuation date for the following plan year. and the prefunding balance reported on line 13, columns (a) and The amount of the waiver amortization base and the waiver (b), adjusted for interest for the period between the beginning of amortization installments for this base are not reported in line the plan year and the valuation date (using the effective interest 32b for the year in which they are established. Rather, these rate for the current plan year). See Code section 430(f)(4)(B)(ii) are included in the entries for line 32b on the Schedule SB for and ERISA section 303(f)(4)(B)(ii) for special rules in the case of the following plan year. a binding agreement with the PBGC providing that all or a Note. Waiver amortization installments (including the waiver portion of the funding standard carryover balance and/or amortization installments of any waiver amortization base prefunding balance is not available to offset the minimum established for the prior plan year) are not re-determined from required contribution for the plan year. year to year regardless of any changes in interest rates or Shortfall amortization installment — Enter the sum (but not valuation dates. less than zero) of: Required attachment. If there are any shortfall or waiver 1. Any shortfall amortization installments that were amortization bases, include as an attachment a listing of all established to amortize shortfall amortization bases bases (other than a base established for a funding waiver for the established in prior years, excluding amortization installments current plan year) showing for each base: for bases that have been or are deemed to be fully amortized, 1. The type of base (shortfall or waiver), and 2. The present value of any remaining installments (including the installment for the current plan year), Instructions for Schedule SB (Form 5500) -91- |
3. The valuation date as of which the base was established, Refer to the regulations under Section 430 of the Code for 4. The number of years remaining in the amortization additional information. period, and Special rule for elections to use balances in excess of 5. The amortization installment. the minimum required contribution. Section 1.430(f)-1(f)(3)(ii) If a base is negative (i.e., a “gain base”), show amounts in of the regulations provides an exception to the general rule parentheses or with a negative sign in front of them. All requiring that any elections to use the funding standard amounts must be calculated as of the valuation date for the carryover balance and/or prefunding balance to offset the plan year. minimum required contribution are irrevocable. Under this If any of the shortfall amortization bases shown on this exception, such an election may be revoked to the extent that attachment are being amortized using an alternative the amount of the election exceeds the minimum required amortization schedule in accordance with Code section contribution for the plan year as reported in line 34. If a timely 430(c)(2)(D) or ERISA section 303(c)(2)(D), identify the election is made to revoke the excess amount, report only the amortization schedule being used and show separately the amount of the election used to offset the minimum required amount of any installment acceleration amount added to the contribution on line 35. If the excess amount is not revoked by shortfall amortization installment for the current plan year means of a timely election, report the full amount of the election under Code section 430(c)(7) or ERISA section 303(c)(7). on line 35 even if it exceeds the minimum required contribution Label the schedule “Schedule SB, line 32 – Schedule of reported on line 34. Amortization Bases.” Line 36. Additional Cash Requirement. Enter the amount in Line 33. Funding Waiver. If a waiver of minimum funding line 34 minus the amount in the “Total Balance” column in line requirements has been approved for the current plan year, 35. (The result cannot be less than zero.) This represents the enter the date of the ruling letter granting the approval and the contribution needed to satisfy the minimum funding waived amount (reported as of the valuation date) in the requirement for the current year, adjusted for interest to the spaces provided. If a waiver is pending, do not complete this valuation date. line. If a pending waiver is granted after Form 5500 is filed, file Line 37. Contributions Allocated Toward Minimum an amended Form 5500 with an amended Schedule SB. Required Contribution for Current Year, Adjusted to Line 34. Total Funding Requirement Before Reflecting Valuation Date. Enter the amount reported in line 19c. Carryover/Prefunding Balances. Enter the target normal cost Line 38. Present Value of Excess Contributions for Current in line 31a, minus the excess assets in line 31b, plus the Year. amortization installments reported in lines 32a and 32b, Line 38a. If line 37 is greater than line 36, enter the amount by reduced by any waived amounts reported in line 33. which line 37 exceeds line 36. Otherwise, enter “0.” This Line 35. Balances Elected for Use to Offset Funding amount (plus interest, if applicable) is the maximum amount by Requirement. If the percentage reported on line 16 is at least which the plan sponsor may elect to increase the prefunding 80%, and the plan has a funding standard