Department of the Treasury Department of Labor Pension Benefit Guaranty Corporation Internal Revenue Service Employee Benefits Security Administration 22 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 2022 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/ebsa/actuarialsearch.html for 2008 and short plan requirements for the IRS and DOL. year 2009 actuarial information filed under the previous paper- Defined contribution and defined benefit pension plans may based system. have to file additional information with the IRS including Form Changes to Note 5330, Return of Excise Taxes Related to Employee Benefit Plans, Form 5310-A, Notice of Plan Merger or Consolidation, Multiple-Employer Plans. Spinoff, or Transfer of Plan Assets or Liabilities; Notice of • New plan characteristics codes have been added for Form Qualified Separate Lines of Business, and Form 8955-SSA, 5500, Part II, line 8a, to identify different types of multiple- Annual Registration Statement Identifying Separated employer defined contribution plans filing the Form 5500 Participants with Deferred Vested Benefits. See www.irs.gov (pooled employer plans, association retirement plans, PEO for more information. multiple-employer plans, and other multiple-employer Plans covered by the PBGC have special additional plans). requirements, including premiums and reporting certain • Technical and conforming changes have been made to the transactions directly with that agency. See PBGC’s website instructions for multiple-employer plan reporting (e.g., (www.pbgc.gov/practitioners/) for information on premium revising the instructions on identifying the “plan sponsor” payments and reporting and disclosure. and “plan administrator”). Each Form 5500 must accurately reflect the characteristics Administrative Penalties. The instructions have been and operations that applied during the reporting year of the updated to reflect an increase in the maximum civil penalty plan or arrangement. The requirements for completing the amount assessable under Employee Retirement Income Form 5500 will vary according to the type of plan or Security Act section 502(c)(2), as required by the Federal Civil arrangement. The section What To File summarizes what Penalties Inflation Adjustment Act Improvements Act of 2015. information must be reported for different types of plans and Schedule MB. The instructions for line 3 have been revised to arrangements. The Quick Reference Chart of Form 5500, require an attachment that breaks down total withdrawal Schedules and Attachments, gives a brief guide to the annual liability payments made to the plan by date, specifying periodic return/report requirements of the 2022 Form 5500. See also withdrawal liability amounts and lump sum withdrawal liability the “Troubleshooters Guide to Filing the ERISA Annual amounts. Line 4f and its instructions have been clarified. Line Reports” available on www.dol.gov/ebsa, which is intended to 6e and its instructions have been revised to reflect the |
movement of the salary scale item to line 6e from line 6f. Line Part II (Form 5500) – Basic Plan Information ............... 16 6f and its instructions have been revised to require the M-1 Compliance Information ........................................ 19 reporting of the interest rate used to determine the present Schedule A – Insurance Information ............................ 22 value of vested benefits for withdrawal liability determinations. Schedule C – Service Provider Information ................. 25 Line 6i and its instructions were moved from line 6e and Schedule D – DFE/Participating Plan Information ....... 30 revised to better understand how expense loads are Schedule G – Financial Transaction Schedules .......... 32 determined. The instructions for line 8b(1) have been revised Schedule H – Financial Information ............................. 34 to increase the projection period in the attachment to 50 years, Schedule I – Financial Information – Small Plan.......... 44 for plans with 1,000 or more participants. In addition, benefits Schedule MB – Multiemployer Defined Benefit Plan and projections are broken down between active participants, Certain Money Purchase Plan Actuarial terminated vested participants and participants in pay-status. Information ............................................................... 52 The instructions for line 8b(2) have been revised to require Schedule R – Retirement Plan Information .................. 60 plans to report average accrued monthly benefits as of the Schedule SB – Single-Employer Defined Benefit Plan valuation date and removed the requirement to provide cash Actuarial Information ................................................ 65 balance account information. Line 8b(3) and its instructions Paperwork Reduction Act Notice ................................ 79 have been added to require plans with 1,000 or more Codes for Principal Business Activity ......................... 80 participants as of the beginning of the plan year to attach a 10- ERISA Compliance Quick Checklist ............................ 83 year projection of employer contributions and withdrawal Index ............................................................................... 84 liability payments. The attachments for lines 3 and 8b may be provided in a spreadsheet file (CSV format). Schedule R. Part V, Line 13 has been revised to require plans How To Get Assistance to report identifying information about any participating If you need help completing this form or have related employer who either contributed more than five percent of the questions, call the EFAST2 Help Desk at 1-866-GO-EFAST plan’s total contributions or was one of the top-ten highest contributors. (1-866-463-3278) (toll-free) or access the EFAST2 or IRS websites. The EFAST2 Help Desk is available Monday through Schedule SB. Part VI, Line 26 has been revised and now Friday from 8:00 am to 8:00 pm, Eastern Time. consists of line 26a and a new line 26b. Line 26a is the same as line 26 from the prior year. Line 26b requires an attachment You can access the EFAST2 website 24 hours a day, 7 of a projection of expected benefit payments. The attachments days a week at www.efast.dol.gov to: for line 26 may be provided in a spreadsheet file (CSV format). • File the Form 5500-SF or 5500, and any needed schedules Part IX, line 41 and its instructions, have been replaced to or attachments. require filers to indicate the first plan year that the extended • Check on the status of a filing you submitted. amortization rule was applied under American Rescue Plan Act • View filings posted by EFAST2. of 2021. • Register for electronic credentials to sign or submit filings. Table of Contents Page • View forms and related instructions. Section 1: Who Must File ............................................... 2 • Get information regarding EFAST2, including approved Pension Benefit Plan ..................................................... 2 software vendors. Welfare Benefit Plan ..................................................... 3 • See answers to frequently asked questions about the Form Direct Filing Entity (DFE) ............................................... 4 5500-SF, the Form 5500 and its schedules, and EFAST2. Section 2: When To File.................................................. 4 • Access the main EBSA and DOL websites for news, Extension of Time To File ............................................. 4 regulations, and publications. Section 3: Electronic Filing Requirement ..................... 5 You can access the IRS website 24 hours a day, 7 days a Amended Return/Report................................................ 6 week at www.irs.gov to: Final Return/Report ....................................................... 6 • View forms, instructions, and publications. Signature and Date ....................................................... 6 • See answers to frequently asked tax questions. Change in Plan Year ..................................................... 7 Penalties........................................................................ 7 • Search publications online by topic or keyword. Administrative Penalties .............................................. 7 • Send comments or request help by e-mail. Other Penalties ............................................................ 7 • Sign up to receive local and national tax news by e-mail. Section 4: What To File .................................................. 7 You can order other IRS forms and publications at Form 5500 Schedules ................................................... 8 http://www.irs.gov/orderforms. You can order EBSA Pension Schedules ................................................... 8 publications by calling 1-866-444-EBSA (3272). General Schedules .................................................... 8 Pension Benefit Plan Filing Requirements .................... 8 Limited Pension Plan Reporting ................................. 9 Section 1: Who Must File Welfare Benefit Plan Filing Requirements ..................... 9 Direct Filing Entity (DFE) Filing Requirements ............ 10 A return/report must be filed every year for every pension Master Trust Investment Account (MTIA) ................ 10 benefit plan, welfare benefit plan, and for every entity that files Common/Collective Trust (CCT) and Pooled as a DFE as specified below (pursuant to Code section 6058 Separate Account (PSA) .......................................... 11 and ERISA sections 104 and 4065). 103-12 Investment Entity (103-12 IE) ...................... 11 If you are a small plan (generally under 100 participants at Group Insurance Arrangement (GIA)....................... 11 the beginning of the plan year), you may be eligible to file the Quick Reference Chart of Form 5500, Schedules, and Form 5500-SF instead of the Form 5500. For more information, Attachments ............................................................. 12 see the instructions to the Form 5500-SF. Section 5: Line-by-Line Instructions for the 2022 Form 5500 and Schedules ........................................ 14 Pension Benefit Plan Part I (Form 5500) – Annual Return/Report Identification All pension benefit plans covered by ERISA must file an annual Information ............................................................... 14 return/report except as provided in this section. The return/ -2- General Instructions to Form 5500 |
report must be filed whether or not the plan is “tax-qualified,” 9. An individual retirement account or annuity not benefits no longer accrue, contributions were not made this considered a pension plan under 29 CFR 2510.3-2(d). plan year, or contributions are no longer made. Pension benefit 10. A governmental plan. plans required to file include both defined benefit plans and 11. A “one-participant plan,” as defined below. However, defined contribution plans. certain one-participant plans are required to file the Form The following are among the pension benefit plans for 5500-EZ, Annual Return of A One-Participant which a return/report must be filed. (Owners/Partners and Their Spouses) Retirement Plan or A 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 10 returns custodial accounts established under Code section 403(b)(7) of any type with the IRS during the calendar year, including for regulated investment company stock. For more information information returns (for example, Forms W-2 and Forms 1099), regarding filing requirements for 403(b) plans subject to Title I income tax returns, employment tax returns, and excise tax of ERISA, see Field Assistance Bulletins 2009-02 and 2010- returns. For more information on filing Form 5500-EZ, see the 01. Instructions for Form 5500-EZ, or go to www.irs.gov. For this 3. Individual retirement accounts (IRAs) established by an purpose, a “one-participant plan” is: employer under Code section 408(c). a. a pension benefit plan that covers only an individual or 4. Church pension plans electing coverage under Code an individual and his or her spouse who wholly own a trade or section 410(d). business, whether incorporated or unincorporated; or 5. Pension benefit plans that cover residents of Puerto b. a pension benefit plan for a partnership that covers only Rico, the U.S. Virgin Islands, Guam, Wake Island, or American the partners or the partners and the partners’ spouses (treating Samoa. This includes a plan that elects to have the provisions 2% shareholder of an S corporation, as defined in IRC of section 1022(i)(2) of ERISA apply. 6. Plans that satisfy the Actual Deferral Percentage §1372(b), as a partner). requirements of Code section 401(k)(3)(A)(ii) by adopting the See the instructions to the Form 5500-EZ for eligibility ‘‘SIMPLE’’ provisions of section 401(k)(11). conditions and filing requirements. For more information, go to See What To File for more information about what must be www.irs.gov/ep. completed for pension plans. Welfare Benefit Plan Do Not File a Form 5500 for a Pension Benefit All welfare benefit plans covered by ERISA are required to file Plan That Is Any of the Following: a Form 5500 except as provided in this section. Welfare benefit 1. An unfunded excess benefit plan. See ERISA section plans provide benefits such as medical, dental, life insurance, 4(b)(5). apprenticeship and training, scholarship funds, severance pay, 2. An annuity or custodial account arrangement under Code disability, etc. See What To File for more information. sections 403(b)(1) or (7) not established or maintained by an Reminder: The administrator of an employee welfare benefit employer as described in DOL Regulation 29 CFR 2510.3-2(f). plan that provides benefits wholly or partially through a 3. A Savings Incentive Match Plan for Employees of Small Multiple-Employer Welfare Arrangement (MEWA) as defined in Employers (SIMPLE) that involves SIMPLE IRAs under Code ERISA section 3(40) must file a Form 5500, unless otherwise section 408(p). exempt. Plans required to file a Form M-1, Report for Multiple- 4. A simplified employee pension (SEP) or a salary Employer Welfare Arrangements (MEWAs) and Certain reduction SEP described in Code section 408(k) that conforms Entities Claiming Exception (ECEs), are not eligible for the to the alternative method of compliance in 29 CFR 2520.104- filing exemption in 29 CFR 2520.104-20 described below. 48 or 2520.104-49. A SEP is a pension plan that meets certain Such plans are required to file the Form 5500 regardless of the minimum qualifications regarding eligibility and employer plan size or type of funding. contributions. Do Not File a Form 5500 for a Welfare Benefit 5. A church pension benefit plan not electing coverage under Code section 410(d). Plan That Is Any of the Following: 6. A pension plan that is maintained outside the United 1. A welfare benefit plan that covered fewer than 100 States primarily for the benefit of persons substantially all of participants as of the beginning of the plan year and is whom are nonresident aliens. However, certain foreign plans unfunded, fully insured, or a combination of insured and are required to file the Form 5500-EZ on paper with the IRS or unfunded, and which is not subject to the Form M-1 electronically with EFAST2. A foreign plan must file the Form requirements under § 2520.101-2, as specified in 29 CFR 5500-EZ electronically with EFAST2 instead of filing a paper 2520.104-20. Form 5500-EZ with the IRS, if the filer is required to file at least Note. To determine whether the plan covers fewer than 100 10 returns of any type with the IRS during the calendar year, participants for purposes of these filing exemptions for insured including information returns (for example, Forms W-2 and and unfunded welfare plans, see instructions for lines 5 and 6 Forms 1099), income tax returns, employment tax returns, and on counting participants in a welfare plan. See also 29 CFR excise tax returns. For more information on filing Form 5500- 2510.3-3(d). EZ, see the Instructions for Form 5500-EZ, or go to a. An unfunded welfare benefit plan has its benefits paid as www.irs.gov. needed directly from the general assets of the employer or 7. An unfunded pension plan for a select group of employee organization that sponsors the plan. management or highly compensated employees that meets the Note. Plans that are NOT unfunded include those plans that requirements of 29 CFR 2520.104-23, including timely filing of received employee (or former employee) contributions during a registration statement with the DOL. the plan year and/or used a trust or separately maintained fund 8. An unfunded dues financed pension benefit plan that (including a Code section 501(c)(9) trust) to hold plan assets or meets the alternative method of compliance provided by 29 act as a conduit for the transfer of plan assets during the year. CFR 2520.104-27. A welfare benefit plan with employee contributions that is associated with a cafeteria plan under Code section 125 may General Instructions to Form 5500 --3 |
be treated for annual reporting purposes as an unfunded Note. Special requirements also apply to Schedules D and H welfare plan if it meets the requirements of DOL Technical attached to the Form 5500 filed by plans participating in Release 92-01, 57 Fed. Reg. 23272 (June 2, 1992) and 58 MTIAs, CCTs, PSAs, and 103-12 IEs. See these schedules Fed. Reg. 45359 (Aug. 27, 1993). The mere receipt of COBRA and their instructions. contributions or other after-tax participant contributions (e.g., retiree contributions) by a cafeteria plan would not by itself affect the availability of the relief provided for cafeteria plans Section 2: When To File that otherwise meet the requirements of DOL Technical Release 92-01. See 61 Fed. Reg. 41220, 41222-23 (Aug. 7, Plans and GIAs. File 2022 returns/reports for plan and GIA 1996). years that began in 2022. All required forms, schedules, b. A fully insured welfare benefit plan has its benefits statements, and attachments must be filed by the last day of provided exclusively through insurance contracts or policies, the 7th calendar month after the end of the plan or GIA year the premiums of which must be paid directly to the insurance (not to exceed 12 months in length) that began in 2022. If the carrier by the employer or employee organization from its plan or GIA year differs from the 2022 calendar year, fill in the general assets or partly from its general assets and partly from fiscal year beginning and ending dates in the space provided. contributions by its employees or members (which the DFEs other than GIAs. File 2022 returns/reports no later than employer or employee organization forwards within three (3) 9½ months after the end of the DFE year that ended in 2022. A months of receipt). The insurance contracts or policies Form 5500 filed for a DFE must report information for the DFE discussed above must be issued by an insurance company or year (not to exceed 12 months in length). If the DFE year similar organization (such as Blue Cross, Blue Shield or a differs from the 2022 calendar year, fill in the fiscal year health maintenance organization) that is qualified to do beginning and ending dates in the space provided. business in any state. Short Years. For a plan year of less than 12 months (short c. A combination unfunded/insured welfare benefit plan has plan year), file the form and applicable schedules by the last its benefits provided partially as an unfunded plan and partially day of the 7th calendar month after the short plan year ends or as a fully insured plan. An example of such a plan is a welfare by the extended due date, if filing under an authorized benefit plan that provides medical benefits as in aabove and extension of time. Fill in the short plan year beginning and life insurance benefits as in babove. See 29 CFR 2520.104- ending dates in the space provided and check the appropriate 20. box in Part I, line B, of the Form 5500. For purposes of this 2. A welfare benefit plan maintained outside the United return/report, the short plan year ends on the date of the States primarily for persons substantially all of whom are change in accounting period or upon the complete distribution nonresident aliens. of assets of the plan. Also see the instructions for Final Return/ 3. A governmental plan. Report to determine if “the final return/report” box in line B 4. An unfunded or insured welfare benefit plan maintained should be checked. for a select group of management or highly compensated employees, which meets the requirements of 29 CFR Notes. (1)If the filing due date falls on a Saturday, Sunday, or Federal holiday, the return/report may be filed on the next day 2520.104-24. that is not a Saturday, Sunday, or Federal holiday. 5. An employee benefit plan maintained only to comply with (2) If the 2023 Form 5500 is not available before the plan or DFE filing is workers’ compensation, unemployment compensation, or due, use the 2022 Form 5500 and enter the 2023 fiscal year disability insurance laws. beginning and ending dates on the line provided at the top of 6. A welfare benefit plan that participates in a group the form. insurance arrangement that files a Form 5500 on behalf of the welfare benefit plan as specified in 29 CFR 2520.103-2. See Extension of Time To File Using Form 5558 29 CFR 2520.104-43. A plan or GIA may obtain a one-time extension of time to file a 7. An apprenticeship or training plan meeting all of the Form 5500 Annual Return/Report (up to 2½ months) by filing conditions specified in 29 CFR 2520.104-22. IRS Form 5558, Application for Extension of Time To File 8. An unfunded dues financed welfare benefit plan Certain Employee Plan Returns, on or before the normal due exempted by 29 CFR 2520.104-26. date (not including any extensions) of the return/report. You 9. A church plan under ERISA section 3(33). MUST file Form 5558 with the IRS. Approved copies of the 10. A welfare benefit plan maintained solely for (1) an Form 5558 will not be returned to the filer. A copy of the individual or an individual and his or her spouse, who wholly completed extension request must, however, be retained withe own a trade or business, whether incorporated or the filer’s records. unincorporated, or (2) partners or the partners and the partners’ spouses in a partnership. See 29 CFR 2510.3-3(b). File Form 5558 with the Department of the Treasury, Internal Revenue Service Center, Ogden, UT 84201-0045. Direct Filing Entity (DFE) Using Extension of Time To File Federal Income Tax Some plans participate in certain trusts, accounts, and other Return investment arrangements that file the Form 5500 Annual Return/Report as a DFE in accordance with the Direct Filing An automatic extension of time to file the Form 5500 Annual Entity (DFE) Filing Requirements. A Form 5500 must be filed Return/Report until the due date of the federal income tax for a master trust investment account (MTIA). A Form 5500 is return of the employer will be granted if all of the following not required but may be filed for a common/collective trust conditions are met: (1) the plan year and the employer’s tax (CCT), pooled separate account (PSA), 103-12 investment year are the same; (2) the employer has been granted an entity (103-12 IE), or group insurance arrangement (GIA). extension of time to file its federal income tax return to a date Plans that participate in CCTs, PSAs, 103-12 IEs, or GIAs that later than the normal due date for filing the Form 5500; and (3) file as DFEs, however, generally are eligible for certain annual a copy of the application for extension of time to file the federal reporting relief. For reporting purposes, a CCT, PSA, income tax return is maintained with the filer’s records. An 103-12 IE, or GIA is not considered a DFE unless a Form 5500 extension granted by using this automatic extension procedure and all required attachments are filed for it in accordance with CANNOT be extended further by filing a Form 5558, nor can it the Direct Filing Entity (DFE) Filing Requirements. be extended beyond a total of 9½ months beyond the close of the plan year. -4- General Instructions to Form 5500 |
Note. A tax-exempt organization is not required to file a pursuant to ERISA sections 104 and 106. Even though the federal income tax return. However, if the organization uses a Form 5500 must be filed electronically, the administrator must Form 8868 to request an extension for its Form 990 series keep a copy of the Form 5500, including schedules and return, the filer is automatically granted an extension of time to attachments, with all required signatures on file as part of the file the Form 5500 until the extended due date of filing Form plan’s records and must make a paper copy available upon 990 series if all conditions listed above are met. An extension request to participants, beneficiaries, and the DOL as required granted by using this automatic extension procedure cannot be by section 104 of ERISA and 29 CFR 2520.103-1. Filers may extended beyond a total of 9½ months beyond the close of the use electronic media for record maintenance and retention, so plan year. long as they meet the applicable requirements. (See 29 CFR Note. An extension of time to file the Form 5500 does not 2520.107-1). operate as an extension of time to file a Form 5500 filed for a Note. Effective for plan years beginning after 2019, a one- DFE (other than a GIA), to file PBGC premiums or annual participant plan or a foreign plan can file Form 5500-EZ financial and actuarial reports (if required by section 4010 of electronically using the EFAST2 filing system. Information filed ERISA) or to file the Form 8955-SSA (Annual Registration on Form 5500-EZ using EFAST2 is required to be made Statement Identifying Separated Participants with Deferred available to the public. However, information filed with EFAST2 Vested Benefits) (required to be filed with the IRS under Code using Form 5500-EZ will not be published on the internet. section 6057(a)). Generally, questions on the Form 5500 relate to the plan Other Extensions of Time year entered at the top of the first page of the form. Therefore, answer all questions on the 2022 Form 5500 with respect to The IRS, DOL, and PBGC may announce special extensions the 2022 plan year unless otherwise explicitly stated in the of time under certain circumstances, such as extensions for instructions or on the form itself. Presidentially-declared disasters or for service in, or in support of, the Armed Forces of the United States in a combat zone. Your entries must be in the proper format in order for the See www.irs.gov, www.efast.dol.gov, and EFAST2 system to process your filing. For example, if a www.pbgc.gov/practitioners for announcements regarding such question requires you to enter a dollar amount, you cannot special extensions. If you are relying on one of these enter a word. Your software will not let you submit your return/ announced special extensions, check the appropriate box on report unless all entries are in the proper format. To reduce the Form 5500, Part I, line D, and enter a description of the possibility of correspondence and penalties: announced authority for the extension. • Complete all lines on the Form 5500 unless otherwise Delinquent Filer Voluntary Compliance (DFVC) specified. Also complete and electronically attach, as required, applicable schedules and attachments. Program • Do not enter “N/A” or “Not Applicable” on the Form 5500 The DFVC Program facilitates voluntary compliance by plan unless specifically permitted. “Yes” or “No” questions on the administrators who are delinquent in filing annual reports under forms and schedules cannot be left blank, unless specifically Title I of ERISA by permitting administrators to pay reduced permitted. Answer either “Yes” or “No,” but not both. civil penalties for voluntarily complying with their DOL annual reporting obligations. If the Form 5500 is being filed under the All schedules and attachments to the Form 5500 must be DFVC Program, check the appropriate box in Form 5500, Part properly identified, and must include the name of the plan or I, line D, to indicate that the Form 5500 is being filed under the DFE, EIN, and plan number (PN) as found on the Form 5500, DFVC Program. See www.efast.dol.gov for additional lines, 1a, 2b, and 1b, respectively. At the top of each information. attachment, indicate the schedule and line, if any (e.g., Schedule H, line 4i) to which the attachment relates. Plan administrators are reminded that they can use the online calculator available at Check your return/report for errors before signing or www.dol.gov/ebsa/calculator/dfvcpmain.html to compute the submitting it to EFAST2. Your filing software or, if you are penalties due under the program. Payments under the DFVC using it, the EFAST2 web-based filing system will allow you to Program also may be submitted electronically. For information check your return/report for errors. If, after reasonable attempts on how to pay DFVC Program payments online, go to to correct your filing to eliminate any identified problem or www.dol.gov/ebsa. problems, you are unable to address them, or you believe that you are receiving the message in error, call the EFAST2 Help Filers who wish to participate in the DFVC Program for Desk at 1-866-GO-EFAST (1-866-463-3278) or contact the plan years prior to 2020 must use the 2022 version of service provider you used to help prepare and file your annual Form 5500 or, if applicable, Form 5500-SF. Use the Form 5500 return/report. Version Selection Tool available at www.efast.dol.gov for further information. Once you complete the return/report and finish the electronic signature process, you can electronically submit it to EFAST2. When you electronically submit your return/report, EFAST2 is designed to immediately notify you if your Section 3: Electronic Filing Requirement submission was received and whether the return/report is Under the computerized ERISA Filing Acceptance System ready to be processed by EFAST2. If EFAST2 does not notify (EFAST2), you must file your 2022 Form 5500 Annual Return/ you that your submission was successfully received and is Report electronically. You may file online using EFAST2’s web- ready to be processed, you will need to take steps to correct based filing system or you may file through an EFAST2- the problem or you may be deemed a non-filer subject to approved vendor. Detailed information on electronic filing is penalties from DOL, IRS, and/or PBGC. available at www.efast.dol.gov. For telephone assistance, call Once EFAST2 receives your return/report, the EFAST2 the EFAST2 Help Desk at 1-866-GO-EFAST (1-866-463- system should be able to provide a filing status within 20 3278). The EFAST2 Help Desk is available Monday through minutes. The person submitting the filing should check back Friday from 8:00 am to 8:00 pm, Eastern Time. into the EFAST2 system to determine the filing status of your Annual returns/reports filed under Title I of ERISA must return/report. The filing status message will include a list of any be made available by plan administrators to plan filing errors or warnings that EFAST2 may have identified in participants and beneficiaries and by the DOL to the public your filing. If EFAST2 did not identify any filing errors or General Instructions to Form 5500 --5 |