carryover balance balance. and/or prefunding balance (as reported on line 13, columns (a) Line 38b. Enter the amount of any portion of the amount and (b)), the plan sponsor may elect to credit all or a portion of shown on line 38a that results solely from the use of the such balances against the minimum required contribution. funding standard carryover balance and/or prefunding balance Enter the amount of any balance elected for use for this to offset the minimum required contribution. purpose in the applicable column of line 35, and enter the total in the column headed “Total Balance.” No portion of the Line 39. Unpaid Minimum Required Contribution for prefunding balance can be used for this purpose unless the full Current Year. If line 37 is less than line 36, enter the amount amount of any remaining funding standard carryover balance by which line 36 exceeds line 37. Otherwise, enter “0”. (line 13, column (a)) is used. The amounts entered on line 35 Line 40. Unpaid Minimum Required Contributions for All cannot be larger than the corresponding amounts on line 13 Years. Enter the sum of the remaining unpaid minimum (unless the plan’s valuation date is not the first day of the plan required contributions from line 30 and the unpaid minimum year, as discussed below). required contribution for the current year from line 39. If this If the plan’s valuation date is not the first day of the plan amount is greater than zero, file IRS Form 5330, Return of year, adjust the portion of the funding standard carryover Excise Taxes Related to Employee Benefit Plans and pay the balance and prefunding balance used to offset the minimum 10% excise tax on the unpaid minimum required contributions. required contribution for interest between the beginning of the In addition, if this is a PBGC-covered plan and reporting to plan year and the valuation date using the effective interest rate PBGC is not waived under 29 CFR 4043.25(c), file PBGC for the current plan year. Form 10 or PBGC Form 200, whichever is applicable. Special rule for late election to apply balances to Part IX –Pension Funding Relief under the American quarterly installments. If an election was made to use the Rescue Plan Act of 2021 funding standard carryover balance or the prefunding balance to Line 41. If an election was made under Code section 430(c)(8) offset the amount of a required quarterly installment, but the or ERISA section 303(c)(8) to apply the extended amortization election was made after the due date of the installment, the rule for a plan year beginning on or before December 31, amount reported on line 35 may not be the same amount that is 2021, check the box to indicate the first plan year for which the subtracted from the plan’s balances in the following plan year (to rule applies (i.e., the box for the 2019, 2020, or 2021 plan be reported in line 8 of Schedule SB for the following plan year). year). -92- Instructions for Schedule SB (Form 5500) |
OMB Control Numbers Agency OMB Number Employee Benefits Security Administration...............................................1210 - 0110 and 1210 - 0089 Pension Benefit Guaranty Corporation .....................................................1212 - 0057 Internal Revenue Service ..........................................................................1545 - 1610 Paperwork Reduction Act Notice We ask for the information on this form to carry out the law as specified in ERISA and in Code sections 6047(e), 6058(a), and 6059(a). You are required to give us the information. We need it to determine whether the plan is operating according to the law. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books and records relating to a form or its instructions must be retained as long as their contents may become material in the administration of the Internal Revenue Code or are required to be maintained pursuant to Title I or IV of ERISA. Generally, the Form 5500 return/reports are open to public inspection and are subject to publication on the Internet. The time needed to complete and file the forms listed below reflects the combined requirements of the Internal Revenue Service, Department of Labor, and Pension Benefit Guaranty Corporation. These times will vary depending on individual circumstances. The estimated average times are: Pension Plans Welfare Plans Large Small Large Small Form 5500 1 hr., 50 min. 1 hr., 19 min. 1 hr., 45 min. 1 hr., 14 min. Schedule A 2 hr., 52 min. 2 hr., 52 min. 3 hr., 40 min. 2 hr., 43 min. Schedule C 2 hr., 51 min N/A 3 hr., 38 min. N/A Schedule D 1 hr., 39 min. 20 min. 1 hr., 52 min. 20 min. Schedule DCG 1 hr., 33 min. N/A N/A N/A Schedule G 14 hr., 49 min. N/A 11 hr., 0 min. N/A Schedule H 7 hr., 40 min. N/A 8 hr., 36 min. N/A Schedule I N/A 2 hr., 6 min. N/A 1 hr., 56 min. Schedule MB 8 hr., 52 min. 8 hr., 40 min. N/A N/A Schedule MEP 14 min. 10 min. N/A N/A Schedule R 1 hr., 43 min. 1 hr., 7 min. N/A N/A Schedule SB 6 hr., 38 min. 6 hr., 49 min. N/A N/A If you have comments concerning the accuracy of these time estimates or suggestions for making these forms simpler, we would be happy to hear from you. You can write to the Internal Revenue Service, Tax Products Coordinating Committee, SE:W:CAR:MP:T:T:SP, 1111 Constitution Ave NW, IR-6526, Washington, DC 20224. Do not send any of these forms or schedules to this address. The forms and schedules must be filed electronically. See How To File – Electronic Filing Requirement. -93- |
Forms 5500, 5500-SF, and This list of principal business activities and their associated codes These principal activity codes are based on the North American 5500-EZ Codes for Principal is designed to classify an enterprise by the type of activity in Industry Classification System. which it is engaged. Business Activity Code Code Code Code Agriculture, Forestry, Fishing Specialty Trade Contractors Printing and Related Support Computer and Electronic Product and Hunting 238100 Foundation, Structure, & Activities Manufacturing Crop Production Building Exterior Contractors 323100 Printing & Related Support 334110 Computer & Peripheral 111100 Oilseed & Grain Farming (including framing carpentry, Activities Equipment Mfg 111210 Vegetable & Melon Farming masonry, glass, roofing, & Petroleum and Coal Products 334200 Communications Equipment (including potatoes & yams) siding) Manufacturing Mfg 111300 Fruit & Tree Nut Farming 238210 Electrical Contractors 324110 Petroleum Refineries 334310 Audio & Video Equipment Mfg 111400 Greenhouse, Nursery, & 238220 Plumbing, Heating, & (including integrated) 334410 Semiconductor & Other Floriculture Production Air-Conditioning Contractors 324120 Asphalt Paving, Roofing, & Electronic Component Mfg 111900 Other Crop Farming 238290 Other Building Equipment Saturated Materials Mfg 334500 Navigational, Measuring, (including tobacco, cotton, Contractors 324190 Other Petroleum & Coal Electromedical, & Control sugarcane, hay, peanut, 238300 Building Finishing Products Mfg Instruments Mfg sugar beet, & all other crop Contractors (including Chemical Manufacturing 334610 Manufacturing & Reproducing farming) drywall, insulation, painting, 325100 Basic Chemical Mfg Magnetic & Optical Media Animal Production wallcovering, flooring, tile, & 325200 Resin, Synthetic Rubber, & Electrical Equipment, Appliance, and 112111 Beef Cattle Ranching & finish carpentry) Artificial & Synthetic Fibers & Component Manufacturing Farming 238900 Other Specialty Trade Filaments Mfg 335100 Electric Lighting Equipment 112112 Cattle Feedlots Contractors (including site 325300 Pesticide, Fertilizer, & Other Mfg 112120 Dairy Cattle & Milk preparation) Agricultural Chemical Mfg 335200 Major Household Appliance Mfg Production Manufacturing 325410 Pharmaceutical & Medicine Mfg 335310 Electrical Equipment Mfg 112210 Hog & Pig Farming Food Manufacturing 325500 Paint, Coating, & Adhesive Mfg 335900 Other Electrical Equipment & 112300 Poultry & Egg Production 311110 Animal Food Mfg 325600 Soap, Cleaning Compound, & Component Mfg 112400 Sheep & Goat Farming 311200 Grain & Oilseed Milling Toilet Preparation Mfg Transportation Equipment 112510 Aquaculture (including 311300 Sugar & Confectionary 325900 Other Chemical Product & Manufacturing shellfish & finfish farms & Product Mfg Preparation Mfg 336100 Motor Vehicle Mfg hatcheries) 311400 Fruit & Vegetable Preserving Plastics and Rubber Products 336210 Motor Vehicle Body & Trailer 112900 Other Animal Production & Specialty Food Mfg Manufacturing Mfg Forestry and Logging 311500 Dairy Product Mfg 326100 Plastics Product Mfg 336300 Motor Vehicle Parts Mfg 113110 Timber Tract Operations 311610 Animal Slaughtering and 326200 Rubber Product Mfg 336410 Aerospace Product & Parts 113210 Forest Nurseries & Gathering Processing Nonmetallic Mineral Product Mfg of Forest Products 311710 Seafood Product Preparation Manufacturing 336510 Railroad Rolling Stock Mfg 113310 Logging & Packaging 327100 Clay Product & Refractory Mfg 336610 Ship & Boat Building Fishing, Hunting and Trapping 311800 Bakeries, Tortilla & Dry Pasta 327210 Glass & Glass Product Mfg 336990 Other Transportation 114110 Fishing Mfg 327300 Cement & Concrete Product Mfg Equipment Mfg 114210 Hunting & Trapping 311900 Other Food Mfg (including 327400 Lime & Gypsum Product Mfg Furniture and Related Product Support Activities for Agriculture coffee, tea, flavorings & 327900 Other Nonmetallic Mineral Manufacturing and Forestry seasonings) Product Mfg 337000 Furniture & Related Product 115110 Support Activities for Crop Beverage and Tobacco Product Primary Metal Manufacturing Manufacturing Production (including cotton Manufacturing 331110 Iron & Steel Mills & Ferroalloy Miscellaneous Manufacturing ginning, soil preparation, 312110 Soft Drink & Ice Mfg Mfg 339110 Medical Equipment & planting, & cultivating) 312120 Breweries 331200 Steel Product Mfg from Supplies Mfg 115210 Support Activities for Animal 312130 Wineries Purchased Steel 339900 Other Miscellaneous Mfg Production 312140 Distilleries 331310 Alumina & Aluminum Wholesale Trade 115310 Support Activities for 312200 Tobacco Manufacturing Production & Processing Merchant Wholesalers, Durable Forestry Textile Mills and Textile Product 331400 Nonferrous Metal (except Goods Mining Mills Aluminum) Production & 423100 Motor Vehicle, & Motor 211120 Crude Petroleum Extraction 313000 Textile Mills Processing Vehicle Parts & Supplies 211130 Natural Gas Extraction 314000 Textile Product Mills 331500 Foundries 423200 Furniture & Home Furnishings 212110 Coal Mining Apparel Manufacturing Fabricated Metal Product 423300 Lumber & Other Construction 212200 Metal Ore Mining 315100 