warnings, EFAST2 will show the filing status of your return/ under a welfare benefit plan have been satisfied, check the report as “Filing Received.” Persons other than the submitter final return/report box in Part I, line B at the top of the Form can check whether the filing was received by the system by 5500. Do not mark the final return/report box if you are calling the EFAST2 Help Desk at 1-866-GO-EFAST (1-866- reporting participants and/or assets at the end of the plan year. 463-3278) and using the automated telephone system. If a trustee is appointed for a terminated defined benefit plan To reduce the possibility of correspondence and penalties pursuant to ERISA section 4042, the last plan year for which a from the DOL, IRS, and/or PBGC, you should do the following: return/report must be filed is the year in which the trustee is (1) Before submitting your return/report to EFAST2, check it for appointed. If you are in this situation you may contact errors, and (2) after you have submitted it to EFAST2, verify PBGCTrusteedPlan@dol.gov for further information. that you have received a filing status of “Filing Received” and Examples: attempt to correct and resolve any errors or warnings listed in the status report. Mergers/Consolidations Note. Even after being received by the EFAST2 system, your A final return/report should be filed for the plan year (12 return/report filing may be subject to further detailed review by months or less) that ends when all plan assets were legally DOL, IRS, and/or PBGC, and your filing may be deemed transferred to the control of another plan. deficient based upon this further review. See Penalties on Pension and Welfare Plans That Terminated Without Page 7. Distributing All Assets Do not enter social security numbers in response to If the plan was terminated, but all plan assets were not questions asking for an employer identification number distributed, a return/report must be filed for each year the plan (EIN). Because of privacy concerns, the inclusion of a social has assets. The return/report must be filed by the plan security number or any portion thereof on the Form 5500 or on administrator, if designated, or by the person or persons who a schedule or attachment that is open to public inspection may actually control the plan’s assets/property. result in the rejection of the filing. If you discover a filing disclosed on the EFAST2 website that contains a social Welfare Plans Still Liable To Pay Benefits security number, immediately call the EFAST2 Help Desk at 1- 866-GO-EFAST (1-866-463-3278). A welfare plan cannot file a final return/report if the plan is still liable to pay benefits for claims that were incurred prior to the Employers without an EIN must apply for one as soon as termination date, but not yet paid. See 29 CFR 2520.104b- possible. The EBSA does not issue EINs. To apply for an EIN 2(g)(2)(ii). from the IRS: • Mail or fax Form SS-4, Application for Employer Identification Signature and Date Number, obtained at http://www.irs.gov/orderforms. For purposes of Title I of ERISA, the plan administrator is • See https://www.IRS.gov/Businesses and click on “Employer required to file the Form 5500. If the plan administrator does ID Numbers” for additional information. The EIN is issued not sign a filing, the filing status will indicate that there is an immediately once the application information is validated. (The error with your filing, and your filing will be subject to further online application process is not yet available for corporations review, correspondence, rejection, and civil penalties. with addresses in foreign countries or Puerto Rico.) The plan administrator must electronically sign the Form 5500 Do not attach a copy of the annual registration statement or 5500-SF submitted to EFAST2. (IRS Form 8955-SSA) identifying separated participants with deferred vested benefits, or a previous year’s Schedule SSA After submitting your filing, you must check the Filing (Form 5500) to your 2022 Form 5500 Annual Return/Report. Status. If the filing status is "Processing Stopped" or The annual registration statement must be filed directly with “Unprocessable”, it is possible your submission was not sent the IRS and cannot be attached to a Form 5500 submission with a valid electronic signature as required, and depending on with EFAST2. the error, may be considered not to have been filed. By looking closer at the Filing Status, you can see specific error Amended Return/Report messages applicable to the transmitted filing and determine File an amended return/report to correct errors and/or whether it was sent with a valid electronic signature and what omissions in a previously filed annual return/report for the 2022 other errors may need to be corrected. plan year. The amended Form 5500 and any amended Note. If the plan administrator is an entity, the electronic schedules and/or attachments must conform to the signature must be in the name of a person authorized to sign requirements in these instructions. See the DOL website at on behalf of the plan administrator. www.efast.dol.gov for information on filing amended returns/ Authorized Service Provider Signatures. A statement for reports for prior years. service providers that use this electronic signature option is in Check the line B box for “an amended return/report” if you the IFILE application. The statement provides that, by signing filed a previous 2022 annual return/report that was given a the electronic filing, the service provider is attesting: (1) that “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, -6- General Instructions to Form 5500 |
employer/plan sponsor’s, or DFE’s manual signature will be report. See ERISA section 502(c)(2), 29 CFR 2560.502c-2, included with the rest of the return/report posted by the and the Federal Civil Penalties Inflation Adjustment Act of Department of Labor on the Internet for public disclosure; and 1990, as amended by the Federal Civil Penalties Inflation (5) that the service provider will communicate to the plan Adjustment Act Improvements Act of 2015 (2015 Inflation administrator, employer/plan sponsor, or DFE, as applicable, Adjustment Act). Pub. L. No. 114-74; 129 Stat. 599 and the any inquiries and information received from EFAST2, DOL, DOL’s implementing regulation at 87 FR 2328 (Jan. 14, 2022). IRS or PBGC regarding the return/report. The 2015 Inflation Adjustment Act requires agencies to adjust Note. The Code permits either the plan sponsor/employer or the levels of civil monetary penalties with an initial catch-up the administrator to sign the filing. However, any Form 5500 adjustment, followed by annual adjustments for that is not electronically signed by the plan administrator will be inflation. Because the Federal Civil Penalties Inflation subject to rejection and civil penalties under Title I of ERISA. Adjustment Improvements Act of 2015 (Pub. L. No. 114-74; 129 Stat. 599), requires the penalty amount to be adjusted For DFE filings, a person authorized to sign on behalf of the annually after the Form 5500 and its schedules, attachments, DFE must sign for the DFE. and instructions are published for filing, be sure to check The Form 5500 Annual Return/Report must be filed DOL’s website for any possible required inflation adjustments electronically and signed. To obtain an electronic signature, go of the maximum penalty amount that may have been published to www.efast.dol.gov and register in EFAST2 as a signer. You in the Federal Register after the instructions have been posted. will be provided with a UserID and PIN. Both the UserID and 2. A penalty of $250 a day (up to $150,000) for not filing PIN are needed to sign the Form 5500. The plan administrator returns for certain plans of deferred compensation, trusts and must keep a copy of the Form 5500, including schedules and annuities, and bond purchase plans by the due date(s). See attachments with all required signatures on file as part of the Code section 6652(e). plan’s records. See 29 CFR 2520.103-1. 3. A penalty of $1,000 for each failure to file an actuarial Electronic signatures on annual returns/reports filed under statement (Schedule MB (Form 5500) or Schedule SB (Form EFAST2 are governed by the applicable statutory and 5500)) required by the applicable instructions. See Code regulatory requirements. section 6692. Other Penalties Change in Plan Year 1. Any individual who willfully violates any provision of Part Generally, only defined benefit pension plans need to get 1 of Title I of ERISA shall on conviction be fined not more than approval for a change in the plan year. See Code section $100,000 or imprisoned not more than 10 years, or both. See 412(d)(1). However, under Revenue Procedure 87-27, 1987-1 ERISA section 501. C.B. 769, these pension plans may be eligible for automatic 2. A penalty up to $10,000, five (5) years imprisonment, or approval of a change in plan year. both, may be imposed for making any false statement or If a change in plan year for a pension or welfare benefit plan representation of fact, knowing it to be false, or for knowingly creates a short plan year, file the form and applicable concealing or not disclosing any fact required by ERISA. See schedules by the last day of the 7th calendar month after the section 1027, Title 18, U.S. Code, as amended by section 111 short plan year ends or by the extended due date, if filing of ERISA. under an authorized extension of time. Fill in the short plan 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 Section 4: What To File 5500. For purposes of this return/report, the short plan year ends on the date of the change in accounting period or upon The Form 5500 reporting requirements vary depending on the complete distribution of assets of the plan. Also, see the whether the Form 5500 is being filed for a ‘‘large plan,’’ a instructions for the Final Return/Report to determine if “final ‘‘small plan,’’ and/or a DFE, and on the particular type of plan return/report” in line B should be checked. or DFE involved (e.g., welfare plan, pension plan, common/collective trust (CCT), pooled separate account Penalties (PSA), master trust investment account (MTIA), 103-12 IE, or Plan administrators and plan sponsors must provide complete group insurance arrangement (GIA)). and accurate information and must otherwise comply fully with The instructions below provide detailed information about the filing requirements. ERISA and the Code provide for the each of the Form 5500 schedules and which plans and DFEs DOL and the IRS, respectively, to assess or impose penalties are required to file them. for not giving complete and accurate information and for not The schedules are grouped in the instructions by type: filing complete and accurate statements and returns/reports. (1) Pension Benefit Schedules and (2) General Schedules. Certain penalties are administrative (i.e., they may be imposed Each schedule is listed separately with a description of the or assessed by one of the governmental agencies delegated to subject matter covered by the schedule and the plans and administer the collection of the annual return/report data). DFEs that are required to file the schedule. Others require a legal conviction. Filing requirements also are listed by type of filer: Administrative Penalties (1) Pension Benefit Plan Filing Requirements; (2) Welfare Listed below are various penalties under ERISA and the Code Benefit Plan Filing Requirements; and (3) DFE Filing that may be assessed or imposed for not meeting the annual Requirements. For each filer type there is a separate list of the return/report filing requirements. Generally, whether the schedules that must be filed with the Form 5500 (including penalty is under ERISA or the Code, or both, depends upon where applicable, separate lists for large plan filers, small plan the agency for which the information is required to be filed. filers, and different types of DFEs). One or more of the following administrative penalties may be The filing requirements also are summarized in a “Quick assessed or imposed in the event of incomplete filings or filings Reference Chart of Form 5500, Schedules, and Attachments.” received after the due date unless it is determined that your Generally, a return/report filed for a pension benefit plan or failure to file properly is for reasonable cause: welfare benefit plan that covered fewer than 100 participants 1. A penalty of up to $2,400 a day for each day a plan as of the beginning of the plan year should be completed administrator fails or refuses to file a complete and accurate following the requirements below for a “small plan,” and a General Instructions to Form 5500 --7 |
return/report filed for a plan that covered 100 or more unfunded/insured welfare plans, as described in 29 CFR participants as of the beginning of the plan year should be 2520.104-44(b)(1) and certain pension plans and completed following the requirements below for a “large plan.” arrangements, as described in 29 CFR 2520.104-44(b)(2) and Use the number of participants required to be entered in line in Limited Pension Plan Reporting, are exempt from 5 of the Form 5500 to determine whether a plan is a “small completing the Schedule H. plan” or “large plan.” Schedule I (Financial Information - Small Plan) – is Exceptions: required for all pension benefit plans and welfare benefit plans filing the Form 5500 Annual Return/Report, rather than the (1) 80-120 Participant Rule: If the number of participants Form 5500-SF, as ‘‘small plans,’’ except for certain pension reported on line 5 is between 80 and 120, and a Form 5500 benefit plans and arrangements described in 29 CFR Annual Return/Report was filed for the prior plan year, you may 2520.104-44(b)(2) and Limited Pension Plan Reporting. For elect to complete the return/report in the same category (‘‘large additional information, see the Schedule I instructions. plan’’ or ‘‘small plan’’) as was filed for the prior return/report. Thus, if a Form 5500-SF or a Form 5500 Annual Return/Report Note. A welfare plan that would have been eligible for the filing was filed for the 2021 plan year as a small plan, including the exemption under 29 CFR 2520.104-20, but for the fact that it is Schedule I if applicable, and the number entered on line 5 of required to file a Form M-1, is exempt from completing a the 2022 Form 5500 is 120 or less, you may elect to complete Schedule I if it meets the requirements of 29 CFR 2520.104- the 2022 Form 5500 and schedules in accordance with the 44(b)(1). instructions for a small plan, including for eligible filers, filing Schedule A (Insurance Information) – is required if any the Form 5500-SF instead of the Form 5500. benefits under an employee benefit plan are provided by an (2) Short Plan Year Rule: If the plan had a short plan year insurance company, insurance service or other similar of seven (7) months or less for either the prior plan year or the organization (such as Blue Cross, Blue Shield, or a health plan year being reported on the 2022 Form 5500, an election maintenance organization). This includes investment contracts can be made to defer filing the accountant’s report in with insurance companies, such as guaranteed investment accordance with 29 CFR 2520.104-50. If such an election was contracts and pooled separate accounts. For additional made for the prior plan year, the 2022 Form 5500 must be information, see the Schedule A instructions. completed following the requirements for a large plan, Note. Do not file Schedule A for Administrative Services Only including the attachment of the Schedule H and the (ASO) contracts. Do not file Schedule A if a Schedule A is filed accountant’s reports, regardless of the number of participants for the contract as part of the Form 5500 filed directly by a entered in Part II, line 5. master trust investment account (MTIA) or 103-12 IE. Form 5500 Schedules Schedule C (Service Provider Information) – is required for a large plan, MTIA, 103-12 IE, or GIA if (1) any service Pension Schedules provider who rendered services to the plan or DFE during the Schedule R (Retirement Plan Information) – is required for a plan or DFE year received $5,000 or more in compensation, pension benefit plan that is a defined benefit plan or is directly or indirectly from the plan or DFE, or (2) an accountant otherwise subject to Code section 412 or ERISA section 302. and/or enrolled actuary has been terminated. For additional Schedule R may also be required for certain other pension information, see the Schedule C instructions. benefit plans unless otherwise specified under limited Pension Schedule D (DFE/Participating Plan Information) – Part I is Plan Reporting. For additional information, see the Schedule R required for a plan or DFE that invested or participated in any instructions. MTIAs, 103-12 IEs, CCTs, and/or PSAs. Part II is required Schedule MB (Multiemployer Defined Benefit Plan and when the Form 5500 is filed for a DFE. For additional Certain Money Purchase Plan Actuarial Information) – is information, see the Schedule D instructions. required for most multiemployer defined benefit plans and for Schedule G (Financial Transaction Schedules) – is required defined contribution pension plans that currently amortize a for a large plan, MTIA, 103-12 IE, or GIA when Schedule H waiver of the minimum funding requirements specified in the (Financial Information) lines 4b, 4c, and/or 4d are checked instructions for the Schedule MB. For additional information, ‘‘Yes.’’ Part I of the Schedule G reports loans or fixed income see the instructions for the Schedule MB and the Schedule R. obligations in default or classified as uncollectible. Part II of the Schedule SB (Single-Employer Defined Benefit Plan Schedule G reports leases in default or classified as Actuarial Information) – is required for most single-employer uncollectible. Part III of the Schedule G reports nonexempt defined benefit plans, including multiple-employer defined transactions. For additional information, see the Schedule G benefit pension plans. For additional information, see the instructions. instructions for the Schedule SB. An unfunded, fully insured, or combination unfunded/ General Schedules insured welfare plan with 100 or more participants exempt under 29 CFR 2520.104-44 from completing Schedule Schedule H (Financial Information) – is required for pension H must still complete Schedule G, Part III, to report nonexempt benefit plans and welfare benefit plans filing as “large plans” transactions. and for all DFE filings. Employee benefit plans, 103-12 IEs, and GIAs filing the Schedule H are generally required to Pension Benefit Plan Filing engage an independent qualified public accountant (IQPA) and attach a report of the IQPA pursuant to ERISA section Requirements 103(a)(3)(A). These plans and DFEs are also generally Pension benefit plan filers must complete the Form 5500 required to attach to the Form 5500 a “Schedule of Assets Annual Return/Report, including the signature block and, (Held At End of Year),” and, if applicable, a “Schedule of unless otherwise specified, attach the following schedules and Assets (Acquired and Disposed of Within Year),” a information: “Schedule of Reportable Transactions,” and a “Schedule Small Pension Plan of Delinquent Participant Contributions.” For additional information, see the Schedule H instructions. The following schedules (including any additional information required by the instructions to the schedules) must be attached Exceptions: Insured, unfunded, or combination -8- General Instructions to Form 5500 |
to a Form 5500 filed for a small pension plan that is neither accounts or annuities (as described in Code section 408) as exempt from filing nor is filing the Form 5500-SF: the sole funding vehicle for providing pension benefits need 1. Schedule A (as many as needed), to report insurance, complete only Form 5500, Part I and Part II, lines 1 through 4, annuity, and investment contracts held by the plan. and 8 (enter pension feature code 2N). 2. 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 participated 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 3. Schedule I, to report small plan financial information, conditions of 29 CFR 2520.104-44(b)(2) during the entire plan unless exempt. year must complete all the requirements listed under this 4. Schedule MB or SB, to report actuarial information, if Pension Benefit Plan Filing Requirements section, except that applicable. such a plan is exempt from attaching Schedule H, Schedule I, 5. Schedule R, to report retirement plan information, if and an independent qualified public accountant’s opinion, and applicable. from the requirement to engage an IQPA. If Schedule I, line 4k, is checked “No,” you must attach A pension benefit plan that has insurance contracts of the the report of the independent qualified public accountant type described in 29 CFR 2520.104-44 as well as other assets (IQPA) or a statement that the plan is eligible and elects to must complete all requirements for a pension benefit plan, defer attaching the IQPA’s opinion pursuant to 29 CFR except that the value of the plan’s allocated contracts (see 2520.104-50 in connection with a short plan year of seven below) should not be reported in Part I of Schedule H or I. All months or less. other assets should be reported on Schedule H or Schedule I, and any other required schedules. If Schedule H is filed, attach Large Pension Plan an accountant’s report in accordance with the Schedule H The following schedules (including any additional information instructions. required by the instructions to the schedules) must be attached to a Form 5500 filed for a large pension plan: Note. For purposes of the annual return/report and the alternative method of compliance set forth in 29 CFR 1. Schedule A (as many as needed), to report insurance, 2520.104-44, a contract is considered to be ‘‘allocated’’ only if annuity, and investment contracts held by the plan. the insurance company or organization that issued the contract 2. Schedule C, if applicable, to report information on service unconditionally guarantees, upon receipt of the required providers and, if applicable, any terminated accountants or premium or consideration, to provide a retirement benefit of a enrolled actuaries. specified amount. This amount must be provided to each 3. Schedule D, Part I, to list any CCTs, PSAs, MTIAs, and participant without adjustment for fluctuations in the market 103-12 IEs in which the plan invested at any time during the value of the underlying assets of the company or organization, plan year. and each participant must have a legal right to such benefits, 4. Schedule G, to report loans or fixed income obligations in which is legally enforceable directly against the insurance default or determined to be uncollectible as of the end of the company or organization. For example, deposit administration, plan year, leases in default or classified as uncollectible, and immediate participation guarantee, and guaranteed investment nonexempt transactions, i.e., file Schedule G if Schedule H contracts are NOT allocated contracts for Form 5500 Annual (Form 5500) lines 4b, 4c, and/or 4d are checked ‘‘Yes.’’ Return/Report purposes. 5. Schedule H, to report large plan financial information, unless exempt. Welfare Benefit Plan Filing Requirements 6. Schedule MB or SB, to report actuarial information, if Welfare benefit plan filers must complete the Form 5500 applicable. Annual Return/Report, including the signature block and, 7. Schedule R, to report retirement plan information, if unless otherwise specified, attach the following schedules and applicable. information: Eligible Combined Plans Small Welfare Plan Section 903 of PPA established rules for a new type of pension The following schedules (including any additional information plan, an “eligible combined plan,” effective for plan years required by the instructions to the schedules) must be attached beginning after December 31, 2009. See Code section 414(x) to a Form 5500 filed for a small welfare plan that is neither and ERISA section 210(e). An eligible combined plan consists exempt from filing nor filing the Form 5500-SF: of a defined benefit plan and a defined contribution plan that 1. Schedule A (as many as needed), to report insurance includes a qualified cash or deferred arrangement under Code contracts held by the plan. section 401(k), with the assets of the two plans held in a single 2. Schedule D, Part I, to list any CCTs, PSAs, MTIAs, and trust, but clearly identified and allocated between the plans. 103-12 IEs in which the plan participated at any time during the The eligible combined plan design is available only to plan year. employers that employed an average of at least two, but not 3. Schedule I, to report small plan financial information. more than 500 employees, on business days during the A welfare plan that covered fewer than 100 participants calendar year preceding the plan year as of which the eligible as of the beginning of the plan year and is required to file combined plan is established and that employs at least two a Form M-1, Report for Multiple-Employer Welfare employees on the first day of the plan year that the plan is established. Because an eligible combined plan includes both Arrangements (MEWAs) and Certain Entities Claiming Exception (ECEs), is exempt from attaching Schedule I if the a defined benefit plan and a defined contribution plan, the plan meets the requirements of 29 CFR 2520.104-44. Form 5500 filed for the plan must include all the information, However, Schedule G, Part III, must be attached to the Form schedules, and attachments that would be required for either a defined benefit plan (such as a Schedule SB) or a defined 5500 to report any nonexempt transactions. contribution plan. Large Welfare Plan Limited Pension Plan Reporting The following schedules (including any additional information The pension benefit plans or arrangements described below required by the instructions to the schedules) must be attached are eligible for limited annual reporting: to a Form 5500 filed for a large welfare plan: 1. Schedule A (as many as needed), to report insurance and 1. IRA Plans: A pension plan using individual retirement General Instructions to Form 5500 --9 |
investment contracts held by the plan. more than one plan sponsored by a single employer or by a 2. Schedule C, if applicable, to report information on service group of employers under common control are held. providers and any terminated accountants or actuaries. ‘‘Common control’’ is determined on the basis of all relevant 3. Schedule D, Part I, to list any CCTs, PSAs, MTIAs, and facts and circumstances (whether or not such employers are 103-12 IEs in which the plan invested at any time during the incorporated). plan year. 4. Schedule G, to report loans or fixed income obligations in A ‘‘regulated financial institution’’ means a bank, trust default or determined to be uncollectible as of the end of the company, or similar financial institution that is regulated, plan year, leases in default or classified as uncollectible, and supervised, and subject to periodic examination by a state or nonexempt transactions, i.e., file Schedule G if Schedule H federal agency. A securities brokerage firm is not a ‘‘similar (Form 5500) lines 4b, 4c, and/or 4d are checked ‘‘Yes’’ or if a financial institution’’ as used here. See DOL Advisory Opinion large welfare plan that is not required to file a Schedule H has 93-21A (available at www.dol.gov/ebsa). nonexempt transactions. The assets of a master trust are considered for reporting 5. Schedule H, to report financial information, unless exempt. purposes to be held in one or more ‘‘investment accounts.’’ A Attach the report of the independent qualified public ‘‘master trust investment account’’ may consist of a pool of accountant (IQPA) identified on Schedule H, line 3c, assets or a single asset. Each pool of assets held in a master unless line 3d(2) is checked. trust must be treated as a separate MTIA if each plan that has an interest in the pool has the same fractional interest in each Neither Schedule H nor an IQPA’s opinion should be asset in the pool as its fractional interest in the pool, and if attached to a Form 5500 filed for an unfunded, fully each such plan may not dispose of its interest in any asset in insured or combination unfunded/insured welfare plan that the pool without disposing of its interest in the pool. A master covered 100 or more participants as of the beginning of the trust may also contain assets that are not held in such a pool. plan year that meets the requirements of 29 CFR 2520.104-44. Each such asset must be treated as a separate MTIA. However, Schedule G, Part III, must be attached to the Form 5500 to report any nonexempt transactions. A welfare benefit Notes. (1) If an MTIA consists solely of one plan’s asset(s) plan that uses a ‘‘voluntary employees’ beneficiary during the reporting period, the plan may report the asset(s) association’’ (VEBA) under Code section 501(c)(9) is generally either as an investment account on an MTIA Form 5500, or as not exempt from the requirement of engaging an IQPA. a plan asset(s) that is not part of the master trust (and therefore subject to all instructions concerning assets not held Direct Filing Entity (DFE) Filing in a master trust) on the plan’s Form 5500. (2) If a master trust holds assets attributable to participant or beneficiary directed Requirements transactions under an individual account plan and the assets Some plans participate in certain trusts, accounts, and other are interests in registered investment companies, interests in investment arrangements that file the Form 5500 Annual contracts issued by an insurance company licensed to do Return/Report as a DFE. A Form 5500 must be filed for a business in any state, interests in common/collective trusts master trust investment account (MTIA). A Form 5500 is not maintained by a bank, trust company or similar institution, or required but may be filed for a common/collective trust (CCT), the assets have a current value that is readily determinable on pooled separate account (PSA), 103-12 investment entity (103- an established market, those assets may be treated as a single 12 IE), or group insurance arrangement (GIA). However, plans MTIA. that participate in CCTs, PSAs, 103-12 IEs, or GIAs that file as The Form 5500 submitted for the MTIA must comply with DFEs generally are eligible for certain annual reporting relief. the Form 5500 instructions for a Large Pension Plan, unless For reporting purposes, a CCT, PSA, 103-12 IE, or GIA is otherwise specified in the forms and instructions. The MTIA considered a DFE only when a Form 5500 and all required must file: schedules and attachments are filed for it in accordance with 1. Form 5500, except lines C, D, 1c, 2d, and 5 through 9. the following instructions. Be certain to enter ‘‘M’’ in Part I, line A, as the DFE code. Only one Form 5500 should be filed for each DFE for all 2. Schedule A (as many as needed) to report insurance, plans participating in the DFE; however, the Form 5500 filed annuity and investment contracts held by the MTIA. for the DFE, including all required schedules and attachments, 3. Schedule C, if applicable, to report service provider must report information for the DFE year (not to exceed 12 information. Part III is not required for an MTIA. months in length) that ends with or within the participating 4. Schedule D, to list CCTs, PSAs, and 103-12 IEs in which plan’s year. the MTIA invested at any time during the MTIA year and to list Any Form 5500 filed for a DFE is an integral part of the all plans that participated in the MTIA during its year. annual report of each participating plan, and the plan 5. Schedule G, to report loans or fixed income obligations in administrator may be subject to penalties for failing to file a default or determined to be uncollectible as of the end of the complete annual report unless both the DFE Form 5500 and MTIA year, all leases in default or classified as uncollectible, the plan’s Form 5500 are properly filed. The information and nonexempt transactions. required for a Form 5500 filed for a DFE varies according to 6. Schedule H, except lines 1b(1), 1b(2), 1c(8), 1g, 1h, 1i, the type of DFE. The following paragraphs provide specific 2a, 2b(1)(E), 2e, 2f, 2g, 4a, 4e, 4f, 4g, 4h, 4k, 4l, 4m, 4n, and guidance for the reporting requirements for each type of DFE. 5, to report financial information. An independent qualified public accountant’s (IQPA’s) opinion is not required for an Master Trust Investment Account (MTIA) MTIA. The administrator filing a Form 5500 for an employee benefit 7. Additional information required by the instructions to the plan is required to file or have a designee file a Form 5500 for above schedules, including, for example, the schedules of each MTIA in which the plan participated at any time during the assets held for investment and the schedule of reportable plan year. For reporting purposes, a ‘‘master trust’’ is a trust for transactions. For purposes of the schedule of reportable which a regulated financial institution (as defined below) serves transactions, the 5% figure shall be determined by comparing as trustee or custodian (regardless of whether such institution the current value of the transaction at the transaction date with exercises discretionary authority or control with respect to the the current value of the investment account assets at the management of assets held in the trust), and in which assets of beginning of the applicable fiscal year of the MTIA. All -10- General Instructions to Form 5500 |