Apparel Knitting Mills Manufacturing Materials 212310 Stone Mining & Quarrying 315210 Cut & Sew Apparel 332110 Forging & Stamping 423400 Professional & Commercial 212320 Sand, Gravel, Clay, & Contractors 332210 Cutlery & Handtool Mfg Equipment & Supplies Ceramic & Refractory 315220 Men’s & Boys’ Cut & Sew 332300 Architectural & Structural 423500 Metal & Mineral (except Minerals Mining, & Quarrying Apparel Mfg. Metals Mfg petroleum) 212390 Other Nonmetallic Mineral 315240 Women’s, Girls’ and Infants’ 332400 Boiler, Tank, & Shipping 423600 Household Appliances and Mining & Quarrying Cut & Sew Apparel Mfg. Container Mfg Electrical & Electronic Goods 213110 Support Activities for Mining 315280 Other Cut & Sew Apparel Mfg 332510 Hardware Mfg 423700 Hardware, Plumbing, & Utilities 315990 Apparel Accessories & Other 332610 Spring & Wire Product Mfg Heating Equipment & 221100 Electric Power Generation, Apparel Mfg 332700 Machine Shops; Turned Supplies Transmission & Distribution Leather and Allied Product Product; & Screw, Nut, & Bolt 423800 Machinery, Equipment, & 221210 Natural Gas Distribution Manufacturing Mfg Supplies 221300 Water, Sewage & Other 316110 Leather & Hide Tanning, & 332810 Coating, Engraving, Heat 423910 Sporting & Recreational Systems Finishing Treating, & Allied Activities Goods & Supplies 221500 Combination Gas & Electric 316210 Footwear Mfg (including 332900 Other Fabricated Metal 423920 Toy, & Hobby Goods, & Construction rubber & plastics) Product Mfg Supplies Construction of Buildings 316990 Other Leather & Allied Machinery Manufacturing 423930 Recyclable Materials 236110 Residential Building Product Mfg 333100 Agriculture, Construction, & 423940 Jewelry, Watch, Precious Construction Wood Product Manufacturing Mining Machinery Mfg Stone, & Precious Metals 236200 Nonresidential Building 321110 Sawmills & Wood 333200 Industrial Machinery Mfg 423990 Other Miscellaneous Durable Construction Preservation 333310 Commercial & Service Goods Heavy and Civil Engineering 321210 Veneer, Plywood, & Industry Machinery Mfg Merchant Wholesalers, Nondurable Construction Engineered Wood Product 333410 Ventilation, Heating, Goods 237100 Utility System Construction Mfg Air-Conditioning, & 424100 Paper & Paper Products 237210 Land Subdivision 321900 Other Wood Product Mfg Commercial Refrigeration 424210 Drugs & Druggists’ Sundries 237310 Highway, Street, & Bridge Paper Manufacturing Equipment Mfg 424300 Apparel, Piece Goods, & 322100 Pulp, Paper, & Paperboard 333510 Metalworking Machinery Mfg Notions 237990 Other Heavy & Civil Mills 333610 Engine, Turbine & Power 424400 Grocery & Related Products Engineering Construction 322200 Converted Paper Product Mfg Transmission Equipment Mfg 424500 Farm Product Raw Materials 333900 Other General Purpose 424600 Chemical & Allied Products Machinery Mfg -94- |
Forms 5500, 5500-SF, and 5500-EZ Codes for Principal Business Activity (continued) Code Code Code Code 424700 Petroleum & Petroleum 448140 Family Clothing Stores Support Activities for Transportation Securities, Commodity Contracts, Products 448150 Clothing Accessories Stores 488100 Support Activities for Air and Other Financial Investments and 424800 Beer, Wine, & Distilled 448190 Other Clothing Stores Transportation Related Activities Alcoholic Beverages 448210 Shoe Stores 488210 Support Activities for Rail 523110 Investment Banking & 424910 Farm Supplies 448310 Jewelry Stores Transportation Securities Dealing 424920 Book, Periodical, & 448320 Luggage & Leather Goods 488300 Support Activities for Water 523120 Securities Brokerage Newspapers Stores Transportation 523130 Commodity Contracts Dealing 424930 Flower, Nursery Stock, & Sporting Goods, Hobby, Book, and 488410 Motor Vehicle Towing 523140 Commodity Contracts Florists’ Supplies Music Stores 488490 Other Support Activities for Brokerage 424940 Tobacco & Tobacco Products 451110 Sporting Goods Stores Road Transportation 523210 Securities & Commodity 424950 Paint, Varnish, & Supplies 451120 Hobby, Toy, & Game Stores 488510 Freight Transportation Exchanges 424990 Other Miscellaneous 451130 Sewing, Needlework, & Piece Arrangement 523900 Other Financial Investment Nondurable Goods Goods Stores 488990 Other Support Activities for Activities (including portfolio Wholesale Electronic Markets and 451140 Musical Instrument & Transportation management & investment Agents and Brokers Supplies Stores Couriers and Messengers advice) 425110 Business to Business 451211 Book Stores 492110 Couriers Insurance Carriers and Related Electronic Markets 451212 News Dealers & Newsstands 492210 Local Messengers & Local Activities 425120 Wholesale Trade Agents & General Merchandise Stores Delivery 524130 Reinsurance Carriers Brokers 452200 Department Stores Warehousing and Storage 524140 Direct Life, Health, & Medical Retail Trade 452300 General Merchandise Stores, 493100 Warehousing & Storage Insurance Carriers Motor Vehicle and Parts Dealers incl. Warehouse Clubs & (except lessors of 524150 Direct Insurance (except Life, Supercenters miniwarehouses & self-storage Health & Medical) Carriers 441110 New Car Dealers units) 524210 Insurance Agencies & 441120 Used Car Dealers Miscellaneous Store Retailers Brokerages 441210 Recreational Vehicle Dealers 453110 Florists Information 524290 Other Insurance Related 441222 Boat Dealers 453210 Office Supplies & Stationery Publishing Industries (except Internet) Activities (including third- 441228 Motorcycle, ATV, and All Stores 511110 Newspaper Publishers party administration of Other Motor Vehicle Dealers 453220 Gift, Novelty, & Souvenir 511120 Periodical Publishers Insurance and pension funds) 441300 Automotive Parts, Stores 511130 Book Publishers Funds, Trusts, and Other Financial Accessories, & Tire Stores 453310 Used Merchandise Stores 511140 Directory & Mailing List Vehicles Furniture and Home Furnishings 453910 Pet & Pet Supplies Stores Publishers 525100 Insurance & Employee Stores 453920 Art Dealers 511190 Other Publishers Benefit Funds 442110 Furniture Stores 453930 Manufactured (Mobile) Home 511210 Software Publishers 525910 Open-End Investment Funds 442210 Floor Covering Stores Dealers Motion Picture and Sound Recording (Form 1120-RIC) 442291 Window Treatment Stores 453990 All Other Miscellaneous Store Industries 525920 Trusts, Estates, & Agency 442299 All Other Home Furnishings Retailers (including tobacco, 512100 Motion Picture & Video Accounts Stores candle, & trophy shops) Industries (except video rental) 525990 Other Financial Vehicles Electronics and Appliance Stores Nonstore Retailers 512200 Sound Recording Industries (including mortgage REITs & 443141 Household Appliance Stores 454110 Electronic Shopping & Broadcasting (except Internet) closed-end investment funds) 443142 Electronics Stores (including Mail-Order Houses 515100 Radio & Television “Offices of Bank Holding Companies” Audio, Video, Computer, and 454210 Vending Machine Operators Broadcasting and “Offices of Other Holding Companies” Camera Stores) 454310 Fuel Dealers (including Heating 515210 Cable & Other Subscription are located under Management Building Material and Garden Oil and Liquefied Petroleum) Programming of Companies (Holding Companies). Equipment and Supplies Dealers 454390 Other Direct Selling Telecommunications Real Estate and Rental and 444110 Home Centers Establishments (including 517000 Telecommunications Leasing 444120 Paint & Wallpaper Stores door-to-door retailing, frozen (including paging, cellular, Real Estate food plan providers, party satellite, cable & other program 531110 Lessors of Residential 444130 Hardware Stores plan merchandisers, & distribution, resellers, other Buildings & Dwellings 444190 Other Building Material coffee-break service providers) telecommunications, & (including equity REITs) Dealers Transportation and internet service providers) 531120 Lessors of Nonresidential 444200 Lawn & Garden Equipment & Warehousing Data Processing Services Buildings (except Supplies Stores Air, Rail, and Water Transportation 518210 Data Processing, Hosting, & Miniwarehouses) (including Food and Beverage Stores 481000 Air Transportation Related Services equity REITs) 445110 Supermarkets and Other 482110 Rail Transportation Other Information Services 531130 Lessors of Miniwarehouses & Grocery (except 483000 Water Transportation 519100 Other Information Services Self-Storage Units (including Convenience) Stores Truck Transportation (including news syndicates, equity REITs) 445120 Convenience Stores 484110 General Freight Trucking, libraries, internet publishing & 531190 Lessors of Other Real Estate 445210 Meat Markets Local broadcasting) Property (including equity 445220 Fish & Seafood Markets 484120 General Freight Trucking, Finance and Insurance REITs) 445230 Fruit & Vegetable Markets Long-distance Depository Credit Intermediation 531210 Offices of Real Estate Agents 445291 Baked Goods Stores 484200 Specialized Freight Trucking 522110 Commercial Banking & Brokers 445292 Confectionery & Nut Stores Transit and Ground Passenger 522120 Savings Institutions 531310 Real Estate Property 445299 All Other Specialty Food Transportation 522130 Credit Unions Managers Stores 485110 Urban Transit Systems 522190 Other Depository Credit 531320 Offices of Real Estate 445310 Beer, Wine, & Liquor Stores 485210 Interurban & Rural Bus Intermediation Appraisers Health and Personal Care Stores Transportation Nondepository Credit Intermediation 531390 Other Activities Related to 446110 Pharmacies & Drug Stores 485310 Taxi Service 522210 Credit Card Issuing Real Estate 446120 Cosmetics, Beauty Supplies, 485320 Limousine Service 522220 Sales Financing Rental and Leasing Services & Perfume Stores 485410 School & Employee Bus 522291 Consumer Lending 532100 Automotive Equipment Rental & 446130 Optical Goods Stores Transportation 522292 Real Estate Credit Leasing 446190 Other Health & Personal 485510 Charter Bus Industry (including mortgage bankers & 532210 Consumer Electronics & Care Stores 485990 Other Transit & Ground originators) Appliances Rental Gasoline Stations Passenger Transportation 522293 International Trade Financing 532281 Formal Wear & Costume Rental 447100 Gasoline Stations (including Pipeline Transportation 522294 Secondary Market Financing 532282 Video Tape & Disc Rental convenience stores with gas) 486000 Pipeline Transportation 522298 All Other Nondepository Clothing and Clothing Accessories Scenic & Sightseeing Transportation Credit Intermediation Stores 487000 Scenic & Sightseeing Activities Related to Credit 448110 Men’s Clothing Stores Transportation Intermediation 448120 Women’s Clothing Stores 522300 Activities Related to Credit 448130 Children’s & Infants’ Clothing Intermediation (including loan Stores brokers, check clearing, & money transmitting) -95- |