attachments must be properly labeled. by, or maintained pursuant to a collective-bargaining agreement negotiated by, the same employee organization or Common/Collective Trust (CCT) and Pooled affiliated employee organizations. For purposes of this Separate Account (PSA) paragraph, an ‘‘affiliate’’ of an employee organization means A Form 5500 is not required to be filed for a CCT or PSA. any person controlling, controlled by, or under common control However, the administrator of a large plan or DFE that with such organization. See 29 CFR 2520.103-12. participates in a CCT or PSA that files as specified below is The Form 5500 submitted for a 103-12 IE must comply with entitled to reporting relief that is not available to plans or DFEs the Form 5500 instructions for a Large Pension Plan, unless participating in a CCT or PSA for which a Form 5500 is not otherwise specified in the forms and instructions. The filed. 103-12 IE must file: For reporting purposes, ‘‘common/collective trust’’ and 1. Form 5500, except lines C, D, 1c, 2d, and 5 through 9. ‘‘pooled separate account’’ are, respectively: (1) a trust Enter ‘‘E’’ in part I, line A, as the DFE code. maintained by a bank, trust company, or similar institution or 2. Schedule A (as many as needed), to report insurance, (2) an account maintained by an insurance carrier, which is annuity and investment contracts held by the 103-12 IE. 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 Note. For reporting purposes, a separate account that is not 103-12 IE year, leases in default or classified as uncollectible, considered to be holding plan assets pursuant to 29 CFR and nonexempt transactions. 2510.3-101(h)(1)(iii) does not constitute a pooled separate 6. Schedule H, except lines 1b(1), 1b(2), 1c(8), 1d, 1e, 1g, account. 1h, 1i, 2a, 2b(1)(E), 2e, 2f, 2g, 4a, 4e, 4f, 4g, 4h, 4j, 4k, 4l, 4m, 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 3c, 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 Group Insurance Arrangement (GIA) code. 2. Schedule D, to list all CCTs, PSAs, MTIAs, and Each welfare benefit plan that is part of a group insurance 103-12 IEs in which the CCT or PSA invested at any time arrangement is exempt from the requirement to file a Form during the CCT or PSA year and to list in Part II all plans that 5500 if a consolidated Form 5500 report for all the plans in the participated in the CCT or PSA during its year. arrangement was filed in accordance with 29 CFR 2520.104- 3. Schedule H, except lines 1b(1), 1b(2), 1c(8), 1d, 1e, 1g, 43. For reporting purposes, a ‘‘group insurance arrangement’’ 1h, 1i, 2a, 2b(1)(E), 2e, 2f, and 2g, to report financial provides benefits to the employees of two or more unaffiliated information. Part IV and an accountant’s (IQPA’s) opinion are employers (not in connection with a multiemployer plan or a not required for a CCT or PSA. collectively-bargained multiple-employer plan), fully insures one or more welfare plans of each participating employer, uses Different requirements apply to the Schedules D and H a trust or other entity as the holder of the insurance contracts, attached to the Form 5500 filed by plans and DFEs and uses a trust as the conduit for payment of premiums to the participating in CCTs and PSAs, depending upon whether a insurance company. The GIA must file: DFE Form 5500 has been filed for the CCT or PSA. See the instructions for these schedules. 1 . Form 5500, except lines C and 2d. (Enter ‘‘G’’ in Part I, line A, as the DFE code). 103-12 Investment Entity (103-12 IE) 2. Schedule A (as many as needed), to report insurance, DOL Regulation 2520.103-12 provides an alternative method annuity and investment contracts held by the GIA. of reporting for plans that invest in an entity (other than an 3. Schedule C, if applicable, to report service provider MTIA, CCT, or PSA), whose underlying assets include ‘‘plan information and any terminated accountants. assets’’ within the meaning of 29 CFR 2510.3-101 of two or 4. Schedule D, to list all CCTs, PSAs, and 103-12 IEs in more plans that are not members of a ‘‘related group’’ of which the GIA invested at any time during the GIA year, and to employee benefit plans. Such an entity for which a Form 5500 list all plans that participated in the GIA during its year. is filed constitutes a ‘‘103-12 IE.’’ A Form 5500 is not required 5. Schedule G, to report loans or fixed income obligations in to be filed for such entities; however, filing a Form 5500 as a default or determined to be uncollectible as of the end of the 103-12 IE provides certain reporting relief, including the GIA year, leases in default or classified as uncollectible, and limitation of the examination and report of the independent nonexempt transactions. qualified public accountant (IQPA) provided by 29 CFR 6. Schedule H, except lines 4a, 4e, 4f, 4g, 4h, 4k, 4m, 4n, 2520.103-12(d), to participating plans and DFEs. For this and 5, to report financial information. reporting purpose, a ‘‘related group’’ of employee benefit plans 7. Additional information required by the instructions to the consists of each group of two or more employee benefit plans above schedules, including, for example, the report of the (1) each of which receives 10% or more of its aggregate independent qualified public accountant (IQPA) identified on contributions from the same employer or from a member of the Schedule H, line 3c, the schedules of assets held for same controlled group of corporations (as determined under investment and the schedule of reportable transactions. All Code section 1563(a), without regard to Code section attachments must be properly labeled. 1563(a)(4) thereof); or (2) each of which is either maintained General Instructions to Form 5500 -11- |
Quick Reference Chart of Form 5500, Schedules, and Attachments (Not 1 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, or Information) contracts. contracts. 4 contracts. contracts. 4 GIA has insurance contracts. Must complete Part I Must complete Part I MTIAs, GIAs, and if service provider if service provider 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 must Must complete Part I Must complete Part I Must complete Part I Must complete Part I complete Part II, and Schedule D if plan participated in if plan participated in if plan participated in if plan participated in DFEs that invest in a (DFE/Participating a CCT, PSA, MTIA, a CCT, PSA, MTIA, or a CCT, PSA, MTIA, a CCT, PSA, MTIA, CCT, PSA, or Plan Information) or 103-12 IE. 103-12 IE. 4 or 103-12 IE. or 103-12 IE. 4 103-12 IE must also complete Part I. Must complete if Must complete if Must complete if Schedule G Schedule H, lines Not required. Schedule H, lines Not required 3. Schedule H, lines (Financial 4b, 4c, or 4d are 4b, 4c, or 4d are 4b, 4c, or 4d for a Schedules) “Yes.” “Yes.” 3 GIA, MTIA, or 103-12 IE are “Yes.” All DFEs must complete Parts I, II, Schedule H and III. MTIAs, (Financial Must complete. 5 Not required. Must complete.3, 5 Not required. 103-12 IEs, and Information) GIAs must also complete Part IV. 5 Schedule I (Financial Not required. Must complete. 4 Not required. Must complete. 4 Not required. Information) 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 -12- General Instructions to Form 5500 |
Large Small Large Welfare Small Welfare Pension Plan Pension Plan2 Plan Plan2 DFE 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 multiple-employer multiple-employer Schedule SB defined benefit plan, defined benefit plan, Not required. Not required. Not required. (Actuarial including an eligible including an eligible Information) combined plan and combined plan and subject to minimum subject to minimum funding standards. funding standards. Not required unless Accountant’s Must attach. Schedule I, line 4k, is Must attach. 3 Not required. Must attach for a Report checked “No.” GIA or 103-12 IE. 1 This chart provides only general guidance. Not all rules and exempt from filing an annual report. See Who Must File. Such a plan requirements are reflected. Refer to specific Form 5500 instructions for with 100 or more participants must file an annual report, but is exempt complete information on filing requirements (e.g., Who Must File and under 29 CFR 2520.104-44 from the accountant’s report requirement What To File). For example, a pension plan is exempt from filing any and completing Schedule H, but MUST complete Schedule G, Part III, schedules if the plan uses Code section 408 individual retirement to report any nonexempt transactions. See What To File. All Plans accounts as the sole funding vehicle for providing benefits. See Limited required to file Form M-1 (Report for Multiple-Employer Welfare Pension Plan Reporting. Arrangements (MEWAs) and Certain Entities Claiming Exception (ECEs)) must file a Form 5500 regardless of plan size or type of 2 Pension plans and welfare plans with fewer than 100 participants at funding. the beginning of the plan year that are not exempt from filing an annual return/report may be eligible to file the Form 5500-SF, a simplified 4 Do not complete if filing the Form 5500-SF instead of the Form 5500. report. In addition to the limitation on the number of participants, a Form 5500-SF may only be filed for a plan that is exempt from the 5 Schedules of assets and reportable (5%) transactions also must be requirement that the plan’s books and records be audited by an filed with the Form 5500 if Schedule H, line 4i or 4j is “Yes.” independent qualified public accountant (but not by reason of enhanced bonding), has 100 percent of its assets invested in certain 6 Money purchase defined contribution plans that are amortizing a secure investments with a readily determinable fair market value, holds no employer securities, is not a multiemployer plan, is not required to funding waiver are required to complete lines 3, 9, and 10 of the file a Form M-1 (Report for Multiple-Employer Welfare Arrangements Schedule MB in accordance with the instructions. Also see instructions (MEWAs) and Certain Entities Claiming Exception (ECEs)) for the plan for line 5 of Schedule R and line 12a of Form 5500-SF. year, and is not a pooled employer plan. See the Form 5500-SF 7 instructions, Who May File Form 5500-SF. Schedule R should not be completed when the Form 5500 Annual Return/Report is filed for a pension plan that uses, as the sole funding 3 Unfunded, fully insured, or combination unfunded/fully insured vehicle for providing benefits, individual retirement accounts or welfare plans covering fewer than 100 participants at the beginning of annuities (as described in Code section 408). See the Form 5500 the plan year that meet the requirements of 29 CFR 2520.104-20 are instructions for Limited Pension Plan Reporting for more information. General Instructions to Form 5500 -13- |
Section 5: Line-by-Line Note. Do not check this box if all of the employers maintaining the plan are members of the same controlled group or affiliated Instructions for the 2022 service group under Code sections 414(b), (c), or (m). Form 5500 and Schedules Participating Employer Information. Multiple-employer plans required to file a Form 5500 must include an attachment using Part I – Annual Return/Report Identification the format below. The attachment must be properly identified Information at the top with the label “Multiple-Employer Plan Participating File the 2022 Form 5500 Annual Return/Report for a plan year Employer Information,” and the name of the plan, EIN, and that began in 2022 or a DFE year that ended in 2022. Enter the plan number (PN) as found on the plan’s Form 5500. Complete beginning and ending dates in Part I. The 2022 Form 5500 as many entries as needed to report the required information Annual Return/Report must be filed electronically. for all participating employers in the plan. One Form 5500 is generally filed for each plan or entity • Except as provided below, all multiple-employer plans must described in the instructions to the boxes in line A. Do not complete elements 1-3 of the “Multiple-Employer Plan check more than one box. Participating Employer Information” attachment. For element 3, enter a good faith estimate of each employer’s percentage A separate Form 5500, with line A (single-employer plan) of the total contributions (including employer and participant checked, must be filed by each employer participating in a plan contributions) made by all participating employers during the or program of benefits in which the funds attributable to each year. The percentage may be rounded to be nearest whole employer are available to pay benefits only for that employer’s percentage. To the extent the rounding results in the total employees, even if the plan is maintained by a controlled reported percentage being either slightly above or slightly group. below 100 percent, the filer can indicate that on the A “controlled group” is generally considered one employer attachment. Any employer who was obligated to make for Form 5500 reporting purposes. A “controlled group” is a contributions to the plan for the plan year, made controlled group of corporations under Code section 414(b), a contributions to the plan for the plan year, or whose group of trades or businesses under common control under employees were covered under the plan is a “participating Code section 414(c), or an affiliated service group under Code employer” for this purpose. If a participating employer made section 414(m). no contributions, enter “-0-” in element 3. Line A – Box for Multiemployer Plan. Check this box if the • Multiple-employer pension plans that are defined Form 5500 is filed for a multiemployer plan. A plan is a contribution plans must also complete element 4 of the multiemployer plan if: (a) more than one employer is required “Multiple-Employer Plan Participating Employer Information” to contribute, (b) the plan is maintained pursuant to one or attachment to report the aggregate account balances for more collective bargaining agreements between one or more each participating employer determined as the sum of the employee organizations and more than one employer; (c) an account balances of the employees of such employer (and election under Code section 414(f)(5) and ERISA section the beneficiaries of such employees). For element 4, the 3(37)(E) has not been made; and (d) the plan meets any other aggregate account balance attributable to each employer is applicable conditions of 29 CFR 2510.3-37. A plan that has the sum of the account balances of the employees of such made a proper election under ERISA section 3(37)(G) and employer and their beneficiaries at the end of the year. Code section 414(f)(6) on or before August 17, 2007, is also a Consistent with the information on the schedules of assets multiemployer plan. Participating employers do not file for the plan as a whole, use the end of year valuation to individually for these plans. calculate the amount of assets by employer. The amounts Line A – Box for Single-Employer Plan. Check this box if can be rounded to the nearest dollar, consistent with other the Form 5500 is filed for a single-employer plan. A single- asset reporting on the forms and schedules. employer plan for this Form 5500 reporting purpose is an • Multiple-employer welfare plans that are unfunded, fully employee benefit plan maintained by one employer or one insured, or a combination of unfunded/insured and exempt employee organization. under 29 CFR 2520.104-44 from the obligation to file Line A – Box for Multiple-Employer Plan. Check this box if financial statements with their annual report are required to the Form 5500 is being filed for a multiple-employer plan. A complete elements 1 and 2 only of the “Multiple-Employer multiple-employer plan is a plan that is maintained by more Plan Participating Employer Information” attachment. than one employer and is not one of the plans already • Multiple-employer pension plans that are pooled employer described. A multiple-employer plan can be collectively plans must also complete the “Pooled Employer Plan/Pooled bargained and collectively funded, but if covered by PBGC Plan Provider Information” attachment. The attachment may termination insurance, must have properly elected before be attached as part of the “Multiple-Employer Plan September 27, 1981, not to be treated as a multiemployer plan Participating Employer Information” attachment or as a under Code section 414(f)(5) or ERISA sections 3(37)(E) and separate attachment entitled “Pooled Employer Plan 4001(a)(3), and have not revoked that election or made an Information.” For element 1b, AckID is the acknowledgement election to be treated as a multiemployer plan under Code code generated by the system in response to a completed section 414(f)(6) or ERISA section 3(37)(G). A single Form Form PR submitted. The instructions to the Form PR advise 5500 Annual Return/Report is filed for the multiple-employer the pooled plan provider that it must keep, under ERISA plan; participating employers do not file individually for this type section 107, the electronic receipt for the Form PR filing as of plan. part of the records of the pooled employer plans operated by A pooled employer plan as defined in ERISA section 3(44) the pooled plan provider. operated by a “pooled plan provider” that meets the definition under ERISA section 3(43) is a multiple-employer plan. -14- Instructions for Part I and Part II of Form 5500 |
Multiple-Employer Plan Participating Employer Type of entity Enter the letter Information (Insert Name of Plan and EIN/PN as shown on the 5500) Master Trust M 1. Name of 2. 3. Percent of 4. Aggregate Investment Account participating EIN Total Account Balances at Common/Collective Trust C employer Contributions End of Year for Plan Year Attributable to Pooled Separate P Participating Account Employer 103-12 Investment E Entity Group Insurance 1. Name of 2. 3. Percent of 4. Aggregate Arrangement G participating EIN Total Account Balances at employer Contributions End of Year Note. A separate annual report with “M” entered as the DFE for Plan Year Attributable to code on Form 5500, line A, must be filed for each MTIA. See Participating instructions on page 10. Employer Line B – Box for First Return/Report. Check this box if an annual return/report has not been previously filed for this plan 1. Name of 2. 3. Percent of 4. Aggregate or DFE. For the purpose of completing this box, the Form participating EIN Total Account Balances at 5500-EZ is not considered an annual return/report. employer Contributions End of Year Line B – Box for Amended Return/Report. Check this box if for Plan Year Attributable to you have already filed for the 2022 plan year and are now filing Participating an amended return/report to correct errors and/or omissions on Employer the previously filed return/report. See instructions on page 6. Check the line B box for an “amended return/report” if you filed a previous 2022 annual return/report that was given a 1. Name of 2. 3. Percent of 4. Aggregate participating EIN Total Account Balances at “Filing_Received,” “Filing_Error,” or “Filing_Stopped” status by employer Contributions End of Year EFAST2. Do not check the line B box for an “amended return/report” if your previous submission attempts were not for the Plan Attributable to successfully received by EFAST2 because of problems with the Year Participating Employer transmission of your return/report. For more information, go to the EFAST2 website at www.efast.dol.gov or call the EFAST2 Help Desk at 1-866-GO-EFAST (1-866-463-3278). 1. Name of 2. 3. Percent of 4. Aggregate Line B – Box for Final Return/Report. Check this box if this participating EIN Total Account Balances at Form 5500 is the last annual return/report required to be employer Contributions End of Year submitted for this plan. (See Final Return/Report.) for the Plan Attributable to Do not check box B (Final Return/Report) if “4R” is Note. Year Participating entered on line 8b for a welfare plan that is not required to file Employer a Form 5500 for the next plan year because the welfare plan has become eligible for an annual reporting exemption. For Complete as many rows as needed to report the example, certain unfunded and insured welfare plans may be required information for all participating employers in required to file the 2022 Form 5500 and be exempt from filing a the plan. Form 5500 for the plan year 2023 if the number of participants covered as of the beginning of the 2023 plan year drops below 100. See Who Must File. Should the number of participants Pooled Employer Plan/Pooled Plan Provider Information covered by such a plan increase to 100 or more in a future (Insert Name of Plan and EIN/PN as shown on the year, the plan must resume filing Form 5500 and enter ‘‘4S’’ on Form 5500) line 8b on that year’s Form 5500. See 29 CFR 2520.104-20. Only pooled employer plans complete . 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 1a. Is the pooled plan provider currently in compliance with less than 12 months. Provide the dates in Part I, Plan Year the requirements for filing the Form PR (Pooled Plan Beginning and Ending. Provider Registration Statement)? (See Form PR Instructions and 29 CFR 2510.3-44.) [] Yes [] No Line C – Box for Collectively-Bargained Plan. Check this box when the contributions to the plan and/or the benefits paid 1b. If “Yes” is checked in line 1a, enter the AckID for the by the plan are subject to the collective bargaining process most recent Form PR that was required to be filed under the (even if the plan is not established and administered by a joint Form PR filing requirements. (Failure to enter a valid AckID board of trustees and even if only some of the employees will subject the Form 5500 filing to rejection as incomplete.) covered by the plan are members of a collective bargaining AckID ______________________ unit that negotiates contributions and/or benefits). The contributions and/or benefits do not have to be identical for all employees under the plan. Line A –Box for Direct Filing Entity (DFE). Check this box Line D – Box for Extension and DFVC Program. Check the and enter the correct letter from the following chart in the appropriate box here if: space provided to indicate the type of entity. • You filed for an extension of time to file this form with the Instructions for Part I and Part II of Form 5500 -15- |
IRS using a completed Form 5558, Application for Extension Part II, line 8b is completed 501 to the first plan or GIA. of Time To File Certain Employee Plan Returns (maintain a and 8a is not checked, or Consecutively number others copy of the Form 5558 with the filer’s records); Part I, line A, for a DFE is as 502, 503… • You are filing using the automatic extension of time to file checked and a G is entered Form 5500 until the due date of the federal income tax return of the employer (maintain a copy of the employer’s extension Exception. If Part II, line 8a is completed and 333 (or a higher of time to file the income tax return with the filer’s records); number in a sequence beginning with 333) was previously • You are filing using a special extension of time to file the assigned to the plan, that number may be entered on line 1b. Form 5500 that has been announced by the IRS, DOL, and Line 1c. Enter the date the plan first became effective. PBGC. If you checked that you are using a special extension of Limit your response to the information required in Line 2a. time, enter a description of the extension of time in the space each row as specified below: provided. • You are filing under DOL’s Delinquent Filer Voluntary 1. Enter the name of the plan sponsor or, in the case of a Compliance (DFVC) Program. Form 5500 filed for a DFE, the name of the insurance company, financial institution, or other sponsor of the DFE Line E – Box for a retroactively adopted plan as permitted (e.g., in the case of a GIA, the trust or other entity that holds by SECURE Act section 201. Check this box if the plan the insurance contract, or in the case of an MTIA, one of the sponsor adopted the plan during the 2022 plan year (i.e., by the due date, including extension, for filing the plan sponsor’s sponsoring employers). If the plan covers only the employees tax return for the 2021 taxable year) and elected to treat the of one employer, enter the employer’s name. plan as having been adopted before the 2022 plan year began The term ‘‘plan sponsor’’ means: (i.e., at the close as of the last day of the sponsor’s taxable • The employer, for an employee benefit plan that a single year) as permitted by section 201 of the Setting Every employer established or maintains; Community Up for Retirement Enhancement Act of 2019 • The employee organization, in the case of a plan of an (SECURE ACT). Plans in this situation are not required to file a employee organization; 2021 Form 5500. However, if the plan is a defined benefit • The association, committee, joint board of trustees, or other pension plan, the 2021 Schedule SB (Form 5500) must be included as an attachment to the 2022 Schedule SB (Form similar group of representatives of the parties who establish or 5500) as part of the 2022 Form 5500. Please see Instructions maintain the plan, if the plan is established or maintained for Schedule SB for more information. jointly by one or more employers and one or more employee organizations, or by two or more employers; Part II – Basic Plan Information • The pooled plan provider that operates the plan, in the case Line 1a. Enter the formal name of the plan or DFE or enough of a pooled employer plan that meets the definition under information to identify the plan or DFE. Abbreviate if ERISA section 3(43); or necessary. If an annual return/report has previously been filed • The professional employer organization (PEO), in the case on behalf of the plan, regardless of the type of form that was of a PEO multiple-employer plan that meets the conditions filed (Form 5500, Form 5500-EZ, or Form 5500-SF), use the under 29 CFR 2510.3-55(c). same name or abbreviation as was used on the prior filings. Note. In the case of a multiple-employer plan, file only one Once you use an abbreviation, continue to use it for that plan annual return/report for the plan. If an association, pooled plan on all future annual return/report filings with the IRS, DOL, and provider, PEO or other entity is not the sponsor, enter the PBGC. Do not use the same name or abbreviation for any name of a participating employer as sponsor. A plan of a other plan, even if the first plan is terminated. If the plan has controlled group of corporations should enter the name of one changed its name from the prior year filing(s), complete line 4 of the sponsoring members. In either case, the same name to indicate that the plan was previously identified by a different must be used in all subsequent filings of the Form 5500 for the name. multiple-employer plan or controlled group (see instructions to Line 1b. Enter the three-digit plan or entity number (PN) the line 4 concerning change in sponsorship). employer or plan administrator assigned to the plan or DFE. 2. Enter any ‘‘in care of’’ (C/O) name. This three-digit number, in conjunction with the employer 3. Enter the current street address. A post office box identification number (EIN) entered on line 2b, is used by the number may be entered if the Post Office does not deliver mail IRS, DOL, and PBGC as a unique 12-digit number to identify to the sponsor’s street address. the plan or DFE. 4. Enter the name of the city. Start at 001 for plans providing pension benefits, plans 5. Enter the two-character abbreviation of the U.S. state or providing pension and welfare benefits, or DFEs as illustrated possession and zip code. in the table below. Start at 501 for plans providing only welfare 6. Enter the foreign routing code, if applicable. Leave U.S. benefits and GIAs. Do not use 888 or 999. state and zip code blank if entering a foreign routing code and Once you use a plan or DFE number, continue to use it for country name. that plan or DFE on all future filings with the IRS, DOL, and 7. Enter the foreign country, if applicable. PBGC. Do not use it for any other plan or DFE, even if the first 8. Enter the D/B/A (the doing business as) or trade name of plan or DFE is terminated. the sponsor if different from the plan sponsor’s name. 9. Enter any second address. Use only a street address here, not a P.O. Box. For each Form 5500 Assign PN Note. Use the IRS Form 8822-B, Change of Address or with the same EIN Responsible Party – Business, to notify the IRS if the address (line 2b), when provided here is a change in your business mailing address or your business location. Part II, line 8a is 001 to the first plan or DFE. completed, or Part I, line A, Consecutively number others Line 2b. Enter the nine-digit employer identification number for a DFE is checked and as 002, 003… (EIN) assigned to the plan sponsor/employer, for example, 00- an M, C, P, or E is entered 1234567. In the case of a DFE, enter the employer -16- Instructions for Part I and Part II of Form 5500 |
identification number (EIN) assigned to the CCT, PSA, MTIA, • The person or group of persons specified as the 103-12 IE, or GIA. administrator by the instrument under which the plan is Do not use a social security number in lieu of an EIN. The operated; Form 5500 is open to public inspection, and the contents are • The pooled plan provider that operates the plan, in the public information and are subject to publication on the case of a pooled employer plan that meets the definition Internet. Because of privacy concerns, the inclusion of a social under ERISA section 3(43); security number or any portion thereof on this line may result in • The professional employer organization (PEO), in the case the rejection of the filing. of a PEO multiple-employer plan that meets the conditions Employers without an EIN must apply for one as soon as under 29 CFR 2510.3-55(c); possible. The EBSA does not issue EINs. To apply for an EIN • The plan sponsor/employer if an administrator is not so from the IRS: designated; or • Any other person prescribed by regulations if an • Mail or fax Form SS-4, Application for Employer administrator is not designated and a plan sponsor cannot Identification Number, obtained at www.irs.gov/orderforms. be identified. • See https://www.IRS.gov/Businesses and click on “Employer ID Numbers” for additional information. The EIN is 2. Enter any “in care of” (C/O) name. issued immediately once the application information is 3. Enter the current street address. A post office box validated. (The online application process is not yet available number may be entered if the Post Office does not deliver mail for corporations with addresses in foreign countries or Puerto to the administrator’s street address. Rico.) 4. Enter the name of the city. 5. Enter the two-character abbreviation of the U.S. state or A multiple-employer plan or plan of a controlled group of possession and zip code. corporations should use the EIN of the sponsor identified in 6. Enter the foreign routing code and foreign country, if line 2a. The EIN must be used in all subsequent filings of the applicable. Leave U.S. state and zip code blank if entering Form 5500 for these plans (see instructions to line 4 foreign routing code and country information. concerning change in EIN). Line 3b. Enter the plan administrator’s nine-digit EIN. A plan If the plan sponsor is a group of individuals, get a single EIN administrator must have an EIN for Form 5500 reporting for the group. When you apply for the EIN, provide the name of purposes. If the plan administrator does not have an EIN, apply the group, such as ‘‘Joint Board of Trustees of the Local 187 for one as explained in the instructions for line 2b. One EIN Machinists’ Retirement Plan.’’ (If filing Form SS-4, enter the should be entered for a group of individuals who are, group name on line 1.) collectively, the plan administrator. Note. EINs for funds (trusts or custodial accounts) associated Line 3c. Enter the telephone number for the plan with plans (other than DFEs) are generally not required to be administrator. Use numbers only, including area code, and do furnished on the Form 5500; the IRS will issue EINs for such not include any special characters. funds for other reporting purposes. EINs may be obtained as explained above. Plan sponsors should use the trust EIN Note. Employees of the plan sponsor who perform described above when opening a bank account or conducting administrative functions for the plan are generally not the plan other transactions for a trust that require an EIN. administrator unless specifically designated in the plan document. If an employee of the plan sponsor is designated as Line 2c. Enter the telephone number for the plan sponsor. the plan administrator, that employee must get an EIN. Use numbers only, including area code, and do not include any special characters. In the case of a pooled employer plan, information for the pooled employer plan and the pooled plan provider Line 2d. Enter the six-digit business code from the list of operating the plan reported on the Form 5500 must match the business codes on pages 80, 81, and 82 that: information reported on the Form PR. Failure to report the • In the case of a single-employer plan, best describes the same information could result in correspondence from the primary nature of the plan sponsor’s business, and Department of Labor or the Internal Revenue Service. • In the case of a multiemployer plan, best describes the Line 4. If the plan sponsor’s or DFE’s name and/or EIN have predominant industry in which the active participants are changed or the plan name has changed since the last employed (e.g., 484120 - General Freight Trucking, Long- return/report was filed for this plan or DFE, enter the plan distance, 236110 - Residential Building Construction). sponsor’s or DFE’s name, EIN, the plan name, and the plan Do not enter code 525100 (Insurance & Employee Benefit number as it appeared on the last return/report filed. Funds) or 813930 (Labor Unions and Similar Labor The failure to indicate on line 4 that a plan sponsor was Organizations) unless the predominant industry in which the previously identified by a different name or a different active participants are employed is the industry of insurance employer identification number (EIN) or that the plan name has and employee benefit funds, or labor unions and similar labor been changed could result in correspondence from the DOL organizations. and/or the IRS. Line 3a. Please limit your response to the information Lines 5 and 6. All filers must complete both lines 5 and 6 required: unless the Form 5500 is filed for an IRA Plan described in 1. Enter the name and address of the plan administrator Limited Pension Plan Reporting or for a DFE. Note. Welfare unless the administrator is the sponsor identified in line 2. If plans complete only lines 5, 6a(1), 6a(2), 6b, 6c, and 6d. both the plan administrator name and address are the same as The description of ‘‘participant’’ in the instructions below is the plan sponsor name and address, check the “Same as Plan only for purposes of these lines. Sponsor” box and disregard items 2 through 6 below. If the An individual becomes a participant covered under an Form 5500 is submitted for a DFE, check the appropriate box employee welfare benefit plan on the earliest of: in Part I, line A, and enter the appropriate DFE code. • the date designated by the plan as the date on which the The term “plan administrator” means: individual begins participation in the plan; Instructions for Part I and Part II of Form 5500 -17- |
• the date on which the individual becomes eligible under the insurance company has made an irrevocable commitment to plan for a benefit subject only to occurrence of the contingency pay all the benefits to which the individual is entitled under the for which the benefit is provided; or plan. • the date on which the individual makes a contribution to the 3. Other retired or separated participants entitled to future plan, whether voluntary or mandatory. benefits (i.e., any individuals who are retired or separated from See 29 CFR 2510.3-3(d)(1). This includes former employment covered by the plan and who are entitled to begin employees who are receiving group health continuation receiving benefits under the plan in the future). This does not coverage benefits pursuant to Part 6 of ERISA and who are include any individual to whom an insurance company has covered by the employee welfare benefit plan. Covered made an irrevocable commitment to pay all the benefits to dependents are not counted as participants. A child who is an which the individual is entitled under the plan. “alternate recipient” entitled to health benefits under a qualified 4. Deceased individuals who had one or more beneficiaries medical child support order (QMCSO) should not be counted who are receiving or are entitled to receive benefits under the as a participant for lines 5 and 6. An individual is not a plan. This does not include any individual to whom an participant covered under an employee welfare plan on the insurance company has made an irrevocable commitment to earliest date on which the individual (a) is ineligible to receive pay all the benefits to which the beneficiaries of that individual any benefit under the plan even if the contingency for which are entitled under the plan. such benefit is provided should occur, and (b) is not Line 6g. Enter the number of participants included on line 6f designated by the plan as a participant. See 29 CFR 2510.3- (total participants at the end of the plan year) who have 3(d)(2). account balances. For example, for a Code section 401(k) plan Before counting the number of participants, especially in the number entered on line 6g should be the number of a welfare benefit plan, it is important to determine participants counted on line 6f who have made a contribution, whether the plan sponsor has established one or more plans or for whom a contribution has been made, to the plan for this for Form 5500/Form 5500-SF reporting purposes. As a matter plan year or any prior plan year. Defined benefit plans should of plan design, plan sponsors can offer benefits through leave line 6g blank. various structures and combinations. For example, a plan Line 6h. Include any individual who terminated employment sponsor could create (i) one plan providing major medical during this plan year, whether or not he or she (a) incurred a benefits, dental benefits, and vision benefits, (ii) two plans with break in service, (b) received an irrevocable commitment from one providing major medical benefits and the other providing an insurance company to pay all the benefits to which he or self-insured dental and vision benefits; or (iii) three separate she is entitled under the plan, and/or (c) received a cash plans. You must review the governing documents and actual distribution or deemed cash distribution of his or her operations to determine whether welfare benefits are being nonforfeitable accrued benefit. Multiemployer plans and provided under a single plan or separate plans. multiple-employer plans that are collectively bargained do not The fact that you have separate insurance policies for each have to complete line 6h. different welfare benefit does not necessarily mean that you Line 7. Only multiemployer plans should complete line 7. have separate plans. Some plan sponsors use a “wrap” Multiemployer plans must enter the total number of employers document to incorporate various benefits and insurance obligated to contribute to the plan. For purposes of line 7 of the policies into one comprehensive plan. In addition, whether a Form 5500, an employer obligated to contribute is defined as benefit arrangement is deemed to be a single plan may be an employer who, during the 2022 plan year, is a party to the different for purposes other than Form 5500/Form 5500-SF collective bargaining agreement(s) pursuant to which the plan reporting. For example, special rules may apply for purposes of is maintained or who may otherwise be subject to withdrawal HIPAA, COBRA, and Internal Revenue Code compliance. If liability pursuant to ERISA section 4203. Any two or more you need help determining whether you have a single welfare contributing entities (e.g., places of business with separate benefit plan for Form 5500/Form 5500-SF reporting purposes, collective bargaining agreements) that have the same nine- you should consult a qualified benefits consultant or legal digit employer identification number (EIN) must be aggregated counsel. and counted as one employer for this purpose. For pension benefit plans, “alternate payees” entitled to Line 8 - Benefits Provided Under the Plan. Do not leave benefits under a qualified domestic relations order are not to blank. In the boxes for line 8a and 8b, as appropriate, enter all be counted as participants for this line. applicable two-character plan characteristics codes that For pension benefit plans, “participant” for this line means applied during the reporting year from the List of Plan any individual who is included in one of the categories below: Characteristics Codes on pages 20 and 21 that describe the characteristics of the plan being reported. 1. Active participants (i.e., any individuals who are currently in employment covered by the plan and who are earning or Note. In the case of an eligible combined plan under Code retaining credited service under the plan). This includes any section 414(x) and ERISA section 210(e), the codes entered in individuals who are eligible to elect to have the employer make line 8a must include any codes applicable for either the defined payments under a Code section 401(k) qualified cash or benefit pension features or the defined contribution pension deferred arrangement. Active participants also include any features of the plan. nonvested individuals who are earning or retaining credited For plan sponsors of Puerto Rico plans, enter service under the plan. This does not include (a) nonvested characteristic code 3C only if: former employees who have incurred the break in service i. only Puerto Rico residents participate, period specified in the plan or (b) former employees who have ii. the trust is exempt from income tax under the laws of received a “cash-out” distribution or deemed distribution of Puerto Rico, and their entire nonforfeitable accrued benefit. iii. the plan administrator has not made the election under 2. Retired or separated participants receiving benefits (i.e., ERISA section 1022(i)(2), and, therefore, the plan is not individuals who are retired or separated from employment intended to qualify under section 401(a) of the Internal covered by the plan and who are receiving benefits under the Revenue Code (U.S). plan). This does not include any individual to whom an -18- Instructions for Part I and Part II of Form 5500 |
Line 9 - Funding and Benefit Arrangements. Check all Arrangements (MEWAs) and Certain Entities Claiming boxes that apply to indicate the funding and benefit Exception (ECEs) filing requirements, check “Yes” and arrangements used during the plan year. The ‘‘funding complete line 11, elements 11b and 11c. If the answer is “No,” arrangement’’ is the method for the receipt, holding, skip elements 11b and 11c of line 11. investment, and transmittal of plan assets prior to the time the Generally, a Form M-1 must be filed each year by March plan actually provides benefits. The ‘‘benefit arrangement’’ is 1 stfollowing the calendar year in which a plan operates subject the method by which the plan provides benefits to participants. to the Form M-1 filing requirement. (For example, a plan For purposes of line 9: MEWA that was operating in 2022 must file the 2022 Form M-1 ‘‘Insurance’’ means the plan has an account, contract, or annual report by March 1, 2023.) In addition, Form M-1 filings policy with an insurance company, insurance service, or other are necessary in the case of certain registration, origination, or similar organization (such as Blue Cross, Blue Shield, or a special events. See the instructions for Form M-1 at health maintenance organization) during the plan or DFE year. http://www.askebsa.dol.gov/mewa, and 29 CFR 2520.101-2 for (This includes investments with insurance companies such as more information regarding the Form M-1 filing requirements guaranteed investment contracts (GICs).) An annuity account for plan MEWAs and ECEs. arrangement under Code section 403(b)(1) that is required to Line 11b. All plans that answered ‘‘Yes’’ in line 11a must complete the Form 5500 should mark “insurance” for both the complete line 11b by answering either ‘‘Yes’’ or ‘‘No.’’ Do not plan funding arrangement and plan benefit arrangement. Do leave the answer blank. not check ‘‘insurance’’ if the sole function of the insurance company was to provide administrative services. Line 11c. All plans that answered ‘‘Yes’’ in line 11a must enter a Receipt Confirmation Code for the 2022 Form M–1 annual ‘‘Code section 412(e)(3) insurance contracts’’ are report that was required to be filed with the Department of 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 http://www.askebsa.dol.gov/mewa. no rights under the contract may be subject to a security interest, and no policy loans may be outstanding. If a plan is If a plan that is subject to the Form M-1 filing requirements funded exclusively by the purchase of such contracts, the was not required to file a 2022 Form M–1 annual report, enter otherwise applicable minimum funding requirements of section the Receipt Confirmation Code for the most recent Form M–1 412 of the Code and section 302 of ERISA do not apply for the that was required to be filed under the Form M–1 filing year and neither the Schedule MB nor the Schedule SB is requirements on or before the date of filing the 2022 Form required to be filed. 5500. (For example, if a plan was not required to file a 2022 Form M–1 annual report by March 1, 2023 for the 2022 ‘‘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, 2022, 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 2022 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 Instructions for Part I and Part II of Form 5500 -19- |
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. -20- 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), and 4975(e)(7) of the Code that is 4S Unfunded, fully insured, or combination unfunded/fully 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 -21- |
inclusion of a social security number or any portion thereof on this Schedule A or any of its attachments may result in the 2022 Instructions for Schedule A rejection of the filing. (Form 5500) You can apply for an EIN from the IRS online, by fax, or by Insurance Information mail depending on how soon you need to use the EIN. For more information, see Section 3: Electronic Filing Requirement under General Instructions to Form 5500. The EBSA does not General Instructions issue EINs. Who Must File Part I – Information Concerning Insurance Contract Schedule A (Form 5500) must be attached to the Form 5500 Coverage, Fees, and Commissions filed for every defined benefit pension plan, defined Line 1(c). Enter the code number assigned by the National contribution pension plan, and welfare benefit plan required to Association of Insurance Commissioners (NAIC) to the file a Form 5500 if any benefits under the plan are provided by insurance company. If none has been assigned, enter zeros an insurance company, insurance service, or other similar “0” in the spaces provided. organization (such as Blue Cross, Blue Shield, or a health maintenance organization). This includes investment contracts Line 1(d). If individual policies with the same carrier are with insurance companies such as guaranteed investment grouped as a unit for purposes of this report, and the group contracts (GICs). In addition, Schedules A must be attached to does not have one identification number, you may use the a Form 5500 filed for GIAs, MTIAs, and 103-12 IEs for each contract or identification number of one of the individual insurance or annuity contract held in the MTIA, or 103-12 IE or contracts, provided this number is used consistently to report by the GIA. these contracts as a group and the plan administrator maintains the records necessary to disclose all the individual If Form 5500 line 9a(1), 9a(2), 9b(1), or 9b(2) is contract numbers in the group upon request. Use separate checked, indicating that either the plan funding Schedules A to report individual contracts that cannot be arrangement or plan benefit arrangement includes an account, grouped as a unit. policy, or contract with an insurance company (or similar organization), at least one Schedule A would be required to be Line 1(e). Since plan coverage may fluctuate during the year, attached to the Form 5500 filed for a pension or welfare plan to the administrator should estimate the number of persons that provide information concerning the contract year ending with or were covered by the contract at the end of the policy or contract within the plan year. year. Where contracts covering individual employees are grouped, compute entries as of the end of the plan year. Do not file Schedule A for a contract that is an Administrative Services Only (ASO) contract, a fidelity bond or policy, or a Line 1(f) and (g). Enter the beginning and ending dates of the fiduciary liability insurance policy. Also, if a Schedule A for a policy year for the contract identified in 1(d). Leave 1(f) blank if contract or policy is filed as part of a Form 5500 for an MTIA or separate contracts covering individual employees are grouped. 103-12 IE that holds the contract, do not include a Schedule A Line 2. Report on line 2 the total of all insurance fees and for the contract or policy on the Form 5500s filed for the plans commissions directly or indirectly attributable to the contract or participating in the MTIA or 103-12 IE. policy placed with or retained by the plan. Check the Schedule A box on the Form 5500 (Part II, line Totals. Enter on line 2 the total of all such commissions and 10b(3)), and enter the number attached in the space provided fees paid to agents, brokers, and other persons listed on line 3. if one or more Schedules A are attached to the Form 5500. Complete a separate line 3 item (elements (a) through (e)) for each person listed. Specific Instructions For purposes of lines 2 and 3, commissions and fees Information entered on Schedule A should pertain to the include sales and base commissions and all other monetary insurance contract or policy year ending with or within the plan and non-monetary forms of compensation where the broker’s year (for reporting purposes, a year cannot exceed 12 agent’s, or other person’s eligibility for the payment or the months). amount of the payment is based, in whole or in part, on the Example. If an insurance contract year begins on July 1 and value (e.g., policy amounts, premiums) of contracts or policies ends on June 30, and the plan year begins on January 1 and (or classes thereof) placed with or retained by an ERISA plan, ends on December 31, the information on the Schedule A including, for example, persistency and profitability bonuses. attached to the 2022 Form 5500 should be for the insurance The amount (or pro rata share of the total) of such contract year ending on June 30, 2022. commissions or fees attributable to the contract or policy Exception. If the insurance company maintains records on the placed with or retained by the plan must be reported in line 2 basis of a plan year rather than a policy or contract year, the and in line 3, element (b) and/or (c), as appropriate. information entered on Schedule A may pertain to the plan Insurers must provide plan administrators with a year instead of the policy or contract year. proportionate allocation of commissions and fees attributable Include only the contracts issued to or held by the plan, to each contract. Any reasonable method of allocating GIA, MTIA, or 103-12 IE for which the Form 5500 is being filed. commissions and fees to policies or contracts is acceptable, Lines A, B, C, and D. This information must be the same as provided the method is disclosed to the plan administrator. A reported in Part II of the Form 5500 to which this Schedule A is reasonable allocation method could, in the Department of attached. Labor’s view, allocate fees and commissions to a Schedule A based on a calendar year calculation even if the plan year or Do not use a social security number in lieu of an EIN. The policy year was not a calendar year. For additional information Schedule A and its attachments are open to public inspection, on these Schedule A reporting requirements, see ERISA and the contents are public information and are subject to Advisory Opinion 2005-02A, available on the Internet at publication on the Internet. Because of privacy concerns, the www.dol.gov/ebsa. -22- Instructions for Schedule A (Form 5500) |
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 Element (a). Enter the name and address of the agents, necessary for the insurer to fulfill its contractual obligation to brokers, or other persons to whom commissions or fees were provide benefits, where there is no direct or indirect charge to paid. the plan for the administrative services other than the 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 Code Type of Organization on the value (e.g., policy amounts, premiums) of contracts or policies (or classes thereof) placed with or retained by ERISA 1 Banking, Savings & Loan Association, Credit Union, plan(s). or other similar financial institution 2 Trust Company Schedule A reporting is not required for occasional non- Insurance Agent or Broker 3 monetary gifts or meals of insubstantial value that are tax Agent or Broker other than insurance 4 deductible for federal income tax purposes by the person Third party administrator 5 providing the gift or meal and would not be taxable income to Investment Company/Mutual Fund 6 the recipient. For this exemption to be available, the gift or Investment Manager/Adviser 7 gratuity must be both occasional and insubstantial. For this Labor Union 8 exemption to apply, the gift must be valued at less than $50, Foreign entity (e.g., an agent or broker, bank, 9 the aggregate value of gifts from one source in a calendar year insurance company, etc., not operating within the must be less than $100, but gifts with a value of less than $10 jurisdictional boundaries of the United States) do not need to be counted toward the $100 annual limit. If the Other 0 $100 aggregate value limit is exceeded, then the aggregate value of all the gifts will be reportable. For this purpose, non- For plans, GIAs, MTIAs, and 103-12 IEs required to file Part monetary gifts of less than $10 also do not need to be included I of Schedule C, commissions and fees listed on the Schedule in calculating the aggregate value of all gifts required to be A are not required to be reported again on Schedule C. The reported if the $100 limit is exceeded. amount of the compensation that must be reported on Schedule A must, however, be taken into account in Gifts from multiple employees of one service provider determining whether the agent’s, broker’s, or other person’s should be treated as originating from a single source when direct or indirect compensation in relation to the plan or DFE is calculating whether the $100 threshold applies. On the other $5,000 or more and, thus, requiring the compensation not hand, in applying the threshold to an occasional gift received listed on the Schedule A to be reported on the Schedule C. from one source by multiple employees of a single service See FAQs about the Schedule C available on the EBSA provider, the amount received by each employee should be website at www.dol.gov/ebsa/faqs . separately determined in applying the $50 and $100 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, Line 4. Enter the current value of the plan’s interest at year and the insurer provides, at no cost to the attendees, end in the contract reported on line 7, e.g., deposit refreshments valued at $20 per individual, the gratuities would administration (DA), immediate participation guarantee (IPG), not be reportable on lines 2 and 3 of the Schedule A even or guaranteed investment contracts (GIC). though the total cost of the refreshments for all the employees would be $120. Exception. Contracts reported on line 7 need not be included on line 4 if (1) the Schedule A is filed for a defined benefit These thresholds are for purposes of Schedule A reporting. pension plan and the contract was entered into before March Filers are cautioned that the payment or receipt of gifts and 20, 1992, or (2) the Schedule A is filed for a defined gratuities of any amount by plan fiduciaries may violate ERISA contribution pension plan and the contract is a fully benefit- and give rise to civil liabilities and criminal penalties. responsive contract, i.e., it provides a liquidity guarantee by a financially responsible third party of principal and previously Instructions for Schedule A (Form 5500) -23- |
accrued interest for liquidations, transfers, loans, or hardship Part IV – Provision of Information withdrawals initiated by plan participants exercising their rights The insurance company, insurance service, or other similar to withdraw, borrow, or transfer funds under the terms of a organization is required under ERISA section 103(a)(2) to defined contribution plan that does not include substantial provide the plan administrator with the information needed to restrictions to participants’ access to plan funds. complete this return/report. If you do not receive this Important Reminder. Plans may treat multiple individual information in a timely manner, contact the insurance annuity contracts, including Code section 403(b)(1) annuity company, insurance service, or other similar organization. contracts, issued by the same insurance company as a single Lines 11 and 12. If information is missing on Schedule A due group contract for reporting purposes on Schedule A. to a refusal by the insurance company, insurance service, or Line 6a. The rate information called for here may be furnished other similar organization to provide information, check “Yes” by attaching the appropriate schedules of current rates filed on line 11 and enter a description of the information not with the appropriate state insurance department or by provided on line 12. If you received all the information providing a statement regarding the basis of the rates. Enter necessary to receive the Schedule A, check “No” and leave “see attached” if appropriate. line 12 blank. Lines 7a through 7f. Report contracts with unallocated funds. As noted above, the insurance company, insurance Do not include portions of these contracts maintained in service, or other similar organization is statutorily separate accounts. Show deposit fund amounts rather than required to provide you with all of the information necessary to experience credit records when both are maintained. complete the Schedule A but need not provide the information on a Schedule A itself. 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. -24- Instructions for Schedule A (Form 5500) |
Lines A, B, C, and D. This information must be the same as 2022 Instructions for Schedule C reported in Part II of the Form 5500 to which this Schedule C is attached. (Form 5500) Do not use a social security number in line D in lieu of an Service Provider Information EIN. The Schedule C and its attachments are open to public inspection, and the contents are public information subject to General Instructions publication on the Internet. Because of privacy concerns, the Who Must File inclusion of a social security number or any portion thereof on this Schedule C or any of its attachments may result in the Schedule C (Form 5500) must be attached to a Form 5500 rejection of the filing. filed for a large pension or welfare benefit plan, an MTIA, a 103-12 IE, or a GIA to report certain information concerning You can apply for an EIN from the IRS online, by fax, or by service providers. Remember to check the Schedule C box on mail depending on how soon you need to use the EIN. For the Form 5500 (Part II, line 10b(4)) if a Schedule C is attached more information, see Section 3: Electronic Filing Requirement to the Form 5500. under General Instructions to Form 5500. The EBSA does not issue EINs. Part I of the Schedule C must be completed to report persons who rendered services to or who had transactions with Do not list the PBGC or the IRS on Schedule C as service the plan (or with the DFE in the case of a Schedule C filed by a providers. DFE) during the reporting year if the person received, directly Either the cash or accrual basis may be used for the or indirectly, $5,000 or more in reportable compensation in recognition of transactions reported on the Schedule C as long connection with services rendered or their position with the as you use one method consistently. plan or DFE, except: If service provider compensation is reported on a Schedule 1. Employees of the plan whose only compensation in C filed as a part of a Form 5500 filed for a MTIA or a relation to the plan was less than $25,000 for the plan year; 103-12 IE, do not report the same compensation again on the 2. Employees of the plan sponsor or other business entity Schedule C filed for the plans that participate in the MTIA or where the plan sponsor or business entity is reported on the 103-12 IE. Schedule C as a service provider, provided the employee did not separately receive reportable direct or indirect Specific Instructions compensation in relation to the plan; Part I –Service Provider Information 3. Persons whose only compensation in relation to the plan You must enter the information required for each person who consists of insurance fees and commissions listed in a rendered services to or had transactions with the plan and Schedule A filed for the plan; and who received $5,000 or more in total direct or indirect 4. Payments made directly by the plan sponsor that are not compensation in connection with services rendered to the reimbursed by the plan. In the case of a multiemployer or plan or the person’s position with the plan during the plan multiple-employer plan, where the “plan sponsor” would be the year. joint board of trustees for the plan, payments by contributing employers, directly or through an employer association, or by Example. A plan had service providers, A, B, C, and D, participating employee organizations, should be treated the who received $12,000, $6,000, $4,500, and $430, same as payments by a plan sponsor. respectively, in direct and indirect compensation from the plan. Service providers A and B must be identified Only line 1 of Part I of the Schedule C must be completed separately by name, EIN, etc. As service providers C and D for persons who received only “eligible indirect compensation” each received less than $5,000, they do not need to be as defined below. reported on the Schedule C. Part II of the Schedule C must be completed to report For Schedule C purposes, reportable compensation service providers who fail or refuse to provide information includes money and any other thing of value (for example, necessary to complete Part I of this Schedule. gifts, awards, trips) received by a person, directly or indirectly, Part III of the Schedule C must be completed to report a from the plan (including fees charged as a percentage of termination in the appointment of an accountant or enrolled assets and deducted from investment returns) in connection actuary during the 2022 plan year. with services rendered to the plan, or the person’s position with For plans, GIAs, MTIAs, and 103-12 IEs required to file Part the plan. The term “person” for this purpose includes I of Schedule C, commissions and fees listed on the Schedule individuals, trades and businesses (whether incorporated or A are not required to be reported again on Schedule C. The unincorporated). See ERISA section 3(9). amount of the compensation that must be reported on Direct Compensation: Payments made directly by the Schedule A must, however, be taken into account in plan for services rendered to the plan or because of a person’s determining whether the service provider’s direct or indirect position with the plan are reportable as direct compensation. compensation in relation to the plan or DFE is $5,000 or more Direct payments by the plan would include, for example, direct and, thus, requiring the compensation not listed on the payments by the plan out of a plan account, charges to plan Schedule A to be reported on the Schedule C. See FAQs forfeiture accounts and fee recapture accounts, charges to a about the Schedule C available on the EBSA website at plan’s trust account before allocations are made to individual www.dol.gov/ebsa/faqs. participant accounts, and direct charges to plan participant Health and welfare plans that meet the conditions of the individual accounts. Payments made by the plan sponsor, limited exemption at 29 CFR 2520.104-44 or Technical which are not reimbursed by the plan, are not subject to Release 92-01 are not required to complete and file a Schedule C reporting requirements even if the sponsor is Schedule C. paying for services rendered to the plan. Indirect Compensation: Compensation received from sources other than directly from the plan or plan sponsor is reportable on Schedule C as indirect compensation from the Instructions for Schedule C (Form 5500) -25- |
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 as originating from a single source when calculating whether Examples of reportable indirect compensation include fees the $100 threshold applies. On the other hand, gifts received and expense reimbursement payments received by a person from one person by multiple employees of one entity can be from mutual funds, bank commingled trusts, insurance treated as separate compensation when calculating the $50 company pooled separate accounts, and other separately and $100 thresholds. For more information, see FAQs about managed accounts and pooled investment funds in which the the Schedule C, available on the EBSA website at plan invests that are charged against the fund or account and www.dol.gov/ebsa/faqs. reflected in the value of the plan’s investment (such as management fees paid by a mutual fund to its investment These thresholds are for purposes of Schedule C adviser, sub-transfer agency fees, shareholder servicing fees, reporting only. Filers are strongly cautioned that gifts and account maintenance fees, and 12b-1 distribution fees). The gratuities of any amount paid to or received by plan fiduciaries investment of plan assets and payment of premiums for may violate ERISA and give rise to civil liabilities and criminal insurance contracts, however, are not in and of themselves penalties. payments for services rendered to the plan for purposes of Fully Insured Group Health and Similarly Fully Insured Schedule C reporting and the investment and payment of Benefits: Where benefits under a plan are purchased from premiums themselves are not reportable compensation for and guaranteed by an insurance company, insurance service, purposes of Part I of the Schedule C. or other similar organization, and the contract or policy is In the case of charges against an investment fund, reported on a Schedule A, payments of reasonable monetary reportable “indirect compensation” includes, for example, the compensation by the insurer out of its general assets to fund’s investment adviser asset-based investment persons for performing administrative activities necessary for management fee from the fund, brokerage commissions and the insurer to fulfill its contractual obligation to provide benefits, fees charged in connection with purchases and sales of where there is no direct or indirect charge to the plan for the interests in the fund, fees related to purchases and sales of administrative services other than the insurance premium, interests in the fund (including 12b-1 fees), fees for providing would not be treated as indirect compensation for services services to plan investors or plan participants such as provided to the plan for Schedule C reporting purposes. This communication and other shareholder services, and fees would include compensation for services such as relating to the administration of the employee benefit plan such recordkeeping and claims processing services provided by a as recordkeeping services, Form 5500 return/report filing and third party pursuant to a contract with the insurer to provide other compliance services. Amounts charged against the fund those services, but would not include compensation provided for other ordinary operating expenses, such as attorneys’ fees, by the insurer incidental to the sale or renewal of a policy, such accountants’ fees, printers fees, are not reportable indirect as finder’s fees, insurance brokerage commissions and fees, compensation for Schedule C purposes. Also, brokerage costs or similar fees. Insurance investment contracts are not eligible associated with a broker-dealer effecting securities for this exception. transactions within the portfolio of a mutual fund or for the Bundled Service Arrangements: For Schedule C portfolio of an investment fund that holds “plan assets” for reporting purposes, a bundled service arrangement includes ERISA purposes should be treated for Schedule C purposes any service arrangements where the plan hires one company as an operating expense of the investment fund, not reportable to provide a range of services either directly from the indirect compensation paid to a plan service provider or in company, through affiliates or subcontractors, or through a connection with a transaction with the plan. combination, which are priced to the plan as a single package Other examples of reportable indirect compensation are rather than on a service-by-service basis. A bundled service finder’s fees, float revenue, brokerage commissions arrangement would also include an investment transaction in (regardless of whether the broker is granted discretion), which the plan receives a range of services either directly from research or other products or services, other than execution, the investment provider, through affiliates or subcontractors, or received from a broker-dealer or other third party in connection through a combination. with securities transactions (soft dollars), and other transaction Direct payments by the plan to the bundled service provider based fees received in connection with transactions or should be reported as direct compensation to the bundled -26- Instructions for Schedule C (Form 5500) |