Forms 5500, 5500-SF, and 5500-EZ Codes for Principal Business Activity (continued) Code Code Code Code 532283 Home Health Equipment Administrative and Support and Medical and Diagnostic Laboratories Other Services Rental Waste Management and 621510 Medical & Diagnostic Repair and Maintenance 532284 Recreational Goods Rental Remediation Services Laboratories 811110 Automotive Mechanical, & 532289 All Other Consumer Goods Administration and Support Services Home Health Care Services Electrical Repair & Rental 561110 Office Administrative Services 621610 Home Health Care Services Maintenance 532310 General Rental Centers 561210 Facilities Support Services Other Ambulatory Health Care Services 811120 Automotive Body, Paint, 532400 Commercial & Industrial 561300 Employment Services 621900 Other Ambulatory Health Care Interior, & Glass Repair Machinery & Equipment 561410 Document Preparation Services Services (including ambulance 811190 Other Automotive Repair & Rental & Leasing 561420 Telephone Call Centers services & blood & organ banks) Maintenance (including oil Lessors of Nonfinancial Intangible 561430 Business Service Centers Hospitals change & lubrication shops & Assets (except copyrighted works) (including private mail centers 622000 Hospitals car washes) 533110 Lessors of Nonfinancial & copy shops) Nursing and Residential Care 811210 Electronic & Precision Intangible Assets (except 561440 Collection Agencies Facilities Equipment Repair & copyrighted works) 561450 Credit Bureaus 623000 Nursing & Residential Care Maintenance Professional, Scientific, and 561490 Other Business Support Facilities 811310 Commercial & Industrial Technical Services Services (including Social Assistance Machinery & Equipment Legal Services repossession services, court 624100 Individual & Family Services (except Automotive & 541110 Offices of Lawyers reporting, & stenotype 624200 Community Food & Housing, & Electronic) Repair & 541190 Other Legal Services services) Emergency & Other Relief Maintenance Accounting, Tax Preparation, 561500 Travel Arrangement & Services 811410 Home & Garden Equipment & Bookkeeping, and Payroll Services Reservation Services 624310 Vocational Rehabilitation Appliance Repair & 541211 Offices of Certified Public 561600 Investigation & Security Services Maintenance Accountants Services 624410 Child Day Care Services 811420 Reupholstery & Furniture 541213 Tax Preparation Services 561710 Exterminating & Pest Control Arts, Entertainment, and Repair 541214 Payroll Services Services Recreation 811430 Footwear & Leather Goods 541219 Other Accounting Services 561720 Janitorial Services Performing Arts, Spectator Sports, Repair Architectural, Engineering, and 561730 Landscaping Services and Related Industries 811490 Other Personal & Household Related Services 561740 Carpet & Upholstery Cleaning 711100 Performing Arts Companies Goods Repair & Maintenance 541310 Architectural Services Services 711210 Spectator Sports (including Personal and Laundry Services 541320 Landscape Architecture 561790 Other Services to Buildings & sports clubs & racetracks) 812111 Barber Shops Services Dwellings 711300 Promoters of Performing Arts, 812112 Beauty Salons 541330 Engineering Services 561900 Other Support Services Sports, & Similar Events 812113 Nail Salons 541340 Drafting Services (including packaging & 711410 Agents & Managers for 812190 Other Personal Care 541350 Building Inspection Services labeling services, & convention Artists, Athletes, Entertainers, & Services (including diet & 541360 Geophysical Surveying & & trade show organizers) Other Public Figures weight reducing centers) Mapping Services Waste Management and 711510 Independent Artists, Writers, & 812210 Funeral Homes & Funeral 541370 Surveying & Mapping (except Remediation Services Performers Services Geophysical) Services 562000 Waste Management and Museums, Historical Sites, and Similar 812220 Cemeteries & Crematories 541380 Testing Laboratories Remediation Services Institutions 812310 Coin-Operated Laundries & Specialized Design Services Educational Services 712100 Museums, Historical Sites, & Drycleaners 541400 Specialized Design Services 611000 Educational Services Similar Institutions 812320 Drycleaning & Laundry (including interior, industrial, (including schools, colleges, Amusements, Gambling, and Services (except graphic, & fashion design) & universities) Recreation Industries Coin-Operated) Computer Systems Design and Health Care and Social Assistance 713100 Amusement Parks & Arcades 812330 Linen & Uniform Supply Related Services Offices of Physicians and Dentists 713200 Gambling Industries 812910 Pet Care (except Veterinary) 541511 Custom Computer 621111 Offices of Physicians (except 713900 Other Amusement & Services Programming Services mental health specialists) Recreation Industries 812920 Photofinishing 541512 Computer Systems Design 621112 Offices of Physicians, Mental (including golf courses, skiing 812930 Parking Lots & Garages Services Health Specialists facilities, marinas, fitness 812990 All Other Personal Services 541513 Computer Facilities 621210 Offices of Dentists centers, & bowling centers) Religious, Grantmaking, Civic, Management