service provider. Such direct payments by the plan do not (1) Eligible Indirect Compensation: The types of indirect need to be allocated among affiliates or subcontractors and do compensation that can be treated as eligible indirect not need to be reported as indirect compensation received by compensation are indirect compensation that is fees or the affiliates or subcontractors unless the amount paid to the expense reimbursement payments charged to investment affiliate or subcontractor is set on a per transaction basis, e.g., funds and reflected in the value of the investment or return on brokerage fees and commissions. investment of the participating plan or its participants, finder’s Fees charged to the plan’s investment and reflected in the fees, “soft dollar” revenue, float revenue, and/or brokerage net value of the investment, such as management fees paid by commissions or other transaction-based fees for transactions mutual funds to their investment advisers, float revenue, or services involving the plan that were not paid directly by the commissions (including “soft dollars”), finder’s fees, 12b-1 plan or plan sponsor (whether or not they are capitalized as distribution fees, account maintenance fees, and shareholder investment costs). servicing fees, must, subject to the alternative reporting option Investment funds or accounts for this purpose would for “eligible indirect compensation,” described below, be include mutual funds, bank commingled trusts, including treated as separate reportable compensation by the person common and collective trusts, insurance company pooled receiving the fee for purposes of Schedule C reporting. separate accounts, and other separately managed accounts For each person who is a fiduciary to the plan or provides and pooled investment vehicles in which the plan invests. one or more of the following services to the plan – contract Investment funds or accounts would also include separately administrator, consulting, investment advisory (plan or managed investment accounts that contain assets of individual participants), investment management, securities brokerage, plans. or recordkeeping – commissions and other transaction based (2) Required Written Disclosures: For the types of fees, finder’s fees, float revenue, soft dollar and other non- indirect compensation described above to be treated as monetary compensation, would also be required to be treated eligible indirect compensation for purposes of completing line as separate compensation for Schedule C purposes even if 1, you must have received written materials that disclosed and those fees were paid from mutual fund management fees or described (a) the existence of the indirect compensation; (b) other fees charged to the plan’s investment and reflected in the the services provided for the indirect compensation or the net value of the investment. purpose for payment of the indirect compensation; (c) the Other revenue sharing payments among members of a amount (or estimate) of the compensation or a description of bundled service arrangement do not need to be allocated the formula used to calculate or determine the compensation; among affiliates or subcontractors and treated as indirect and (d) the identity of the party or parties paying and receiving compensation received by the affiliates or subcontractors in the compensation. The written disclosures for a bundled determining whether the affiliate or subcontractor must be arrangement must separately disclose and describe each separately identified on line 2 of the Schedule C. element or indirect compensation that would be required to be separately reported if you were not relying on this alternative For more information about bundled arrangements for reporting option. reporting purposes, see FAQs about the Schedule C, available on the EBSA website at www.dol.gov/ebsa/faqs. If any person received eligible indirect compensation and either direct compensation and/or indirect Allocating Compensation Among Multiple Plans: Where compensation that does not meet the requirements of this line reportable compensation is received by a person in connection to be eligible indirect compensation, you cannot rely on the with several plans or DFEs, any reasonable method of alternative reporting option for that person and must complete allocating the compensation among the plans or DFEs may be line 2 for each such person who received $5,000 or more in used provided that the allocation method is disclosed to the direct and indirect compensation. plan administrator. In calculating the $5,000 threshold for purposes of determining whether a person must be identified in Line 2. Except for those persons and eligible indirect Part I, include the amount of compensation received by the compensation for which you answered “Yes” to line 1 above, person that is attributable to the plan or DFE filing the Form complete as many entries as needed to list each person 5500, not the aggregate amount received in connection with all receiving, directly or indirectly, $5,000 or more in total direct the plans or DFEs. and indirect compensation. Start with the most highly compensated and list in descending order of compensation. Affiliates: For purposes of Schedule C reporting, an Enter in element (a) the person’s name and complete elements “affiliate” of a person includes any person, directly or indirectly, (a) through (h) as specified below. Use as many entries as through one or more intermediaries, controlling, controlled by, necessary to list all persons and information required to be or under common control with the person applying principles reported. consistent with the regulations prescribed under section 414(c) of the Code. Element (a). Enter the EIN for the person identified in element (a). If the name of an individual is entered in element Line 1. Check “Yes” or “No” on line 1a to indicate whether you (a) and the individual does not have an EIN, enter the EIN of are relying on the alternative reporting option for a person or the individual’s employer. If the person is self-employed and persons who received only “eligible indirect compensation.” If does not have an EIN, you may enter the person’s address you check “Yes” on line 1a, provide as many entries in line 1b and telephone number. Do not use a social security number in as necessary to identify the person or persons who provided lieu of an EIN. The Schedule C and its attachments are open you with the necessary disclosures regarding the eligible to public inspection and are subject to publication on the indirect compensation. If any indirect compensation is either Internet. Because of privacy concerns, the inclusion of a social not of the type described below or if the plan did not receive security number or any portion thereof on this Schedule C or the written disclosures described below, the indirect any of its attachments may result in the rejection of the filing. compensation is not “eligible indirect compensation” for purposes of Part 1. Element (b). Select from the list below all codes that describe both the kind of services provided and the type of compensation received. Enter as many codes as apply: Instructions for Schedule C (Form 5500) -27- |
Code Service/Compensation Element (d). Enter the total amount of compensation 10 Accounting (including auditing) received directly from the plan for services rendered to the plan 11 Actuarial during the plan year. If a service provider charges the plan a 12 Claims processing fee or commission, but agrees to offset the fee or commission 13 Contract Administrator with any revenue received from a party other than the plan or 14 Plan Administrator plan sponsor, for example, as part of a commission recapture 15 Recordkeeping and information management (computing, or other offset arrangement, only the amount paid directly by tabulating, data processing, etc.) the plan after any revenue sharing offset should be entered in 16 Consulting (general) element (d). Enter in element (d), as direct payments by the 17 Consulting (pension) plan, amounts that a plan sponsor, or contributing employer or 18 Custodial (other than securities) participating employee organization in the case of a 19 Custodial (securities) multiemployer or multiple-employer plan, pays a plan third- party service provider that are reimbursed by the plan. 20 Trustee (individual) 21 Trustee (bank, trust company, or similar financial institution) Note. Do not leave element (d) blank. If no direct 22 Insurance agents and brokers compensation was received, enter “0”. 23 Insurance services Element (e). Check “Yes” if the person identified in 24 Trustee (discretionary) element (a), or any related person, received during the plan 25 Trustee (directed) year indirect compensation in connection with the person’s 26 Investment advisory (participants) position with the plan or services provided to the plan. (See 27 Investment advisory (plan) instructions above on definition of indirect compensation.) If 28 Investment management the answer is “No,” skip elements (f) through (h) for the person 29 Legal identified in element (a). 30 Employee (plan) Element (f). Check “Yes” if any of the indirect 31 Named fiduciary compensation was eligible indirect compensation for which the 32 Real estate brokerage plan received the necessary disclosures. See instructions for 33 Securities brokerage line 1 for definition of eligible indirect compensation. Check 34 Valuation (appraisals, etc.) “No” if none of the indirect compensation was eligible indirect 35 Employee (plan sponsor) compensation. 36 Copying and duplicating Element (g). Enter the total of all indirect compensation 37 Participant loan processing that is not eligible indirect compensation for which the plan 38 Participant communication received the necessary disclosure. Do not leave blank. If none, 40 Foreign entity (e.g., an agent or broker, bank, insurance enter “0”. company, etc. not operating within jurisdictional boundaries of Element (h). Check “Yes” if the service provider, instead of the United States) an amount or an estimated amount, gave the plan a formula or 49 Other services other description of the method used to determine some or all 50 Direct payment from the plan of the indirect compensation received. 51 Investment management fees paid directly by plan 52 Investment management fees paid indirectly by plan Line 3. For each person identified in line 2 who is a fiduciary to 53 Insurance brokerage commissions and fees the plan or provides one or more of the following services to 54 Sales loads (front end and deferred) the plan – contract administrator, consulting custodial, 55 Other commissions investment advisory (plan or participants), investment 56 Non-monetary compensation management, broker, or recordkeeping – enter the requested 57 Redemption fees information for each source from whom the person received 58 Product termination fees (surrender charges, etc.) indirect compensation if (1) the amount of the compensation was $1,000 or more, or (2) the plan was given a formula or 59 Shareholder servicing fees other description of the method used to determine the indirect 60 Sub-transfer agency fees compensation rather than an amount or estimated amount of 61 Finders’ fees/placement fees the indirect compensation. 62 Float revenue 63 Distribution (12b-1) fees Part II –Service Providers Who Fail or Refuse To 64 Recordkeeping fees Provide Information 65 Account maintenance fees Line 4. Provide the requested information for each plan 66 Insurance mortality and expense charge fiduciary or service provider who you believe failed or refused 67 Other insurance wrap fees to provide any of the information necessary to complete Part I 68 “’Soft dollars’ commissions” of this schedule. 70 Consulting fees Important Reminder. Before identifying a fiduciary or service 71 Securities brokerage commissions and fees provider as a person who failed or refused to provide 72 Other investment fees and expenses information, you should contact the fiduciary or service 73 Other insurance fees and expenses provider to request the necessary information and tell them 99 Other fees that you will list them on the Schedule C as a fiduciary or Element (c). Enter any relationship of the person service provider who failed or refused to provide information if identified in element (a) to the plan sponsor, to the participating they do not provide the necessary information. employer or employee organization, or to any person known to be a party-in-interest, for example, employee of employer, vice-president of employer, union officer, affiliate of plan recordkeeper, etc. -28- Instructions for Schedule C (Form 5500) |
Part III – Termination Information on Accountants material disputes or matters of disagreement concerning the and Enrolled Actuaries termination, even if resolved prior to the termination. If an individual is listed, and the individual does not have an EIN, Complete Part III if there was a termination in the appointment the EIN to be entered should be the EIN of the individual’s of an accountant or enrolled actuary during the 2022 plan year. employer. This information must be provided on the Form 5500 for the plan year during which the termination occurred. For example, Do not use a social security number in lieu of an EIN. The if an accountant was terminated in the 2022 plan year after Schedule C and its attachments are open to public inspection, completing work on an audit for the 2021 plan year, the and the contents are public information and are subject to termination should be reported on the Schedule C filed with the publication on the Internet. Because of privacy concerns, the 2022 plan year Form 5500. If the accountant is a firm (such as inclusion of a social security number or any portion thereof on a corporation, partnership, etc.), report when the service this Schedule C or any of its attachments may result in the provider (not an individual within the firm) was terminated. An rejection of the filing. enrolled actuary is by definition an individual and not a firm, The plan administrator must also provide the terminated and you must report when the individual is terminated. accountant or enrolled actuary with a copy of the explanation Provide an explanation of the reasons for the termination of for the termination provided in Part III of the Schedule C, along an accountant or enrolled actuary. Include a description of any with a completed copy of the notice below. 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 2022 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) -29- |
Element (c). Enter the nine-digit employer identification 2022 Instructions for Schedule D number (EIN) and three-digit plan/entity number (PN) for each MTIA, CCT, PSA, or 103-12 IE named in element (a) . This (Form 5500) must be the same DFE EIN/PN as reported on lines 2b and 1b DFE /Participating Plan Information of the Form 5500 filed for the DFE. If a Form 5500 was not filed for a CCT or PSA named in element (a), enter the EIN for the CCT or PSA and enter 000 for the PN. Do not use a social General Instructions security number or any portion thereof in lieu of an EIN. The Purpose of Schedule Schedule D and its attachments are open to public inspection, and the contents are public information and are subject to When the Form 5500 is filed for a plan or Direct Filing Entity publication on the Internet. Because of privacy concerns, the (DFE) that invested or participated in any master trust inclusion of a social security number or any portion thereof on investment accounts (MTIAs), 103-12 Investment Entities this Schedule D or any of its attachments may result in the (103-12 IEs), common/collective trusts (CCTs), and/or pooled rejection of the filing. separate accounts (PSAs), Part I provides information about these entities. When the Form 5500 is filed for a DFE, Part II Element (d). Enter an M, C, P, or E, as appropriate, (see table provides information about plans participating in the DFE. below) to identify the type of entity (MTIA, CCT, PSA, or Who Must File 103-12 IE). Employee Benefit Plans: Schedule D (Form 5500) must be attached to a Form 5500 filed for an employee benefit plan that Type of entity Enter in (d) participated or invested in one or more CCTs, PSAs, MTIAs, or 103-12 IEs at anytime during the plan year. MTIA M Direct Filing Entities: Schedule D (Form 5500) must be attached to a Form 5500 filed for a CCT, PSA, MTIA, CCT C 103-12 IE, or Group Insurance Arrangement (GIA), as a Direct PSA P Filing Entity (i.e., when a “DFE” is checked on Part I, line A, of the Form 5500). For more information, see instructions for 103-12 IE E Direct Filing Entity (DFE) Filing Requirements. 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” Part I – Information on Interests in MTIAs, CCTs, is entered in element (d); and the dollar value of the plan’s 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 Complete as many repeating entries as necessary to enter the (To Be Completed Only by DFEs) 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 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 Complete a separate item (elements (a) through (c)) for each MTIA, CCT, PSA, or 103-12 IE. each plan. Element (a). Enter the name of the MTIA, CCT, PSA, or Element (a). Enter the name of each plan that invested or 103-12 IE in which the plan or DFE filing the Form 5500 participated in the DFE at any time during the DFE year. GIAs participated at any time during the plan or DFE year. need not complete element (a). Element (b). Enter the name of the sponsor of the MTIA, CCT, Element (b). Enter the name of the sponsor of each and every PSA, or 103-12 IE named in element (a). plan investing or participating in the DFE. -30- Instructions for Schedule D (Form 5500) |
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) -31- |
loan is in default when the borrower is unable to pay the 2022 Instructions for Schedule G obligation upon maturity. Obligations that require periodic repayment can default at any time. Generally loans and fixed (Form 5500) income obligations are considered uncollectible when payment Financial Transaction Schedules has not been made and there is little probability that payment will be made. A fixed income obligation has a fixed maturity date at a specified interest rate. General Instructions Do not report in Part I participant loans under an individual Who Must File account plan with investment experience segregated for each Schedule G (Form 5500) must be attached to a Form 5500 account, that are made in accordance with 29 CFR 2550.408b- filed for a large plan, MTIA, 103-12 IE, or GIA to report loans or 1, and that are secured solely by a portion of the participant’s fixed income obligations in default or determined to be vested accrued benefit. Report all other participant loans in uncollectible as of the end of the plan year, leases in default or default or classified as uncollectible on Part I, and list each classified as uncollectible, and nonexempt transactions. such loan individually. Check the Schedule G box on the Form 5500 (Part II, line Part II – Leases in Default or Classified as 10b(6)) if a Schedule G is attached to the Form 5500. Uncollectible Complete as many entries as necessary to report the required List any leases in default or classified as uncollectible. A lease information. is an agreement conveying the right to use property, plant, or The Schedule G consists of three parts. Part I of the equipment for a stated period. A lease is in default when the Schedule G reports any loans or fixed income obligations in required payment(s) has not been made. An uncollectible default or determined to be uncollectible as of the end of the lease is one where the required payments have not been plan year. Part II of the Schedule G reports any leases in made and for which there is little probability that payment will default or classified as uncollectible. Part III of the Schedule G be made. Provide, on a separate attachment, an explanation of reports nonexempt transactions. what steps have been taken or will be taken to collect overdue Specific Instructions amounts for each lease listed and label the attachment “Schedule G, Part II – Overdue Lease Explanation.” Lines A, B, C, and D. This information must be the same as reported in Part II of the Form 5500 to which this Schedule G is Part III – Nonexempt Transactions attached. All nonexempt party-in-interest transactions must be reported, Do not use a social security number in line D in lieu of an regardless of whether disclosed in the accountant’s report, EIN. The Schedule G and its attachments are open to public unless the nonexempt transaction is: inspection, and the contents are public information and are 1. Statutorily exempt under Part 4 of Title I of ERISA; subject to publication on the internet. Because of privacy 2. Administratively exempt under ERISA section 408(a); concerns, the inclusion of a social security number or any 3. Exempt under Code sections 4975(c) or 4975(d); portion thereof on this Schedule G or any of its attachments 4. The holding of participant contributions in the employer’s may result in the rejection of the filing. general assets for a welfare plan that meets the conditions of You can apply for an EIN from the IRS online, by fax, or by ERISA Technical Release 92-01; mail depending on how soon you need to use the EIN. For 5. A transaction of a 103-12 IE with parties other than more information, see Section 3: Electronic Filing Requirement the plan; or under General Instructions to Form 5500. The EBSA does not 6. A delinquent participant contribution or a delinquent issue EINs. participant loan repayment reported on Schedule H, line 4a. Part I – Loans or Fixed Income Obligations in Default Nonexempt transactions with a party-in-interest include or Classified as Uncollectible any direct or indirect: List all loans or fixed income obligations in default or A. Sale or exchange, or lease, of any property between the determined to be uncollectible as of the end of the plan year or plan and a party-in-interest. the fiscal year of the GIA, MTIA, or 103-12 IE. Include: B. Lending of money or other extension of credit between • Obligations where the required payments have not been the plan and a party-in-interest. made by the due date; C. Furnishing of goods, services, or facilities between the plan and a party-in-interest. • Fixed income obligations that have matured, but have not Transfer to, or use by or for the benefit of, a party-in- been paid, for which it has been determined that payment will D. interest, of any income or assets of the plan. not be made; and E. Acquisition, on behalf of the plan, of any employer • Loans that were in default even if renegotiated later during security or employer real property in violation of ERISA the year. section 407(a). Note. Identify in element (a) each obligor known to be a party- F. Dealing with the assets of the plan for a fiduciary’s own in-interest to the plan. interest or own account Provide, on a separate attachment, an explanation of what G. Acting in a fiduciary’s individual or any other capacity in steps have been taken or will be taken to collect overdue any transaction involving the plan on behalf of a party (or amounts for each loan listed and label the attachment represent a party) whose interests are adverse to the “Schedule G, Part I – Overdue Loan Explanation.” interests of the plan or the interests of its participants or The due date, payment amount, and conditions for beneficiaries. determining default in the case of a note or loan are usually H. A receipt of any consideration for his or her own personal contained in the documents establishing the note or loan. A account by a party-in-interest who is a fiduciary from any -32- Instructions for Schedule G (Form 5500) |
party dealing with the plan in connection with a transaction participants exempt under 29 CFR 2520.104-44 from involving the income or assets of the plan. completing Schedule H must still complete Schedule G, Part For purposes of this form, party-in-interest is deemed to III, to report nonexempt transactions. include a disqualified person. See Code section 4975(e)(2). A plan that is required to file a Form M-1, Report for Multiple- The term ‘‘party-in-interest’’ means, as to an employee Employer Welfare Arrangements (MEWAs) and Certain benefit plan: Entities Claiming Exception (ECEs), but that is not required to A. Any fiduciary (including, but not limited to, any file the Schedule I because it has fewer than 100 participants administrator, officer, trustee or custodian), counsel, or and meets the requirements of 29 CFR 2520.104-44, also employee of the plan; must complete Schedule G, Part III, to report nonexempt B. A person providing services to the plan; transactions. C. An employer, any of whose employees are covered by If you are unsure whether a transaction is exempt or not, you the plan; should consult with either the plan’s independent qualified D. An employee organization, any of whose members are public accountant or legal counsel or both. covered by the plan; E. An owner, direct or indirect, of 50% or more of: (1) the You may indicate that an application for an administrative combined voting power of all classes of stock entitled to vote exemption is pending. or the total value of shares of all classes of stock of a If the plan is a qualified pension plan and a nonexempt corporation, (2) the capital interest or the profits interest of a prohibited transaction occurred with respect to a disqualified partnership, or (3) the beneficial interest of a trust or person, an IRS Form 5330, Return of Excise Taxes Related to unincorporated enterprise that is an employer or an Employee Benefit Plans, is required to be filed with the IRS to employee organization described in C or D; pay the excise tax on the transaction. F. A relative of any individual described in A, B, C, or E; The DOL Voluntary Fiduciary Correction Program (VFCP) G. A corporation, partnership, or trust or estate of which (or describes how to apply, the specific transactions in which) 50% or more of: (1) the combined voting power of covered (which transactions include delinquent all classes of stock entitled to vote or the total value of participation contributions to pension and welfare plans), and shares of all classes of stock of such corporation, (2) the acceptable methods for correcting violations. In addition, capital interest or profits interest of such partnership, or (3) applicants that satisfy both the VFCP requirements and the the beneficial interest of such trust or estate is owned conditions of Prohibited Transaction Exemption (PTE) 2002-51 directly or indirectly, or held by, persons described in A, B, are eligible for immediate relief from payment of certain C, D, or E; prohibited excise taxes for certain corrected transactions and H. An employee, officer, director (or individual having are also relieved from the obligation to file the Form 5330 with powers or responsibilities similar to those of officers or the IRS. For more information, see 71 Fed. Reg. 20261 (Apr. directors), or a 10% or more shareholder, directly or 19, 2006) and 71 Fed. Reg. 20135 (Apr. 19, 2006). If indirectly, of a person described in B, C, D, E, or G, or of the conditions of PTE 2002-51 are satisfied, corrected transactions employee benefit plan; or should be treated as exempt under Code section 4975(c) for I. A 10% or more (directly or indirectly in capital or profits) the purposes of answering Schedule G, Part III. Information partner or joint venture of a person described in B, C, D, E, about the VFCP is also available on the internet at or G. www.dol.gov/ebsa. An unfunded, fully insured, or combination unfunded/insured welfare plan with 100 or more Instructions for Schedule G (Form 5500) -33- |
income of the CCT or PSA in determining their net investment 2022 Instructions for Schedule H gain (loss). Instead, enter the CCT or PSA net gain (loss) on line 2b(6) or (7) in accordance with the instructions for these (Form 5500) lines. Financial Information If assets of one plan are maintained in two or more trust funds, report the combined financial information in Parts I and II. General Instructions Current value means fair market value where available. Who Must File Otherwise, it means the fair value as determined in good faith Schedule H (Form 5500) must be attached to a Form 5500 filed under the terms of the plan by a trustee or a named fiduciary, for a pension benefit plan or a welfare benefit plan that covered assuming an orderly liquidation at time of the determination. 100 or more participants as of the beginning of the plan year See ERISA section 3(26). and a Form 5500 filed for an MTIA, CCT, PSA, 103-12 IE, or Note. For the 2022 plan year, plans that provide participant- GIA. See the instructions to the Form 5500 in Section 4: Direct directed brokerage accounts as an investment alternative (and Filing Entity (DFE) Filing Requirements. have entered pension feature code ‘‘2R’’ on line 8a of the Form Exceptions: (1) Fully insured, unfunded, or a combination of 5500) may report investments in assets made through unfunded/insured welfare plans and fully insured pension plans participant-directed brokerage accounts either: that meet the requirements of 29 CFR 2520.104-44 are exempt 1. As individual investments on the applicable asset and from completing the Schedule H. (2) If a Schedule I was filed for liability categories in Part I and the income and expense the plan for the 2021 plan year or a Form 5500-SF and the plan categories in Part II, or covered fewer than 121 participants as of the beginning of the 2. By including on line 1c(15) the total aggregate value of the 2022 plan year, the Schedule I may be completed instead of a assets and on line 2c the total aggregate investment income Schedule H. See What To File. If eligible, such a plan may file (loss) before expenses, provided the assets are not loans, the Form 5500-SF instead of the Form 5500 and its schedules, partnership or joint-venture interests, real property, employer including the Schedule I. See Instructions for Form 5500-SF. (3) securities, or investments that could result in a loss in excess of Plans that file a Form 5500-SF for the 2022 plan year are not the account balance of the participant or beneficiary who required to file a Schedule H for that year. directed the transaction. Expenses charged to the accounts Check the Schedule H box on the Form 5500 (Part II, line must be reported on the applicable expense line items. 10b(1)) if a Schedule H is attached to the Form 5500. Do not Participant-directed brokerage account assets reported in the attach both a Schedule H and a Schedule I to the same Form aggregate on line 1c(15) should be treated as one asset held for 5500. investment for purposes of the line 4i schedules, except that investments in tangible personal property must continue to be Specific Instructions reported as separate assets on the line 4i schedules. Lines A, B, C, and D. This information must be the same as In the event that investments made through a reported in Part II of the Form 5500 to which this Schedule H is participant-directed brokerage account are loans, partnership or attached. joint venture interests, real property, employer securities, or Do not use a social security number in line D in lieu of an investments that could result in a loss in excess of the account EIN. The Schedule H and its attachments are open to public balance of the participant or beneficiary who directed the inspection, and the contents are public information and are transaction, such assets must be broken out and treated as subject to publication on the Internet. Because of privacy separate assets on the applicable asset and liability categories concerns, the inclusion of a social security number or any in Part I, income and expense categories in Part II, and on the portion thereof on this Schedule H or any of its attachments may line 4i schedules. The remaining assets in the participant- result in the rejection of the filing. directed brokerage account may be reported in the aggregate You can apply for an EIN from the IRS online, by fax, or by as set forth in paragraph 2 above. mail depending on how soon you need to use the Columns (a) and (b). Enter the current value on each line as of EIN. For more information, see Section 3: Electronic Filing the beginning and end of the plan year. Requirement under General Instructions to Form 5500. The Note. Amounts reported in column (a) must be the same as EBSA does not issue EINs. reported for the end of the plan year for corresponding line Part I – Asset and Liability Statement items of the return/report for the preceding plan year. Do not include contributions designated for the 2022 plan year in Note. The cash, modified cash, or accrual basis may be used column (a). for recognition of transactions in Parts I and II, as long as you use one method consistently. Round off all amounts reported Line 1a. Total noninterest bearing cash includes, among other on the Schedule H to the nearest dollar. Any other amounts are things, cash on hand or cash in a noninterest bearing checking subject to rejection. Check all subtotals and totals carefully. account. If the assets of two or more plans are maintained in a fund or Line 1b(1). Noncash basis filers must include contributions due account that is not a DFE, a registered investment company, or the plan by the employer but not yet paid. Do not include other the general account of an insurance company under an amounts due from the employer such as the reimbursement of unallocated contract (see the instructions for lines 1c(9) through an expense or the repayment of a loan. 1c(14)), complete Parts I and II of the Schedule H by entering Line 1b(2). Noncash basis filers must include contributions the plan’s allocable part of each line item. withheld by the employer from participants and amounts due Exception. When completing Part II of the Schedule H for a directly from participants that have not yet been received by the plan or DFE that participates in a CCT or PSA for which a Form plan. Do not include the repayment of participant loans. 5500 has not been filed, do not allocate the income of the CCT Line 1b(3). Noncash basis filers must include amounts due to or PSA and expenses that were subtracted from the gross the plan that are not includable in lines 1b(1) or 1b(2). These -34- Instructions for Schedule H (Form 5500) |
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 Line 1c(6). Include the current value of both income and non- (CCTs) and pooled separate accounts (PSAs) for which a income producing real property owned by the plan. Do not DFE Form 5500 has not been filed may not be included on lines include the value of property that is employer real property or 1c(9) or 1c(10). The plan’s or DFE’s interest in the underlying property used in plan operations that must be reported on lines assets of such CCTs and PSAs must be allocated and reported 1d and 1e, respectively. in the appropriate categories on a line-by-line basis on Part I of Line 1c(7). Enter the current value of all loans made by the 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. Instructions for Schedule H (Form 5500) -35- |
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 2022 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, -36- Instructions for Schedule H (Form 5500) |
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)). Line 2i(1). Include the total fees paid (or in the case of accrual basis plans, costs incurred during the plan year but not paid as Line 2e(2). Include payments to insurance companies and of the end of the plan year) by the plan for outside accounting, similar organizations such as Blue Cross, Blue Shield, and actuarial, legal, and valuation/appraisal services. Include fees health maintenance organizations for the provision of plan for the annual audit of the plan by an independent qualified benefits (e.g., paid-up annuities, accident insurance, health public accountant (IQPA); for payroll audits; for insurance, vision care, dental coverage, stop-loss insurance accounting/bookkeeping services; for actuarial services whose claims are paid to the plan (or which is otherwise an rendered to the plan; and to a lawyer for rendering legal asset of the plan)), etc. opinions, litigation, and advice (but not for providing legal Line 2e(3). Include all payments made to other organizations services as a benefit to plan participants). Report here fees and or individuals providing benefits. Generally, these are individual expenses for corporate trustees and individual plan trustees, providers of welfare benefits such as legal services, day care including reimbursement of expenses associated with trustees, services, training, and apprenticeship services. such as lost time, seminars, travel, meetings, etc. Include the Line 2f. Include on this line all distributions paid during the fee(s) for valuations or appraisals to determine the cost, quality, plan year of excess deferrals under Code section or value of an item such as real property, personal property 402(g)(2)(A)(ii), excess contributions under Code section (gemstones, coins, etc.), and for valuations of closely held 401(k)(8), and excess aggregate contributions under Code securities for which there is no ready market. Do not include section 401(m)(6). Include allocable income distributed. Also amounts paid to plan employees to perform bookkeeping/ include on this line any elective deferrals and employee accounting functions that should be included in line 2i(4). contributions distributed or returned to employees during the Line 2i(2). Enter the total fees paid (or in the case of accrual plan year, as well as any attributable income that was also basis plans, costs incurred during the plan year but not paid as distributed. of the end of the plan year) to a contract administrator for Line 2g. Report on line 2g a participant loan that has been performing administrative services for the plan. For purposes of deemed distributed during the plan year under the provisions of the return/report, a contract administrator is any individual, Code section 72(p) and Treasury Regulations section 1.72(p)-1 partnership, or corporation, responsible for managing the only if both of the following circumstances apply: clerical operations (e.g., handling membership rosters, claims 1. Under the plan, the participant loan is treated as a payments, maintaining books and records) of the plan on a directed investment solely of the participant’s individual account; contractual basis. Do not include salaried staff or employees of and the plan or banks or insurance carriers. 2. As of the end of the plan year, the participant is not Line 2i(3). Enter the total fees paid (or in the case of accrual continuing repayment under the loan. basis plans, costs incurred during the plan year but not paid as If either of these circumstances does not apply, a deemed of the end of the plan year) to an individual, partnership or distribution of a participant loan should not be reported on line corporation (or other person) for advice to the plan relating to its 2g. Instead, the current value of the participant loan (including investment portfolio. These may include fees paid to manage interest accruing thereon after the deemed distribution) must be the plan’s investments, fees for specific advice on a particular included on line 1c(8), column (b) (participant loans – end of investment, and fees for the evaluation for the plan’s investment year), without regard to the occurrence of a deemed distribution. performance. Note. The amount to be reported on line 2g of Schedule H or Line 2i(4). Other expenses are those that cannot be included in Schedule I must be reduced if, during the plan year, a 2i(1) through 2i(3). These may include plan expenditures such participant resumes repayment under a participant loan reported as salaries and other compensation and allowances (e.g., as a deemed distribution on line 2g for any earlier year. The payment of premiums to provide health insurance benefits to amount of the required reduction is the amount of the participant plan employees), expenses for office supplies and equipment, loan reported as a deemed distribution on line 2g for the earlier cars, telephone, postage, rent, expenses associated with the year. If entering a negative number, enter a minus sign “ – ” to ownership of a building used in the operation of the plan, and all the left of the number. The current value of the participant loan Instructions for Schedule H (Form 5500) -37- |
miscellaneous expenses. Include premium payments to the contained on line 4a is not presented in accordance with PBGC when paid from plan assets. regulatory requirements, i.e., when the IQPA concludes that the Line 2l. Include in these reconciliation figures the value of all scheduled information required by line 4a does not contain all transfers of assets or liabilities into or out of the plan resulting the required information or contains information that is from, among other things, mergers and consolidations. A inaccurate or is inconsistent with the plan’s financial statements, transfer of assets or liabilities occurs when there is a reduction the IQPA report must make the appropriate disclosures in of assets or liabilities with respect to one plan and the receipt of accordance with generally accepted auditing standards. these assets or the assumption of these liabilities by another Delinquent participant contributions that are exempt because plan. A transfer is not a shifting of one plan’s assets or liabilities they satisfy the DOL’s Voluntary Fiduciary Correction Program from one investment to another. A transfer is not a distribution of (VFCP) requirements and the conditions of prohibited all or part of an individual participant’s account balance that is transaction exemption (PTE) 2002-51 do not need to be treated reportable on IRS Form 1099-R, Distributions From Pensions, as part of the schedule of nonexempt party-in-interest Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance transactions. Contracts, etc., (see the instructions for line 2e). Transfers out If the required IQPA’s report is not attached to the Form at the end of the year should be reported as occurring during 5500, the filing is subject to rejection as incomplete and the plan year. penalties may be assessed. Note. If this Schedule H is filed for a CCT, PSA, MTIA, or Lines 3a(1) through 3a(4). These boxes identify the type of 103-12 IE, report the value of all asset transfers to the CCT, opinion offered by the IQPA. PSA, MTIA, or 103-12 IE, including those resulting from The Plan Administrator should confirm with their IQPA contributions to participating plans on line 2l(1), and report the whether the opinion was an unmodified, qualified, total value of all assets transferred out of the CCT, PSA, MTIA, disclaimer of, or adverse opinion before answering Line 3a. or 103-12 IE, including assets withdrawn for disbursement as benefit payments by participating plans, on line 2l(2). Line 3a(1). Check if an unmodified opinion was issued Contributions and benefit payments are considered to be made pursuant to SAS 136. Generally, an unmodified opinion is to/by the plan (not to/by a CCT, PSA, MTIA, or 103-12 IE). issued when the IQPA concludes that the plan’s financial statements are presented fairly, in all material respects, in Part III – Accountant’s Opinion accordance with the applicable financial reporting framework Line 3. The administrator of an employee benefit plan who files (generally accepted accounting principles (GAAP) or another a Schedule H generally must engage an Independent Qualified basis such as modified cash or cash basis). This also includes Public Accountant (IQPA) pursuant to ERISA section the form of opinion that SAS 136 permits an IQPA to issue when 103(a)(3)(A) and 29 CFR 2520.103-1(b). This requirement also the IQPA has performed an ERISA section 103(a)(3)(C) audit applies to a Form 5500 filed for a 103-12 IE and for a GIA (see pursuant to 29 CFR 2520.103-8 or 29 CFR 2520.103-12, or 29 CFR 2520.103-12 and 29 CFR 2520.103-2). The IQPA’s both, and had no modifications. report must be attached to the Form 5500 when a Schedule H is Under 29 CFR 2520.103-8, the examination and report of an attached unless line 3d(1) or 3d(2) on the Schedule H is IQPA does not need to extend to statements or information checked. regarding assets held by a bank, similar institution, or insurance Notes. (1) The Auditing Standards Board’s Statement on carrier that is regulated and supervised and subject to periodic Auditing Standards (SAS) 136, Forming an Opinion and examination by a state or federal agency provided that the Reporting on Financial Statements of Employee Benefit Plans statements or information are prepared by and certified to by the Subject to ERISA, addresses the IQPA’s responsibility to form bank or similar institution or the insurance carrier. The term an opinion on the financial statements of employee benefit plans ‘‘similar institution’’ as used here does not extend to securities subject to ERISA. SAS 136 also addresses the form and brokerage firms (see DOL Advisory Opinion 93-21A). Under 29 content of the auditor’s report issued as a result of an audit of CFR 2520.103-12, an audit of an employee benefit plan does an ERISA plan’s financial statements. The SAS applies to audits not need extend to the investments in a pooled investment fund of single employer, multiple-employer, and multiemployer plans that files a separate audited Form 5500 as a 103-12 IE. For subject to ERISA. An IQPA Report generally consists of an more information on filing requirements for 103-12 IEs, See Accountant’s Opinion, the plan or DFE Financial Statements, Section 4: What to File. Neither of these regulations exempt Notes to the Financial Statements, and Supplemental the plan administrator from engaging an IQPA nor from Schedules. attaching the IQPA’s report to the Form 5500. 29 CFR 2520.103-1(b) requires that any separate financial Line 3a(2). Check if a qualified opinion was issued. Generally, statements prepared in order for the IQPA to form the opinion a qualified opinion is issued by an IQPA when (a) the IQPA, and notes to these financial statements must be attached to the having obtained sufficient appropriate audit evidence, concludes Form 5500. Any separate statements must include the that misstatements, individually or in the aggregate, are material information required to be disclosed in Parts I and II of the but not pervasive to the financial statements or (b) the IQPA is Schedule H; however, they may be aggregated into categories unable to obtain sufficient appropriate audit evidence on which in a manner other than that used on the Schedule H. The to base the opinion, but the auditor concludes that the possible separate statements must consist of reproductions of Parts I effects on the financial statements of undetected misstatements, and II or statements incorporating by reference Parts I and II. if any, could be material but not pervasive. See ERISA section 103(a)(3)(A), and the DOL regulations 29 Line 3a(3). Check if a disclaimer of opinion was issued. A CFR 2520.103-1(a)(2) and (b), 2520.103-2, and 2520.104-50. disclaimer of opinion is issued when the IQPA is unable to (2) Delinquent participant contributions reported on line 4a obtain sufficient appropriate audit evidence on which to base the should be treated as part of the separate schedules referenced opinion, and the IQPA concludes that the possible effects on the in ERISA section 103(a)(3)(A) and 29 CFR 2520.103-1(b) and financial statements of undetected misstatements, if any, could 2520.103-2(b) for purposes of preparing the IQPA’s opinion be both material and pervasive. described on line 3 even though they are no longer required to Line 3a(4). Check if the plan received an adverse accountant’s be listed on Part III of the Schedule G. If the information opinion. Generally, an adverse opinion is issued by an IQPA -38- Instructions for Schedule H (Form 5500) |
when the IQPA having obtained sufficient appropriate audit Line 4a. Amounts paid by a participant or beneficiary to an evidence, concludes that misstatements, individually or in the employer and/or withheld by an employer for contribution to the aggregate, are both material and pervasive to the financial plan are participant contributions that become plan assets as of statements. the earliest date on which such contributions can reasonably be Line 3b. Check “DOL Regulation 2520.103-8” or “DOL segregated from the employer’s general assets (see 29 CFR Regulation 2520.103-12(d)” (or both boxes, if applicable) if the 2510.3-102). Plans that check “Yes” must enter the aggregate IQPA performed an ERISA Section 103(a)(3)(C) audit of the amount of all late contributions for the year. The total amount of plan’s financial statements pursuant to DOL regulations 29 CFR the delinquent contributions should be included on line 4a of the 2520.103-8, 29 CFR 2520.103-12(d), or under both. If it was not Schedule H or I, as applicable, for the year in which the performed pursuant to 29 CFR 2520.103-8 or 29 CFR 2520 contributions were delinquent and should be carried over and 103-12(d), check box (3). reported again on line 4a of the Schedule H or I, as applicable, for each subsequent year until the year after the violation has Note. These regulations do not exempt the plan administrator been fully corrected, which correction includes payment of the from engaging an IQPA or from attaching the IQPA’s report to late contributions and reimbursement of the plan for lost the Form 5500. If you check box 103-8 or 103-12(d) or both, you earnings or profits. If no participant contributions were received must also check the appropriate box on line 3a to identify the or withheld by the employer during the plan year, answer “No.” type of opinion offered by the IQPA. An employer holding these assets after that date commingled Line 3c. Enter the name and EIN of the accountant (or with its general assets will have engaged in a prohibited use of accounting firm) in the space provided on line 3c. Do not use a plan assets (see ERISA section 406). If such a nonexempt social security number or any portion thereof in lieu of an EIN. prohibited transaction occurred with respect to a disqualified The Schedule H is open to public inspection, and the contents person (see Code section 4975(e)(2)), file IRS Form 5330, are public information and are subject to publication on the Return of Excise Taxes Related to Employee Benefit Plans, with Internet. Because of privacy concerns, the inclusion of a social the IRS to pay any applicable excise tax on the transaction. security number or any portion thereof on this Schedule H may result in the rejection of the filing. Participant loan repayments paid to and/or withheld by an employer for purposes of transmittal to the plan that were not Line 3d(1). Check this box only if the Schedule H is being filed transmitted to the plan in a timely fashion must be reported for a CCT, PSA, or MTIA. either on line 4a in accordance with the reporting requirements Line 3d(2). Check this box if the plan has elected to defer that apply to delinquent participant contributions or on line 4d. attaching the IQPA’s opinion for the first of two (2) consecutive See Advisory Opinion 2002-02A, available at plan years, one of which is a short plan year of seven (7) www.dol.gov/ebsa. months or fewer. The Form 5500 for the first of the two (2) years must be complete and accurate, with all required attachments, Delinquent participant contributions reported on line 4a except for the IQPA’s report, including an attachment explaining should be treated as part of the separate schedules why one of the two (2) plan years is of seven (7) or fewer referenced in ERISA section 103(a)(3)(A) and 29 CFR months duration and stating that the annual report for the 2520.103-1(b) and 2520.103-2(b) for purposes of preparing the immediately following plan year will include a report of an IQPA IQPA’s opinion described on line 3 even though they are no with respect to the financial statements and accompanying longer required to be listed on Part III of the Schedule G. If the schedules for both of the two (2) plan years. The Form 5500 for information contained on line 4a is not presented in accordance the second year must include: (a) financial schedules and with regulatory requirements, i.e., when the IQPA concludes statements for both plan years; (b) a report of an IQPA with that the scheduled information required by line 4a does not respect to the financial schedules and statements for each of contain all the required information or contains information that the two (2) plan years (regardless of the number of participants is inaccurate or is inconsistent with the plan’s financial covered at the beginning of each plan year); and (c) a statement statements, the IQPA report must make the appropriate identifying any material differences between the unaudited disclosures in accordance with generally accepted auditing financial information submitted with the first Form 5500 and the standards. For more information, see EBSA’s Frequently Asked audited financial information submitted with the second Form Questions About Reporting Delinquent Contributions on the 5500. See 29 CFR 2520.104-50. Form 5500, available on the Internet at www.dol.gov/ebsa. These Frequently Asked Questions clarify that plans have an Note. Do not check the box on line 3d(2) if the Form 5500 is obligation to include delinquent participant contributions on their filed for a 103-12 IE or a GIA. A deferral of the IQPA’s opinion is financial statements and supplemental schedules and that the not permitted for a 103-12 IE or a GIA. If an “E” or “G” is entered IQPA’s report covers such delinquent contributions even though on Form 5500, Part I, line A(4), an IQPA’s opinion must be they are not required to be included on Part III of the Schedule attached to the Form 5500 and the type of opinion must be G. Although all delinquent participant contributions must be reported on Schedule H, line 3a. reported on line 4a, delinquent contributions for which the DOL Part IV – Compliance Questions VFCP requirements and the conditions of PTE 2002-51 have Lines 4a through 4n. Plans completing Schedule H must been satisfied do not need to be treated as nonexempt party-in- answer all these lines with either ‘‘Yes’’ or ‘‘No.’’ Do not leave interest transactions. any answer blank, unless otherwise directed. For lines 4a The VFCP describes how to apply, the specific transactions through 4h and line 4l, if the answer is “Yes,” an amount must covered (which transactions include delinquent participant be entered. contributions to pension and welfare plans), and acceptable Report investments in CCTs, PSAs, MTIAs, and 103-12 IEs, methods for correcting violations. In addition, applicants that but not the investments made by these entities. Plans with all of satisfy both the VFCP requirements and the conditions of PTE their funds held in a master trust should check ‘‘No’’ on line 4b, 2002-51 are eligible for immediate relief from payment of certain 4c, 4i, and 4j. CCTs and PSAs do not complete Part IV. MTIAs, prohibited transaction excise taxes for certain corrected 103-12 IEs, and GIAs do not complete lines 4a, 4e, 4f, 4g, 4h, transactions, and are also relieved from the obligation to file the 4k, 4m, or 4n. 103-12 IEs also do not complete line 4j and 4l. IRS Form 5330 with the IRS. For more information, see 71 Fed. MTIAs also do not complete line 4l. Reg. 20261 (Apr. 19, 2006) and 71 Fed. Reg. 20135 (Apr. 19, Instructions for Schedule H (Form 5500) -39- |
2006). Information about the VFCP is also available on the Applicants that satisfy the VFCP requirements and the Internet at www.dol.gov/ebsa. conditions of PTE 2002-51 (see the instructions for line 4a) All delinquent participant contributions must be reported on are eligible for immediate relief from payment of certain line 4a even if violations have been corrected. prohibited transaction excise taxes for certain corrected transactions, and are also relieved from the obligation to file the Line 4a Schedule. Attach a Schedule of Delinquent IRS Form 5330 with the IRS. For more information, see 71 Fed. Participant Contributions using the format below if you entered Reg. 20261 (Apr. 19, 2006) and 71 Fed. Reg. 20135 (Apr. 19, “Yes.” If you chose to include participant loan repayments on 2006). When the conditions of PTE 2002-51 have been line 4a, you must apply the same supplemental schedule and satisfied, the corrected transactions should be treated as IQPA disclosure requirements to the loan repayments as exempt under Code section 4975(c) for the purposes of applied to delinquent transmittals of participant contributions. answering line 4d. Schedule H Line 4a –Schedule of Delinquent Line 4e. Plans that check “Yes” must enter the aggregate Participant Contributions amount of fidelity bond coverage for all claims. Check ‘‘Yes’’ Participant Total that Constitute Nonexempt Total Fully only if the plan itself (as opposed to the plan sponsor or Contributions Prohibited Transactions Corrected administrator) is a named insured under a fidelity bond from an Transferred Under approved surety covering plan officials and that protects the Late to Plan VFCP and plan from losses due to fraud or dishonesty as described in 29 Check here if Contributions Contributions Contributions PTE 2002- CFR Part 2580. Generally, every plan official of an employee Late Not Corrected Pending 51 benefit plan who ‘‘handles’’ funds or other property of such plan Participant Corrected Outside Correction in must be bonded. Generally, a person shall be deemed to be Loan VFCP VFCP ‘‘handling’’ funds or other property of a plan, so as to require Repayments bonding, whenever his or her duties or activities with respect to are included: given funds are such that there is a risk that such funds could be lost in the event of fraud or dishonesty on the part of such Line 4b. Plans that check “Yes” must enter the amount and person, acting either alone or in collusion with others. Section complete Part I of Schedule G. The due date, payment amount 412 of ERISA and 29 CFR Part 2580 describe the bonding and conditions for determining default of a note or loan are requirements, including the definition of “handling” (29 CFR usually contained in the documents establishing the note or 2580.412-6), the permissible forms of bonds (29 CFR 2580.412- loan. A loan by the plan is in default when the borrower is 10), the amount of the bond (29 CFR Part 2580, subpart C), and unable to pay the obligation upon maturity. Obligations that certain exemptions such as the exemption for unfunded plans, require periodic repayment can default at any time. Generally, certain banks and insurance companies (ERISA section 412), loans and fixed income obligations are considered uncollectible and the exemption allowing plan officials to purchase bonds when payment has not been made and there is little probability from surety companies authorized by the Secretary of the that payment will be made. A fixed income obligation has a fixed Treasury as acceptable reinsurers on federal bonds (29 CFR maturity date at a specified interest rate. Do not include 2580.412-23). Information concerning the list of approved participant loans made under an individual account plan with sureties and reinsures is available on the Internet at investment experience segregated for each account that were www.fms.treas.gov/c570. For more information on the fidelity made in accordance with 29 CFR 2550.408b-1 and secured bonding requirements, see Field Assistance Bulletin 2008-04, solely by a portion of the participant’s vested accrued benefit. available on the Internet at www.dol.gov/ebsa. Line 4c. Plans that check “Yes” must enter the amount and Note. Plans are permitted under certain conditions to purchase complete Part II of Schedule G. A lease is an agreement fiduciary liability insurance. These fiduciary liability insurance conveying the right to use property, plant, or equipment for a policies are not written specifically to protect the plan from stated period. A lease is in default when the required losses due to dishonest acts and cannot be reported as fidelity payment(s) has not been made. An uncollectible lease is one bonds on line 4e. where the required payments have not been made and for Line 4f. Check ‘‘Yes,’’ if the plan suffered or discovered any which there is little probability that payment will be made. loss as a result of any dishonest or fraudulent act(s) even if the Line 4d. Plans that check “Yes” must enter the amount and loss was reimbursed by the plan’s fidelity bond or from any complete Part III of Schedule G. Check ‘‘Yes’’ if any nonexempt other source. If ‘‘Yes’’ is checked enter the full amount of the transaction with a party-in-interest occurred regardless of loss. If the full amount of the loss has not yet been determined, whether the transaction is disclosed in the IQPA’s report. Do not provide an estimate and disclose that the figure is an estimate check “Yes” or complete Schedule G, Part III, with respect to as determined in good faith by a plan fiduciary. You must keep, transactions that are: (1) statutorily exempt under Part 4 of Title in accordance with ERISA section 107, records showing how I of ERISA; (2) administratively exempt under ERISA section the estimate was determined. 408(a); (3) exempt under Code sections 4975(c) or 4975(d);(4) Willful failure to report is a criminal offense. See ERISA the holding of participant contributions in the employer’s general section 501. assets for a welfare plan that meets the conditions of ERISA Technical Release 92-01; (5) a transaction of a 103-12 IE with Lines 4g and 4h. Current value means fair market value parties other than the plan; or (6) delinquent participant where available. Otherwise, it means the fair value as contributions or delinquent participant loan repayments reported determined in good faith under the terms of the plan by a trustee on line 4a. or a named fiduciary, assuming an orderly liquidation at the time of the determination. See ERISA section 3(26). Note. See the instructions for Part III of the Schedule G (Form 5500) concerning nonexempt transactions and party-in-interest. An accurate assessment of fair market value is essential to a pension plan’s ability to comply with the requirements set forth You may indicate that an application for an administrative in the Code (e.g., the exclusive benefit rule of Code section exemption is pending. If you are unsure as to whether a 401(a)(2), the limitations on benefits and contributions under transaction is exempt or not, you should consult with either the Code section 415, and the minimum funding requirements plan’s IQPA or legal counsel or both. under Code section 412) and must be determined annually. -40- Instructions for Schedule H (Form 5500) |
Examples of assets that may not have a readily determinable • Any investment asset held by the plan on the last day of the value on an established market (e.g., NYSE, AMEX, over the plan year; and counter, etc.) include real estate, nonpublicly traded securities, • Any investment asset purchased during the plan year and sold shares in a limited partnership, and collectibles. Do not check before the end of the plan year except: “Yes” on line 4g for mutual fund shares or insurance company 1. Debt obligations of the U.S. or any U.S. agency. investment contracts for which the plan receives valuation 2. Interests issued by a company registered under the information at least annually. Also, do not check ‘‘Yes’’ on line Investment Company Act of 1940 (e.g., a mutual fund). 4g if the plan is a defined contribution plan and the only assets 3. Bank certificates of deposit with a maturity of one the plan holds, that do not have a readily determinable value on year or less. an established market, are: (1) participant loans not in default, 4. Commercial paper with a maturity of 9 months or or (2) assets over which the participant exercises control within less if it is valued in the highest rating category by at least the meaning of section 404(c) of ERISA. two nationally recognized statistical rating services and is Although the current value of plan assets must be determined issued by a company required to file reports with the each year, there is no requirement that the assets (other than Securities and Exchange Commission under section 13 of certain nonpublicly traded employer securities held in ESOPs) the Securities Exchange Act of 1934. be valued every year by independent third-party appraisers. 5. Participations in a bank common or collective trust. Enter in the amount column the fair market value of the 6. Participations in an insurance company pooled assets referred to on line 4g whose value was not readily separate account. determinable on an established market and which were not 7. Securities purchased from a broker-dealer valued by an independent third-party appraiser in the plan year. registered under the Securities Exchange Act of 1934 and Generally, as it relates to these questions, an appraisal by an either: (1) listed on a national securities exchange and independent third party is an evaluation of the value of an asset registered under section 6 of the Securities Exchange Act prepared by an individual or firm who knows how to judge the of 1934 or (2) quoted on NASDAQ. value of such assets and does not have an ongoing relationship Assets held for investment purposes shall not include any with the plan or plan fiduciaries except for preparing the investment that was not held by the plan on the last day of the appraisals. plan year if that investment is reported in the annual report for Line 4i. Check “Yes” if the plan had any assets held for that plan year in any of the following: investment purposes, and attach a schedule of assets held for 1. The schedule of loans or fixed income obligations in investment purposes at end of year, a schedule of assets held default required by Schedule G, Part I; for investment purposes that were both acquired and disposed 2. The schedule of leases in default or classified as of within the plan year, or both, as applicable. The schedules uncollectible required by Schedule G, Part II; must use the format set forth below or a similar format. See 29 3. The schedule of nonexempt transactions required by CFR 2520.103-11. Schedule G, Part III; or Assets held for investment purposes shall include: 4. The schedule of reportable transactions required by Schedule H, line 4j. Line 4i schedules. The first schedule required to be attached is a schedule of all assets held for investment purposes at the end of the plan year, aggregated and identified by issue, maturity date, rate of inte st,recollateral, par or maturity value, cost and current value, and, in the case of a loan, the payment schedule. In column (a), place an asterisk (*) on the line of each identified person known to be a party-in-inte streto the plan. In column (c), include any restriction on transferability of corporate securities. (Include lending of securities permitted under Prohibited Transactions Exemption 81-6.) 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 required to be attached is a schedule of investment assets that were both acquired and disposed of within the plan year. This schedule must be cle arly 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 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 Instructions for Schedule H (Form 5500) -41- |