Services Offices of Other Health Practitioners Accommodation and Food Services Professional, and Similar 541519 Other Computer Related 621310 Offices of Chiropractors Accommodation Organizations Services 621320 Offices of Optometrists 721110 Hotels (except Casino Hotels) & 813000 Religious, Grantmaking, Other Professional, Scientific, and 621330 Offices of Mental Health Motels Civic, Professional, & Similar Technical Services Practitioners (except 721120 Casino Hotels Organizations (including 541600 Management, Scientific, & Physicians) 721191 Bed & Breakfast Inns condominium and Technical Consulting Services 621340 Offices of Physical, 721199 All other Traveler homeowners associations) 541700 Scientific Research & Occupational & Speech Accommodation 813930 Labor Unions and Similar Development Services Therapists, & Audiologists 721210 RV (Recreational Vehicle) Labor Organizations 541800 Advertising & Related 621391 Offices of Podiatrists Parks & Recreational Camps 921000 Governmental Instrumentality Services 621399 Offices of all Other 721310 Rooming and Boarding Houses, or Agency 541910 Marketing Research & Public Miscellaneous Health Dormitories, and Workers’ Opinion Polling Practitioners Camps 541920 Photographic Services Outpatient Care Centers Food Services and Drinking Places 541930 Translation & Interpretation 621410 Family Planning Centers 722300 Special Food Services Services 621420 Outpatient Mental Health & (including food service 541940 Veterinary Services Substance Abuse Centers contractors & caterers) 541990 All Other Professional, 621491 HMO Medical Centers 722410 Drinking Places (Alcoholic Scientific, & Technical 621492 Kidney Dialysis Centers Beverages) Services 621493 Freestanding Ambulatory 722511 Full-Service Restaurants Management of Companies Surgical & Emergency Centers 722513 Limited-Service Restaurants (Holding Companies) 621498 All Other Outpatient Care 722514 Cafeterias and Buffets Beverage Bars 551111 Offices of Bank Holding Centers 722515 Snack and Non-alcoholic Companies Beverage Bars 551112 Offices of Other Holding Companies -96- |
ERISA COMPLIANCE QUICK CHECKLIST Compliance with the Employee Retirement Income Security Act (ERISA) begins with knowing the rules. Plan administrators and other plan officials can use this checklist as a quick diagnostic tool for assessing a plan’s compliance with certain important ERISA rules; it is not a complete description of all ERISA’s rules and it is not a substitute for a comprehensive compliance review. Use of this checklist is voluntary, and it is not to be filed with your Form 5500. If you answer “No” to any of the questions below, you should review your plan’s operations because you may not be in full compliance with ERISA’s requirements. 1. Have you provided plan participants with a summary plan description, summaries of any material modifications of the plan, and annual summary financial reports or annual pension funding reports? 2. Do you maintain copies of plan documents at the principal office of the plan administrator for examination by participants and beneficiaries? 3. Do you respond to written participant inquires for copies of plan documents and information within 30 days? 4. Does your plan include written procedures for making benefit claims and appealing denied claims, and are you complying with those procedures? 5. Is your plan covered by fidelity bonds protecting the plan against losses due to fraud or dishonesty by persons who handle plan funds or other property? 6. Are the plan’s investments diversified so as to minimize the risk of large losses? 7. If the plan permits participants to select the investments in their plan accounts, has the plan provided them with enough information to make informed decisions? 8. Has a plan official determined that the investments are prudent and solely in the interest of the plan’s participants and beneficiaries, and evaluated the risks associated with plan investments before making the investments? 9. Did the employer or other plan sponsor send participant contributions to the plan on a timely basis? 10. Did the plan pay participant benefits on time and in the correct amounts? 11. Did the plan give participants and beneficiaries 30 days advance notice before imposing a “blackout period” of at least three consecutive business days during which participants or beneficiaries of a 401(k) or other individual account pension plan were unable to change their plan investments, obtain loans from the plan, or obtain distributions from the plan? If you answer “Yes” to any of the questions below, you should review your plan’s operations because you may not be in full compliance with ERISA’s requirements. 1. Has the plan engaged in any financial transactions with persons related to the plan or any plan official? (For example, has the plan made a loan to or participated in an investment with the employer?) 2. Has a plan official used the assets of the plan for his/her own interest? 3. Have plan assets been used to pay expenses that were not authorized in the plan document, were not necessary for the proper administration of the plan, or were more than reasonable in amount? If you need help answering these questions or want additional guidance about ERISA requirements, a plan official should contact the U.S. Department of Labor Employee Benefits Security Administration office in your region or consult with the plan’s legal counsel or professional employee benefit advisor. -97- |