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 his or her 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. Line 4j. Check “Yes” and attach to the Form 5500 the following transactions of the trust shall be combined with the other schedule if the plan had any reportable transactions (see 29 transactions of the plan, if any, to determine which transactions CFR 2520.103-6 and the examples provided in the regulation). (or series of transactions) are reportable (5%) transactions. The schedule must use the format set forth below or a similar For investments in common/collective trusts (CCTs), pooled format. See 29 CFR 2520.103-11. separate accounts (PSAs), 103-12 IEs, and registered A reportable transaction includes: investment companies, determine the 5% figure by comparing 1.A single transaction within the plan year in excess of 5% of the transaction date value of the acquisition and/or disposition of the current value of the plan assets; units of participation or shares in the entity with the current 2.Any series of transactions with or in conjunction with the value of the plan assets at the beginning of the plan year. If the same person, involving property other than securities, which Schedule H is attached to a Form 5500 filed for a plan with all amount in the aggregate within the plan year (regardless of the plan funds held in a master trust, check ‘‘No’’ on line 4j. Plans category of asset and the gain or loss on any transaction) to with assets in a master trust that have other transactions should more than 5% of the current value of plan assets; determine the 5% figure by subtracting the current value of plan 3.Any transaction within the plan year involving securities of assets held in the master trust from the current value of all plan the same issue if within the plan year any series of transactions assets at the beginning of the plan year and check ‘‘Yes’’ or with respect to such securities amount in the aggregate to more “No,” as appropriate. Do not include individual transactions of than 5% of the current value of the plan assets; and (CCTs), (PSAs), master trust investment accounts (MTIAs), 4.Any transaction within the plan year with respect to 103-12 IEs, and registered investment companies in which this securities with, or in conjunction with, a person if any prior or plan or DFE invests. subsequent single transaction within the plan year with such In the case of a purchase or sale of a security on the market, person, with respect to securities, exceeds 5% of the current do not identify the person from whom purchased or to whom value of plan assets. sold. The 5% figure is determined by comparing the current value Special rule for certain participant-directed transactions. of the transaction at the transaction date with the current value Transactions under an individual account plan that a participant of the plan assets at the beginning of the plan year. If this is the or beneficiary directed with respect to assets allocated to his or initial plan year, you may use the current value of the plan her account (including a negative election authorized under the assets at the end of the plan year to determine the 5% figure. terms of the plan) should not be treated for purposes of line 4j If the assets of two or more plans are maintained in one trust, as reportable transactions. The current value of all assets of the except as provided below, the plan’s allocable portion of the 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) 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) Line 4k. Check “Yes” if all the plan assets (including see Code section 401(a)(9). Include in this amount the total of insurance/annuity contracts) were distributed to the any outstanding amounts that were not paid when due in participants and beneficiaries, legally transferred to the control previous years that have continued to remain unpaid. of another plan, or brought under the control of the PBGC. Note. In the absence of other guidance, filers do not need to Check ‘‘No’’ for a welfare benefit plan that is still liable to report on this line unpaid required minimum distribution (RMD) pay benefits for claims incurred before the termination date, amounts for participants who have retired or separated from but not yet paid. See 29 CFR 2520.104b-2(g)(2)(ii). service, or their beneficiaries, who cannot be located after Line 4l. You must check “Yes” if any benefits due under the reasonable efforts or where the plan is in the process of plan were not timely paid or not paid in full. This would include engaging in such reasonable efforts at the end of the plan year minimum required distributions to 5% owners who have reporting period. Plan administrators and employers should attained 72 whether or not retired and/or non-5% owners who review their plan documents for written procedures on locating have attained 72 and have retired or separated from service, missing participants. Although the Department of Labor’s Field Assistance Bulletin 2014-01 is specifically applicable to -42- Instructions for Schedule H (Form 5500) |
terminated defined contribution plans, employers and plan when there is a reduction of assets or liabilities with respect to administrators of ongoing plans may want to consider one plan and the receipt of these assets or the assumption of periodically using one or more of the search methods these liabilities by another plan. Enter the name, plan sponsor described in the FAB in connection with making reasonable EIN, and PN for the transferee plan(s) involved on lines 5b(1), efforts to locate RMD-eligible missing participants. (2), and (3). Line 4m. Check “Yes” if there was a “blackout period.” A Do not use a social security number in lieu of an EIN or blackout period is a temporary suspension of more than three include an attachment that contains visible social security (3) consecutive business days during which participants or numbers. The Schedule H is open to public inspection, and the 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 Note. A distribution of all or part of an individual participant’s loans from the plan, or obtain distributions from the plan if the account balance that is reportable on Form 1099-R should not temporary suspension is: (1) part of the regularly scheduled be included on line 5b. Do not submit Form 1099-R with the operations of the plan that has been disclosed to participants Form 5500. and beneficiaries; (2) due to a qualified domestic relations 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 regarding a participant’s individual account; or (4) by or any transfer of plan assets or liabilities to another plan. application of federal securities laws. For more information, There is a penalty for not filing IRS Form 5310-A on time. In see 29 CFR 2520.101-3 (available at www.dol.gov/ebsa). addition, a transfer of benefit liabilities involving a plan covered by PBGC insurance may be reportable to the PBGC. See Line 4n. If there was a blackout period, did you provide the PBGC Form 10, Post-Event Notice of Reportable Events, and required notice not less than 30 days nor more than 60 days in PBGC Form 10-Advance, Advance Notice of Reportable advance of restricting the rights of participants and Events. beneficiaries to change their plan investments, obtain loans from the plan, or obtain distributions from the plan? If so, check Line 5c. Check “Yes” if the plan was covered by PBGC at any “Yes.” See 29 CFR 2520.101-3 for specific notice requirements time during the plan year to which the Form 5500 relates and and for exceptions from the notice requirement. Also, answer enter the My PAA generated confirmation number for the “Yes” if one of the exceptions to the notice requirement under premium filing for that plan year reported (see filing receipt). 29 CFR 2520.101-3 applies. “Yes” must be checked even if coverage has ceased and/or final premiums have been paid before the Form 5500 is due. Line 5a. Check “Yes” if a resolution to terminate the plan was adopted during this or any prior plan year, unless the If you are uncertain whether the plan is covered under the termination was revoked and no assets reverted to the PBGC termination insurance program, check the box “Not employer. If ‘‘Yes’’ is checked, enter the amount of plan assets determined” and contact PBGC either by phone at 1-800-736- that reverted to the employer during the plan year in 2444, by E-mail at coverage@pbgc.gov. If you amended your connection with the implementation of such termination. Enter premium filing for this plan year, enter the confirmation number “0” if no reversion occurred during the current plan year. for that filing and not for the previous filing(s). Defined contribution plans and welfare plans do not need to complete A Form 5500 must be filed for each year the plan has this item. assets, and, for a welfare benefit plan, if the plan is still liable to pay benefits for claims incurred before the termination Note: A church defined benefit pension plan that has date, but not yet paid. See 29 CFR 2520.104b-2(g)(2)(ii). made an election under Code section 410(d) should see www.pbgc.gov for the procedures prescribed by Line 5b. Enter information concerning assets and/or liabilities PBGC on how to notify PBGC that it wishes to have transferred from this plan to another plan(s) (including spinoffs) title IV of ERISA apply to it. during the plan year. A transfer of assets or liabilities occurs Instructions for Schedule H (Form 5500) -43- |
under the terms of the plan by a trustee or a named fiduciary, 2022 Instructions for Schedule I assuming an orderly liquidation at time of the determination. 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 Who Must File preceding plan year. Schedule I (Form 5500) must be attached to a Form 5500 filed Do not include contributions designated for the 2022 plan for pension benefit plans and welfare benefit plans that year in column (a). 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 Note. If a Schedule I or a Form 5500-SF was filed for the plan investment accounts (MTIAs), and/or 103-12 IEs must also for the 2021 plan year and the plan covered fewer than 121 attach Schedule D. participants as of the beginning of the 2022 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 Exception. Certain insured, unfunded or combination contracts) that you used for line 4 of Schedule A, or, if line 4 is unfunded/insured welfare plans are exempt from filing the not required, line 7 of Schedule A. 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 Specific Instructions deemed distribution) should be included in column (b) without regard to the occurrence of a deemed distribution. Lines A, B, C, and D. This information must be the same as reported in Part II of the Form 5500 to which this Schedule I is After a participant loan that has been deemed distributed is attached. reported on line 2g, it is no longer to be reported as an asset 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 If the assets of two or more plans are maintained in one participant resumes repayment under the loan. In addition, the fund, such as when an employer has two plans funded through amount to be entered on line 2g must be reduced by the a single trust (except a DFE), complete Parts I and II by amount of the participant loan reported as a deemed entering the plan’s allocable part of each line item. distribution on line 2g for the earlier year. If assets of one plan are maintained in two or more trust Line 1b. Enter the total liabilities at the beginning and end of funds, report the combined financial information in Part I. the plan year. Liabilities to be entered here do not include the value of future pension payments to plan participants. Current value means fair market value where available. Otherwise, it means the fair value as determined in good faith -44- Instructions for Schedule I (Form 5500) |
However, the amount to be entered in line 1b for accrual basis services, day care services, and training and apprenticeship filers includes, among other things: services. If securities or other property are distributed to plan 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 has been deemed distributed during the plan year under the Line 2a(1). Plans using the accrual basis of accounting must provisions of Code section 72(p) and Treasury Regulations not include contributions designated for years before the 2022 section 1.72(p)-1 only if both of the following circumstances plan year on line 2a(1). apply: Line 2a(2). For welfare plans, report all employee 1. Under the plan, the participant loan is treated as a contributions, including all elective contributions under a directed investment solely of the participant’s individual cafeteria plan (Code section 125). For pension benefit plans, account; and participant contributions, for purposes of this item, also include 2. As of the end of the plan year, the participant is not elective contributions under a qualified cash or deferred continuing repayment under the loan. arrangement (Code section 401(k)). If either of these circumstances does not apply, a deemed Line 2b. Use the current value, at date contributed, of distribution of a participant loan should not be reported on line securities or other noncash property. 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. Instructions for Schedule I (Form 5500) -45- |
Line 2i. Other expenses (paid and/or payable) include other 1. Under the plan, the participant loan is treated as a administrative and miscellaneous expenses paid by or charged directed investment solely of the participant’s individual to the plan, including among others, office supplies and account; and equipment, telephone, postage, rent and expenses associated 2. As of the end of the plan year, the participant is not with the ownership of a building used in operation of the plan. continuing repayment under the loan. Line 2j. Enter the total of all benefits paid or due as reported If both of these circumstances apply, report the loan as a on lines 2e, 2f, and 2g and all other plan expenses (lines 2h deemed distribution on line 2g. However, if either of these and 2i) during the year. circumstances does not apply, the current value of the Line 2l. Enter the net value of all assets transferred to and participant loan (including interest accruing thereon after the from the plan during the plan year including those resulting deemed distribution) should be included on line 3e without from mergers and spinoffs. A transfer of assets or liabilities regard to the occurrence of a deemed distribution. occurs when there is a reduction of assets or liabilities with Note. After participant loans have been deemed distributed respect to one plan and the receipt of these assets or the and reported on line 2g of the Schedule I or H, they are no assumption of these liabilities by another plan. Transfers out at longer required to be reported as assets on the Schedule I or the end of the year should be reported as occurring during the H. However, such loans (including interest accruing thereon plan year. after the deemed distribution) that have not been repaid are Note. A distribution of all or part of an individual participant’s still considered outstanding for purposes of applying Code account balance that is reportable on Form 1099-R, section 72(p)(2)(A) to determine the maximum amount of Distributions From Pensions, Annuities, Retirement or Profit- subsequent loans. Also, the deemed distribution is not treated Sharing Plans, IRAs, Insurance Contracts, etc., should not be as an actual distribution for other purposes, such as the included on line 2l but must be included in benefit payments qualification requirements of Code section 401, including, for reported on line 2e. Do not submit IRS Form 1099-R with Form example, the determination of top-heavy status under Code 5500. section 416 and the vesting requirements of Treasury Regulations section 1.411(a)-7(d)(5). See Q&As 12 and 19 of Lines 3a through 3g. You must check either “Yes” or “No” on Treasury Regulations section 1.72(p)-1. each line to report whether the plan held any assets in the listed categories at any time during the plan year. If “Yes” is Line 3f. Enter the current value of all loans made by the plan, checked on any line, enter in the amount column for that line except participant loans reportable on line 3e. Include the sum the current value of the assets held at the end of the plan year of the value of loans for construction, securities loans, or “0” if no assets remain in the category at the end of the plan commercial and/or residential mortgage loans that are not year. You should allocate the value of the plan’s interest in a subject to Code section 72(p) (either by making or participating commingled trust containing the assets of more than one plan in the loans directly or by purchasing loans originated by a on a line-by-line basis, except do not include on lines 3a third party), and other miscellaneous loans. through 3g the value of the plan’s interest in any CCT, PSA, Line 3g. Include all property that has concrete existence and is MTIA, or 103-12 IE (see instructions definitions of CCT, PSA, capable of being processed, such as goods, wares, MTIA, and 103-12 IE). merchandise, furniture, machines, equipment, animals, Line 3a. Enter the value of the plan’s participation in a automobiles, etc. This includes collectibles, such as works of partnership or joint venture, unless the partnership or joint art, rugs, antiques, metals, gems, stamps, coins, alcoholic venture is a 103-12 IE. beverages, musical instruments, and historical objects (documents, clothes, etc.). Do not include the value of a plan’s Line 3b. The term ‘‘employer real property’’ means real interest in property reported on lines 3a through 3f, or property (and related personal property) that is leased to an intangible property, such as patents, copyrights, goodwill, employer of employees covered by the plan, or to an affiliate of franchises, notes, mortgages, stocks, claims, interests, or other such employer. For purposes of determining the time at which property that embodies intellectual or legal rights. a plan acquires employer real property for purposes of this line, such property shall be deemed to be acquired by the plan Part II – Compliance Questions on the date on which the plan acquires the property or on the Answer all lines with either ‘‘Yes’’ or ‘‘No.’’ Do not leave any date on which the lease to the employer (or affiliate) is entered answer blank, unless otherwise directed. For lines 4a through into, whichever is later. 4i and line 4l, if the answer is “Yes,” an amount must be Line 3d. An employer security is any security issued by an entered. If you check ‘‘No’’ on line 4k you must attach the employer (including affiliates) of employees covered by the report of an independent qualified public accountant (IQPA) or plan. These may include common stocks, preferred stocks, a statement that the plan is eligible and elects to defer bonds, zero coupon bonds, debentures, convertible attaching the IQPA’s opinion pursuant to 29 CFR 2520.104-50 debentures, notes and commercial paper. in connection with a short plan year of seven months or less. Line 3e. Enter the current value of all loans to participants Plans with all of their fund held in a master trust should check including residential mortgage loans that are subject to Code “No” on Schedule I, lines 4b, c, and i. section 72(p). Include the sum of the value of the unpaid Line 4a. Amounts paid by a participant or beneficiary to an principal balances, plus accrued but unpaid interest, if any, for employer and/or withheld by an employer for contribution to participant loans made under an individual account plan with the plan are participant contributions that become plan assets investment experience segregated for each account, that are as of the earliest date on which such contributions can made in accordance with 29 CFR 2550.408b-1 and secured reasonably be segregated from the employer’s general assets. solely by a portion of the participant’s vested accrued benefit. See 29 CFR 2510.3-102. In the case of a plan with fewer than When applicable, combine this amount with the current value 100 participants at the beginning of the plan year, any amount of any other participant loans. Do not include any amount of a deposited with such plan not later than the 7 thbusiness day participant loan deemed distributed during the plan year under following the day on which such amount is received by the the provisions of Code section 72(p) and Treasury Regulations employer (in the case of amounts that a participant or section 1.72(p)-1, if both of the following circumstances apply: beneficiary pays to an employer), or the 7 thbusiness day -46- Instructions for Schedule I (Form 5500) |
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 2510.3102(a)(2). are also relieved from the obligation to file the IRS Form 5330 Plans that check “Yes” must enter the aggregate amount of all with the IRS. For more information, see 71 Fed. Reg. 20261 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 Constitute 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 Instructions for Schedule I (Form 5500) -47- |
(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 his or her 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 his or her duties or activities with A. Any fiduciary (including, but not limited to, any respect to given funds are such that there is a risk that such administrator, officer, trustee, or custodian), counsel, or funds could be lost in the event of fraud or dishonesty on the employee of the plan; part of such person, acting either alone or in collusion with B. A person providing services to the plan; others. Section 412 of ERISA and 29 CFR Part 2580 describe C. An employer, any of whose employees are covered by the bonding requirements, including the definition of ‘‘handling’’ the plan; (29 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 venturer 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 -48- Instructions for Schedule I (Form 5500) |
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, 2020, which matures on additional guidance on these determinations, and 29 CFR June 30, 2022, 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 Instructions for Schedule I (Form 5500) -49- |
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 72 whether or not retired and/or non-5% owners who (this SAR disclosure requirement does not apply to qualifying have attained 72 and have retired or separated from service, employer securities, participant loans and individual account see Code section 401(a)(9). Include in this amount the total of assets described in paragraphs 4,5 and 6 above); any outstanding amounts that were not paid when due in 2. The name of the surety company issuing the fidelity bond, previous years that have continued to remain unpaid. if the plan has more than 5% of its assets in non-qualifying plan assets; Note. In the absence of other guidance, filers do not need to 3. A notice that participants and beneficiaries may, upon report on this line unpaid required minimum distribution (RMD) request and without charge, examine or receive from the plan amounts for participants who have retired or separated from evidence of the required bond and copies of statements from service, or their beneficiaries, who cannot be located after the regulated financial institutions describing the qualifying reasonable efforts or where the plan is in the process of plan assets; and engaging in such reasonable efforts at the end of the plan year 4. A notice that participants and beneficiaries should contact reporting period. Plan administrators and employers should the EBSA Regional Office if they are unable to examine or review their plan documents for written procedures on locating obtain copies of the regulated financial institution statements or missing participants. Although the Department of Labor’s Field evidence of the required bond, if applicable. Assistance Bulletin 2014-01 is specifically applicable to terminated defined contribution plans, employers and plan A Model Notice that plans can use to satisfy the enhanced administrators of ongoing plans may want to consider SAR (or Annual Funding Notice) disclosure requirements to be periodically using one or more of the search methods eligible for the audit waiver is available as an Appendix to 29 described in the FAB in connection with making reasonable CFR 2520.104-46. efforts to locate RMD-eligible missing participants. Condition 3: In addition, in response to a request from any Line 4m. Check “Yes” if there was a “blackout period.” A participant or beneficiary, the administrator, without charge to blackout period is a temporary suspension of more than three the participant or beneficiary, must make available for (3) consecutive business days during which participants or examination, or upon request furnish copies of, each regulated beneficiaries of a 401(k) or other individual account pension financial institution statement and evidence of any required plan were unable to, or were limited or restricted in their ability bond. to, direct or diversify assets credited to their accounts, obtain Examples. Plan A, which has a plan year that began on or loans from the plan, or obtain distributions from the plan. A after April 18, 2001, had total assets of $600,000 as of the end “blackout period” generally does not include a temporary of the 2000 plan year that included: investments in various suspension of the right of participants and beneficiaries to bank, insurance company and mutual fund products of direct or diversify assets credited to their accounts, obtain $520,000; investments in qualifying employer securities of loans from the plan, or obtain distributions from the plan if the $40,000; participant loans (meeting the requirements of ERISA temporary suspension is: (1) part of the regularly scheduled section 408(b)(1)), totaling $20,000; and a $20,000 investment operations of the plan that has been disclosed to participants in a real estate limited partnership. Because the only asset of and beneficiaries; (2) due to a qualified domestic relations the plan that did not constitute a ‘‘qualifying plan asset’’ is the order (QDRO) or because of a pending determination as to $20,000 real estate limited partnership investment and that whether a domestic relations order is a QDRO; (3) due to an investment represents less than 5% of the plan’s total assets, action or a failure to take action by an individual participant or no fidelity bond is required as a condition for the plan to be because of an action or claim by someone other than the plan eligible for the waiver for the 2001 plan year. regarding a participant’s individual account; (4) by application Plan B is identical to Plan A except that of Plan B’s total of federal securities laws. For more information, see 29 CFR assets of $600,000 as of the end of the 2000 plan year, 2520.101-3 (available at www.dol.gov/ebsa). $558,000 constitutes ‘‘qualifying plan assets’’ and $42,000 Line 4n. If there was a blackout period, did you provide the constitutes non-qualifying plan assets. Because 7% – more required notice not less than 30 days nor more than 60 days in than 5% – of Plan B’s assets do not constitute ‘‘qualifying plan advance of restricting the rights of participants and assets,’’ Plan B, as a condition to be eligible for the waiver for beneficiaries to change their plan investments, obtain loans the 2001 plan year, must ensure that it has a fidelity bond in an from the plan, or obtain distributions from the plan? If so, check amount equal to at least $42,000 covering persons handling its “Yes.” See 29 CFR 2520.101-3 for specific notice requirements non-qualifying plan assets. Inasmuch as compliance with and for exceptions from the notice requirement. Also, answer ERISA section 412 generally requires the amount of the bond “Yes” if one of the exceptions to the notice requirement under be not less than 10% of the amount of all the plan’s funds or 29 CFR 2520.101-3 applies. other property handled, the bond acquired for ERISA section Line 5a. Check “Yes” if a resolution to terminate the plan was 412 purposes may be adequate to cover the non-qualifying adopted during this or any prior plan year, unless the plan assets without an increase (i.e., if the amount of the bond termination was revoked and no assets reverted to the -50- Instructions for Schedule I (Form 5500) |
employer. If ‘‘Yes’’ is checked, enter the amount of plan assets IRS Form 5310-A, Notice of Plan Merger or Consolidation, that reverted to the employer during the plan year in Spinoff, or Transfer of Plan Assets or Liabilities; Notice of connection with the implementation of such termination. Enter Qualified Separate Lines of Business, may be required to be ‘‘0’’ if no reversion occurred during the current plan year. filed at least 30 days before any plan merger or consolidation A Form 5500 must be filed for each year the plan has or any transfer of plan assets or liabilities to another plan. assets, and, for a welfare benefit plan, if the plan is still There is a penalty of $25 a day (up to a maximum of $15,000) liable to pay benefits for claims that were incurred before the for not filing IRS Form 5310-A on time.” In addition, a transfer termination date, but not yet paid. See 29 CFR 2520.104b- of benefit liabilities involving a plan covered by PBGC 2(g)(2)(ii). insurance may be reportable to the PBGC. See PBGC Form 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) during the plan year. A transfer of assets or liabilities occurs Line 5c. Check “Yes” if the plan was covered by PBGC at any when there is a reduction of assets or liabilities with respect to time during the plan year to which the Form 5500 relates and one plan and the receipt of these assets or the assumption of enter the My PAA generated confirmation number for the these liabilities by another plan. Enter the name, plan sponsor premium filing for that plan year reported (see filing receipt). EIN, and PN for the transferee plan(s) involved on lines 5(b)1, “Yes” must be checked even if coverage has ceased and/or (2), and (3). final premiums have been paid before the Form 5500 is due. Do not use a social security number in lieu of an EIN or If you are uncertain whether the plan is covered under the include an attachment that contains visible social security PBGC termination insurance program, check the box “Not numbers. The Schedule I and its attachments are open to determined” and contact PBGC either by phone at 1-800-736- public inspection, and the contents are public information and 2444, by E-mail at coverage@pbgc.gov. If you amended your are subject to publication on the Internet. Because of privacy premium filing for this plan year, enter the confirmation number concerns, the inclusion of a social security number or any for that filing and not for the previous filing(s). Defined portion thereof on this Schedule I or the inclusion of a visible contribution plans and welfare plans do not need to complete social security number or any portion thereof on an attachment this item. may result in the rejection of the filing. Note: A church defined benefit pension plan that has made an Note. A distribution of all or part of an individual participant’s election under Code section 410(d) should see www.pbgc.gov account balance that is reportable on IRS Form 1099-R should for the procedures prescribed by PBGC on how to notify PBGC not be included on line 5b. Do not submit IRS Form 1099-R that it wishes to have title IV of ERISA apply to it. with the Form 5500. Instructions for Schedule I (Form 5500) -51- |
You can apply for an EIN from the IRS online, by fax, or by 2022 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 contents are public information and are subject to publication Specific Instructions 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 -52- Instructions for Schedule MB (Form 5500) |