Pension Benefit Plan - Who Index H Must File ................................... 3 How to get assistance ................... 3 Pension Benefit Plan Filing I Requirements ........................... 9 80-120 Participant Rule ………. ...... 8 Information Concerning Insurance Pension Schedule………….…… .. 8 103-12 Investment Entity Contract Coverage, Fees, and Plan Administrator ...................... 19 (103-12 IE) ............................... 12 Commissions ........................... 24 Plan Sponsor .............................. 18 Instructions to Form 5500 … ....... 16 Pooled Separate Account (PSA) 11 Instructions for Schedule A: Provision of Information .............. 26 A Who Must File .......................... 24 About the Form 5500 .................... 1 Instructions for Schedule C: Q Additional Employer Information Who Must File .......................... 27 Quick Reference Chart of Form for Multiemployer Defined Instructions for Schedule D: 5500, Schedules, and Benefit Pension Plans .......... 74 Who Must File .......................... 32 Attachments…..………………14 Additional Information for Instructions for Schedule DCG: Single-Employer and Who Must File .......................... 34 Multiemployer Defined Instructions for Schedule G: R Benefit Pension Plans ......... 76 Who Must File .......................... 41 Reportable Transaction .............. 52 Amended Return/Report ............... 6 Instructions for Schedule H: Amendments .............................. 74 Who Must File .......................... 43 Instructions for Schedule I: S C Who Must File .......................... 55 Schedule of Reportable Change in Plan Year ..................... 7 Instructions for Schedule MB: Transactions ....................... 52 Changes to Note ........................... 1 Statement by Enrolled Service Provider Information ...... 27 Combination Unfunded/Insured Actuary ................................. 63 Service Providers Who Fail or Welfare Plan .............................. 4 Who Must File .......................... 63 Refuse To Provide Common/Collective Trust ............ 11 Instructions for Schedule MEP: Information .......................... 30 Who Must File .......................... 71 Short Plan Year Rule ................... 8 Instructions for Schedule R: Signature and Date ...................... 7 D Who Must File .......................... 73 Small Plan Financial Delinquent Filer Voluntary Instructions for Schedule SB: Information .......................... 55 Compliance (DFVC) Program ...... 5 Statement by Enrolled Special rule for certain Defined Contribution Group Actuary ................................. 80 participant-directed Reporting Arrangements (DCGs or Who Must File .......................... 79 transactions ......................... 52 DCG Report Arrangements ......... 12 Investment and Annuity Statement by Enrolled Direct Filing Entity (DFE) – Who Contract Information ................ 25 Actuary ................................ 63 Must File .................................... 4 Direct Filing Entity (DFE) – Filing T Requirements .......................... 11 L Distributions ................................ 73 Leases in Default or Classified Telephone Assistance .................. 5 As Uncollectible ……………… . 41 Termination Information on Limited Pension Plan Reporting .. 10 Accountants and Enrolled E List of Plan Characteristic Codes 22 Actuaries ............................. 31 EFAST2 Processing System ......... 1 Loans or Fixed Income Electronic Filing Requirement ....... 5 Obligations in Default or U ESOP Information ....................... 74 Classified As Uncollectible....... 41 Unfunded Welfare Benefit Plan .... 4 Extension of Time to File............... 5 M W F M-1 Compliance Information ....... 21 Welfare Benefit Contract Final Return/Report: Master Trust Investment Information .......................... 26 Mergers/Consolidations ............. 7 Account (MTIA) ........................ 11 Welfare Benefit Plan – Who Pension and Welfare Plans Must File ................................ 4 Terminated Without Welfare Benefit Plan Filing Distributing All Assets ............ 7 N Requirements ..................... 10 Welfare Plans Still Liable to Pay Nonexempt Transactions ............ 38 What To File ................................. 8 Benefits .................................. 7 Notice to Terminated Accountant When To File: Form 5500 Schedules ................... 8 or Enrolled Actuary .................. 31 DFEs other than GIAs ........... 5 Fully Insured Welfare Benefit Extensions ............................ 5 Plan ........................................... 4 O Plans and GIAs ..................... 5 Funding Information .................... 73 On-Line Assistance……………….3 Short Years ........................... 5 Who Must File .............................. 3 G P General Schedules ....................... 9 Party-In-Interest ......................... 59 Group Insurance Arrangement Penalties: (GIA) ........................................ 13 Administrative ........................... 8 Other ......................................... 8 -98- |