within the period specified by Code section 431(c)(7) and account rates of early retirement and the plan’s early ERISA section 304(c)(7). retirement and turnover provisions as they relate to benefits, Line 1b(1). Current Value of Assets. Enter the current value where these would significantly affect the results. of assets as of the valuation date. The current value is the Regardless of the valuation date, current liability is computed same as the fair market value. Do not adjust for items such as taking into account only credited service through the end of the existing credit balance or the outstanding balances of the prior plan year. No salary scale projections should be certain amortization bases. Contributions designated for 2022 used in these computations. Do not include the expected should not be included in this amount. Note that this entry may increase in current liability due to benefits accruing during be different from the entry in line 2a. Such a difference may the plan year reported on line 1d(2)(b) in these result, for example, if the valuation date is not the first day of computations. the plan year, or if insurance contracts are excluded from Line 1d(2)(b). Expected Increase in Current Liability. assets reported on line 1b(1) but not on line 2a. Enter the amount by which the current liability is expected to Rollover amounts or other assets held in individual increase due to benefits accruing during the plan year on accounts that are not available to provide defined benefits account of credited service and/or salary changes for the under the plan should not be included on line 1b(1), regardless current year. One year’s salary scale may be reflected. of whether they are reported on the 2022 Schedule H (Form Line 1d(2)(c). Expected Release From Current Liability 5500) (line 1I, column (a)) or Schedule I (Form 5500) (line 1c, for the Plan Year. Enter the expected release from current column (a)). Additionally, asset and liability amounts must be liability on account of disbursements (including single-sum determined in a consistent manner. Therefore, if the value of distributions) from the plan expected to be paid after the any insurance contracts have been excluded from the amount valuation date but prior to the end of the plan year (see also reported on line 1b(1), liabilities satisfied by such contracts Q&A-7 of Revenue Ruling 96-21, 1996-1 C.B. 64). should also be excluded from the liability values reported on Line 1d(3). Expected Plan Disbursements. Enter the lines 1c(1), 1c(2), and 1d(2) of the Schedule MB. amount of plan disbursements expected to be paid for the Line 1b(2). Actuarial Value of Assets. Enter the value of plan year. assets determined in accordance with Code section 431(c)(2) Line 2. All entries must be reported as of the beginning of and ERISA section 304(c)(2). Do not adjust for items such as the 2022 plan year. Lines 2a and 2b should include all the existing credit balance or the outstanding balances of assets and liabilities under the plan except for assets and certain amortization bases, and do not include contributions liabilities attributable to: (1) rollover amounts or other designated for 2022 in this amount. amounts in individual accounts that are not available to Line 1c(1). Accrued Liability for Immediate Gain Methods. provide defined benefits, or (2) benefits for which an insurer Complete this line only if you use an immediate gain method has made an irrevocable commitment as defined in 29 CFR (see Revenue Ruling 81-213, 1981-2 C.B. 101, for a definition 4001.2. of immediate gain method). Line 2a. Current Value of Assets. Enter the current value Lines 1c(2)(a), (b), and (c). Information for Plans Using of net assets as of the first day of the plan year. Except for Spread Gain Methods. Complete these lines only if you use a plans with excluded assets as described above, this entry spread gain method (see Revenue Ruling 81-213 for a should be the same as reported on the 2022 Schedule H definition of spread gain method). (Form 5500) (line 1l, column (a)) or Schedule I (Form 5500) Line 1c(2)(a). Unfunded Liability for Methods with Bases. (line 1c, column (a)). Note that contributions designated for Complete this line only if you use the frozen initial liability or the 2022 plan year are not included on those lines. attained age normal cost method. Line 2b. Current Liability (beginning of plan year). Enter Lines 1c(2)(b) and (c). Entry Age Normal Accrued Liability the current liability as of the first day of the plan year. Do not and Normal Cost. For spread gain methods, these include the expected increase in current liability due to calculations are used for purposes of the full funding limitation benefits accruing during the plan year. See the instructions (see Revenue Ruling 81-13, 1981-1 C.B. 229). for line 1d(2)(a) for actuarial assumptions used in determining current liability. Line 1d(1). Amount Excluded from Current Liability. Leave line 1(d)(1) blank. Column (1) – Enter the number of participants and beneficiaries as of the beginning of the plan year in each Line 1d(2)(a). Current Liability. All multiemployer plans, category (e.g., terminated vested participants). Enter “0” if no regardless of the number of participants, must provide the participants fall into the category. If the current liability information indicated in accordance with these instructions. figures are derived from a valuation that follows the first day The interest rate used to compute the current liability must be of the plan year, the participant and beneficiary count entries in accordance with guidelines issued by the IRS and, pursuant should be derived from the counts used in that valuation in a to the Pension Protection Act of 2006 (PPA), must not be more manner consistent with the derivation of the current liability than 5 percent above and must not be more than 10 percent reported in column (2). below the weighted average of the rates of interest, as set forth by the Treasury Department, on 30-year Treasury securities Column (2) – Enter the current liability attributable to all during the 4-year period ending on the last day before the benefits, with subtotals for vested and nonvested benefits in beginning of the 2022 plan year. the case of active participants. Enter “0” if there is no current liability attributable to a particular category of participants. The current liability must be computed using the mortality tables referenced in section 1.431(c)(6)-1 of the Treasury Line 2c. This calculation is required under ERISA section Regulations. 103(d)(11). Do not complete if line 2a divided by line 2b(4), column (2), is 70% or greater. Each other actuarial assumption used in calculating the current liability must be the same assumption used for Line 3. Contributions Made to Plan. Show all employer calculating other costs for the funding standard account. See and employee contributions for the plan year. Include Notice 90-11, 1990-1 C.B. 319. The actuary must take into employer contributions made not later than 2½ months (or the later date allowed under Code section 431(c)(8) and Instructions for Schedule MB (Form 5500) -53- |
ERISA section 304(c)(8)) after the end of the plan year. Line 4c. If, in the plan year in which the Schedule MB is filed, a Show only contributions actually made to the plan by the certification was required to be made under Code section date this Schedule MB is signed. 432(b)(3)(A)(ii) and ERISA section 305(b)(3)(A)(ii) with respect Add the amounts in both columns (b) and (c) and enter to scheduled progress during the plan year for which the both results on the total line. All contributions must be Schedule MB is filed, check “Yes” or “No” to reflect the credited toward a particular plan year. certification. Attach documentation comparing the current status of the plan to the scheduled progress under the If any of the contributions reported in line 3 include applicable funding improvement or rehabilitation plan to this amounts owed for withdrawal liability, report in line 3(d) the Schedule MB. Label the documentation “Schedule MB, line total withdrawal liability amounts included in line 3(b). 4c – Documentation Regarding Progress Under Funding Attach a list showing the date and amount of each Improvement or Rehabilitation Plan.” withdrawal liability amount included, broken down between Lines 4d and 4e. If Code C (Critical Status) or Code D (Critical periodic amounts and lump sum amounts. For this purpose, and Declining Status) was entered on line 4b, an entry on line include a withdrawal liability payment as a lump sum only if 4d is required. For purposes of lines 4d and 4e, in determining the entire liability is paid in one lump sum or if the payment whether benefits have been reduced, only adjustable benefits from an employer that paid its assessed withdrawal liability that would otherwise be protected under Code section in periodic installments (e.g., monthly or quarterly) in prior 411(d)(6) and ERISA section 204(g) are taken into account if years settled the remaining liability via one lump sum the plan is certified as being in critical status. Plans that are payment during the plan year. Use the format shown below certified as being in critical and declining status should and label this attachment “Schedule MB, Line 3(d) – determine whether benefits have been reduced, including all Withdrawal Liability Amounts.” The attachment may be benefits that were adjusted (only adjustable benefits that would provided in a spreadsheet file (CSV format). otherwise be protected under Code section 411(d)(6) and Schedule MB, Line 3(d) - Withdrawal Liability Amounts ERISA section 204(g) are taken into account), any benefits that have been suspended under Code section 432(e)(9), and any Payment Periodic Lump Sum Total benefit reductions due to a partition under ERISA section 4233. Date Amounts Amounts Amounts For a plan that has benefits suspended under Code section 432(e)(9) and/or partitioned under ERISA section 4233, attach a full description of the transaction and label the attachment “Schedule MB, Lines 4d and 4e – Description of Benefit Reductions Due to Suspension or Partition.” In addition, only benefit reductions that are first reflected in line 1c(3) for the current year's Schedule MB should be reported, and this Line 4. Information on Plan Status. All multiemployer plans amount should not include any amounts previously reported on regardless of the number of participants must provide the any prior year's Schedule MB. information indicated in accordance with these instructions. Line 4f. If Code C (Critical Status) or Code D (Critical and Line 4a. All plans enter the funded percentage for monitoring Declining Status) was entered on line 4b you must complete the plan’s status. This is line 1b(2) divided by line 1c(3). line 4f as follows: Line 4b. Enter the code for the status of the multiemployer If the projections underlying the actuarial certification for the plan for the plan year, as certified by the plan actuary, (or as plan year indicate that the plan is: elected by the plan sponsor in accordance with Code section • Projected to emerge from critical status within 30 years, 432(b)(4)(A) and ERISA section 305(b)(4)(A)) using one of enter the plan year in which the plan is projected to emerge the following codes: from critical status. Code Plan Status • Projected to become insolvent within 30 years, check the E Endangered Status box provided and enter the plan year in which the S Seriously Endangered Status insolvency is expected. In addition, attach an illustration C Critical Status showing year-by-year cash flow projections for the period D Critical and Declining Status beginning with the plan year and ending with the year the N Not in Endangered or Critical Status plan is projected to become insolvent (or, if earlier, the 19 th year after the plan year) and a summary of the If the plan is certified to be in endangered status, seriously assumptions underlying the projections. Label this endangered status, critical status, or critical and declining attachment “Schedule MB, line 4f – Cash Flow status, attach a copy of the actuarial certification of such status Projections.” to this Schedule MB. Also attach an illustration showing the • Neither projected to emerge from critical status nor become details (including year-by-year cash flow projections insolvent within 30 years, enter “9999.” In addition, attach demonstrating the solvency of the plan over the relevant period an illustration showing year-by-year cash flow projections if the plan is certified as being in critical and declining status) for the 20-year period beginning with the plan year and a providing support for the actuarial certification of status and summary of the assumptions underlying the projections. label the illustration “Schedule MB, line 4b – Illustration Label this attachment “Schedule MB, line 4f – Cash Flow Supporting Actuarial Certification of Status.” For example, Projections.” if a plan is certified as being in critical status based on Code Line 5. Actuarial Cost Method. Enter the primary method section 432(b)(2)(B), show the funded percentage (if used. If the plan uses one actuarial cost method in one year as applicable) and the projection of the funding standard account the basis of establishing an accrued liability for use under the for the year in which the accumulated funding deficiency frozen initial liability method in subsequent years, answer as if occurs. All supporting documentation should include the frozen initial liability method was used in all years. The descriptions of the assumptions used. projected unit credit method is included in the “Accrued benefit -54- Instructions for Schedule MB (Form 5500) |
(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 methods and justifications for any such change (see section Changes in funding methods include changes in actuarial 103(d) of ERISA). Label the summary “Schedule MB, line 6 cost method, changes in asset valuation method, and changes – Summary of Plan Provisions.” in the valuation date of plan costs and liabilities or of plan 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 2022 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 section 1.431(c)(6)-1 of the Treasury Regulations must be used 412 applies. In addition, pursuant to PPA section 201(b), a in the calculation of current liability for non-disabled lives. Enter plan does NOT need advance approval from the IRS to the mortality table code for non-disabled lives used for valuation adopt or cease using the shortfall method if the plan (1) has 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 Mortality Table Code amortization period extension and did not operate under Mortality Tables with Base Year in 1970s or Earlier ............. 1 such an extension during such 5-year period. In such a case, check “Yes” for line 5l. If a plan utilizes this automatic Mortality Tables with Base Year in 1980s ........................... 2 approval to apply the shortfall method, the benefit increase Mortality Tables with Base Year in 1990s ........................... 3 limitations of Code section 412(c)(7) apply. Mortality table applicable to current plan year under If a plan is not eligible for automatic approval as set forth in the preceding paragraph, advance approval from the IRS section 1.431(c)(6)-1 of the Income Tax Regulations .......... 4 is required if the shortfall funding method is adopted at a RP-2014 ………………...………………….….…………....5 later time, if a specific computation method is changed, or if RP-2014 (Blue Collar) ……………………………….........6 the shortfall method is discontinued. In such a case there is no automatic limitation on benefit increases. RP-2014 (adjusted to 2006 Base Year) …………….…...7 Line 6. Actuarial Assumptions. If gender-based Pri-2012 .......................................................................... .8 assumptions are used in developing plan costs, enter those rates where appropriate in line 6. Note that requests for Pri-2012 (Blue Collar) ..................................................... 9 gender-based cost information do not suggest that gender- Other ................................................................................... A based benefits are legal. If unisex tables are used, enter the values in both “Male” and “Female” lines. Check “N/A” for None ................................................................................... 0 line 6b if the question is not applicable. Where an indicated table consists of separate tables for Attach a statement of actuarial assumptions (if not fully males and females, add F to the female table (e.g., 1F). described by line 6) and actuarial methods used to calculate When a projection is used with a table, follow the code with the figures shown in lines 1 and 9 (if not fully described by “P” and the year of projection (omit the year if the projection line 5), and label the statement “Schedule MB, line 6 – is unrelated to a single calendar year). The identity of the Statement of Actuarial Assumptions/Methods.” The projection scale should be omitted from line 6c, but a statement must describe all actuarial assumptions used to description of projection techniques, including the projection determine the liabilities. For example, the statement for non- scales used, should be included in the Schedule MB, line 6 traditional plans (e.g., cash balance plans) must include the – Statement of Actuarial Assumptions/Methods. When assumptions used to convert balances to annuities. an age setback or set forward is used, indicate with “ – ” or Instructions for Schedule MB (Form 5500) -55- |
“+” and the number of years. For example, if for females the value of the assets one year ago, and B is the current value of 1983 G.A.M. Table (solely per Revenue Ruling 95-28) with the assets on the current valuation date. Enter rates to the projection to 2021 is used with a 5-year setback, enter nearest .1 percent. If entering a negative number, enter a “2P21-5.” If the table is not one of those listed, enter “A” with minus sign (“ – ”) to the left of the number. no further notation. If the valuation assumes a maturity value Note. Use the above formula even if the actuary feels that the to provide the post-retirement income without separately result of using the formula does not represent the true identifying the mortality, interest and expense elements, estimated rate of return on the current value of plan assets for enter on line 6c, under “Post-retirement,” the value of $1.00 the 1-year period ending on the valuation date. The actuary of monthly pension beginning at the plan’s weighted average may attach a statement showing both the actuary’s estimate of retirement age, assuming the normal form of annuity for an the rate of return and the actuary’s calculations of that rate, unmarried person. In such a case, leave lines 6d and 6e and label the statement “Schedule MB, line 6h – Estimated 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 Line 6e. Salary Scale. If a uniform level annual rate of percentage of normal cost, the reported percentage in line salary increase is used, enter that annual rate. Otherwise, 6i(1) should be the expense load as a percent of the enter the level annual rate of salary increase that is unloaded normal cost. For example, if the expense load is equivalent to the rate(s) of salary increase used. Enter the 5% of the normal cost, the unloaded normal cost is $100,000 annual rate as a percentage to the nearest .01 percent, used and the reported normal cost is $105,000, enter 5%, not for a participant from age 25 to assumed retirement age. If 4.8% (i.e., $5,000/$105,000). Enter rates to the nearest .1 the plan’s benefit formula is not related to compensation, percent. check the “N/A” box. Line 7. New Amortization Bases Established. List all new Lines 6f(1) and 6(f)(2). Withdrawal Liability Interest Rate. amortization bases established in the current plan year (before In line 6f(1), check the box that describes the type of interest the combining of bases, if bases were combined). Use the rate assumption used to determine the present value of following table to indicate the type of base established and vested benefits for withdrawal liability determinations for enter the appropriate code under “Type of base.” List employers withdrawing during the plan year. If the present amortization bases and charges and/or credits as of the value of vested benefits noted above was not determined by valuation date. Bases that are considered fully amortized the time the Form 5500 is filed, check “N/A”. In addition: because there is a credit for the plan year on line 9j(3) should • If “Single rate” is checked, enter the single rate in line be listed. If entering a negative number, enter a minus sign (“– 6f(2). ”) to the left of the number. • If “Other” is checked, attach a description of the interest rate used for this purpose and label this attachment Code Type of Amortization Base “Schedule MB, line 6f(1) – Description of Withdrawal 1 Experience gain or loss Liability Interest Rate.” 2 Shortfall gain or loss Line 6g. Estimated Investment Return – Actuarial Value. 3 Change in unfunded liability due to plan Enter the estimated rate of return on the actuarial value of amendment plan assets for the 1-year period ending on the valuation 4 Change in unfunded liability due to change in date. For this purpose, the rate of return is determined by actuarial assumptions using the formula 2I/(A + B – I), where I is the dollar amount 5 Change in unfunded liability due to change in of the investment return under the asset valuation method actuarial cost method used for the plan, A is the actuarial value of the assets one 6 Waiver of the minimum funding standard year ago, and B is the actuarial value of the assets on the 7 Initial unfunded liability (for new plan) current valuation date. Enter rates to the nearest .1 percent. 8 Net investment losses and other losses related to If entering a negative number, enter a minus sign (“ – ”) to the virus SARS-CoV-2 or coronavirus disease the left of the number. 2019 (COVID) incurred in either or both of the first Note. Use the above formula even if the actuary feels that the two plan years ending after February 29, 2020 result of using the formula does not represent the true estimated rate of return on the actuarial value of plan assets for For purposes of Code 8, other losses related to COVID-19 the 1-year period ending on the valuation date. The actuary include (but are not limited to) losses related to reductions in may attach a statement showing both the actuary’s estimate of contributions, reductions in employment, and deviations from the rate of return and the actuary’s calculations of that rate, anticipated retirement rates, as determined by the plan and label the statement “Schedule MB, line 6g – Estimated sponsor. Rate of Investment Return (Actuarial Value).” Line 8a and 8d. Funding Waivers or Extensions. If a Line 6h. Estimated Investment Return – Current (Market) funding waiver or extension request is approved after the Value. Enter the estimated rate of return on the current value Schedule MB is filed, an amended Schedule MB must be of plan assets for the 1-year period ending on the valuation filed with Form 5500 to report the waiver or extension date. (The current value is the same as the fair market value — approval (also see instructions for line 9k(1)). see line 1b(1) instructions.) For this purpose, the rate of return Line 8b(1). Schedule of Projection of Expected Benefit is determined by using the formula 2I/(A + B – I), where I is Payments. Check “Yes” only if this is a multiemployer plan the dollar amount of the investment return, A is the current covered by Title IV of ERISA that has 1,000 or more total -56- Instructions for Schedule MB (Form 5500) |
participants as of the beginning of the plan year (i.e., the format shown below and label the attachment “Schedule reported on line 2b(4), column (1)). MB, line 8b(2) – Schedule of Active Participant Data.” If line 8b(1) is “Yes,” in an attachment, provide a The attachment may be provided in a spreadsheet file (CSV projection of benefits expected to be paid separately for format). active participants, terminated vested participants, and Expand this schedule by adding columns after the “5 to retired participants and beneficiaries receiving payments, 9” column and before the “40 & up” column for active and for the entire plan (not to include expected expenses) in participants with total years of credited service in the each of the next fifty years starting with the plan year and following ranges: 10 to 14; 15 to 19; 20 to 24; 25 to 29; 30 to based on the participant’s status as of the valuation date. 34; and 35 to 39. For each column, enter the number of For purposes of this projection, assume (1) no additional active participants with the specified number of years of accruals, (2) experience (e.g., termination, mortality, and credited service divided according to age group. For retirement) is in line with valuation assumptions, (3) no new participants with partial years of credited service, truncate entrants, and (4) benefits are paid in the form assumed for the total number of years of credited service. Years of valuation purposes. credited service are the years credited under the plan’s Use the format shown below and label the schedule benefit formula. “Schedule MB, line 8b(1) – Schedule of Projection of Plans reporting 1,000 or more active participants on line Expected Benefit Payments.” The attachment may be 2b(3)(c), column (1), and using compensation to determine provided in a spreadsheet file (CSV format). benefits must also provide average compensation data. For Schedule MB, line 8b(1) – Schedule of Projection of Expected each grouping, enter the average compensation of the active Benefit Payments participants in that group. For this purpose, compensation is the compensation taken into account for each participant Retired under the plan’s benefit formula, limited to the amount Participants and defined under section 401(a)(17) of the Code. Do not enter Terminated Beneficiaries the average compensation in any grouping that contains Active Vested Receiving Plan Year Participants Participants Payments Total fewer than 20 participants. Plans reporting 1,000 or more active participants on line Current 2b(3)(c), column (1), must also provide average accrued Plan Year monthly benefits, as of the valuation date, that are payable at normal retirement age. For each grouping, enter the Current average accrued monthly benefit that is payable at normal Plan Year retirement age for the active participants in that group. Do + 1 not enter the average accrued monthly benefit in any Etc. grouping that contains fewer than 20 participants. General Rule. In general, data to be shown in each Current age/service bin includes: Plan Year 1. the number of active participants in the age/service + 49 bin, 2. the average compensation of the active participants in the age/service bin, and Line 8b(2). Schedule of Active Participant Data. Check 3. the average accrued monthly benefit payable at “Yes” only if this is a multiemployer plan covered by Title IV normal retirement age of the active participants in the of ERISA that has active participants. age/service bin, using $0 for anyone who has no accrued monthly benefit. 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 If line 8b(2) is “Yes,” attach a schedule of the active plan participant data used in the valuation for this plan year. Use Instructions for Schedule MB (Form 5500) -57- |
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 Line 8b(3). Schedule of Projection of Employer credit balances or funding deficiencies are not equal, attach Contributions and Withdrawal Liability Payments. Check an explanation and label the attachment “Schedule MB, line “Yes” only if this is a multiemployer plan covered by Title IV 9f – Explanation of Prior Year Credit Balance/Funding of ERISA that has 1,000 or more total participants as of the Deficiency Discrepancy.” For example, if the difference is beginning of the plan year (i.e., reported on line 2b(4), because contributions for a prior year that were not column (1)). If line 8b(3) is “Yes,” in an attachment, previously reported are received this plan year, attach a separately provide a projection of employer contributions listing of the amounts and dates of such contributions. As and withdrawal liability payments expected to be received for another example, if the difference is due to the application of the entire plan in each of the next ten plan year starting with funding relief under the Preservation of Access to Care for the plan year. For purposes of this projection, use the Medicare Beneficiaries and Pension Relief Act of 2010 (PRA assumption used to determine the plan’s status under line 2010), Pub. L. No. 111-192, the attachment should show 4b. Use the format shown below and label the schedule how the information on the Schedule MB filed for any “Schedule MB, line 8b(3) – Schedule of Projection of previous plan year would have differed if it had reflected Employer Contributions and Withdrawal Liability application of the special funding relief in accordance with Payments.” The attachment may be provided in a published guidance (to the extent that the plan sponsor has spreadsheet file (CSV format). applied the special funding relief). Line 9j(1). ERISA Full Funding Limitation. Instructions for Schedule MB, line 8b(3) – Schedule of Projection of Employer this line are reserved pending published guidance. Contributions and Withdrawal Liability Payments Line 9j(2). “RPA ’94” Override. Instructions for this line are Withdrawal reserved pending published guidance. Employer Liability Plan Year Contributions Payments Total Line 9j(3). Full Funding Credit. Enter the excess of (1) the accumulated funding deficiency, disregarding the credit Current balance and contributions for the current year, if any, over Plan Year (2) the greater of lines 9j(1) or 9j(2). Line 9k(1). Waived Funding Deficiency Credit. Enter a Current credit for a waived funding deficiency for the current plan Plan Year + 1 year (Code section 431(b)(3)(C)). If a waiver of a funding deficiency is pending, report a funding deficiency. If the waiver is granted after Form 5500 or Form 5500-SF is filed, Etc. file an amended Form 5500 or Form 5500-SF, as applicable, with an amended Schedule MB to report the funding waiver Current (see Amended Return/Report in the instructions for Form plan year + 5500 or line B – Box for Amended Return/Report in the 9 instructions for Form 5500-SF, as applicable). Line 9. Shortfall Method. Under the shortfall method of Line 9k(2). Other Credits. Enter a credit in the case of a funding, the normal cost in the funding standard account is plan for which the accumulated funding deficiency is the charge per unit of production (or per unit of service) determined under the funding standard account if such plan multiplied by the actual number of units of production (or year follows a plan year for which such deficiency was units of service) that occurred during the plan year. Each determined under the alternative minimum funding standard. amortization installment in the funding standard account is Line 9o. Reconciliation Account. The reconciliation similarly calculated. account is made up of those components that upset the Lines 9c and 9h. Amortization Charges and Credits. If balance equation of Treasury Regulations section there are any amortization charges or credits, attach a 1.412(c)(3)-1(b). Valuation assets must not be adjusted by maintenance schedule of funding standard account bases the reconciliation account balance when computing the and label the schedule “Schedule MB, lines 9c and 9h – required minimum funding. Schedule of Funding Standard Account Bases.” The Line 9o(1). This amount is equal to the prior year’s attachment should clearly indicate the type of base (i.e., accumulated reconciliation amount due to prior waived original unfunded liability, amendments, actuarial losses, funding deficiencies, increased with interest at the valuation etc.), the outstanding balance of each base, the number of rate to the current valuation date. years remaining in the amortization period, and the Line 9o(2)(a). If an amortization extension is being amortization amount. If bases were combined in the current amortized at an interest rate that differs from the valuation year, the attachment should show information on bases both rate, enter the prior year’s “reconciliation amortization prior to and after the combining of bases. extension outstanding balance,” increased with interest at The outstanding balance and amortization charges and the valuation interest rate to the current valuation date, and credits must be calculated as of the valuation date for the decreased by the year end amortization amount based on plan year. the amortization interest rate from the prior plan year. Line 9c(3) should only include information related to the Line 9o(3). Enter the sum of lines 9o(1) and 9o(2)(b) (each amortization bases extended and amortized using the adjusted with interest at the valuation rate to the current interest rate under section 6621(b) of the Code. valuation date, if necessary). -58- Instructions for Schedule MB (Form 5500) |
Note. The net outstanding balance of amortization charges Plans, with the IRS to pay the excise tax on the funding and credits minus the prior year’s credit balance minus the deficiency. There is a penalty for not filing the Form 5330 on amount on line 9o(3) (each adjusted with interest at the time. valuation rate, if necessary) must equal the unfunded Line 11. In accordance with ERISA section 103(d)(3), attach liability. a justification for any change in actuarial assumptions for the Line 10. Contribution Necessary to Avoid Deficiency. current plan year and label the attachment “Schedule MB, Enter the amount from line 9n. If applicable, file IRS Form line 11 – Justification for Change in Actuarial 5330, Return of Excise Taxes Related to Employee Benefit Assumptions.” Instructions for Schedule MB (Form 5500) -59- |
Specific Instructions 2022 Instructions for Schedule R Lines A, B, C, and D. This information must be the same as (Form 5500) reported in Part II of the Form 5500 to which this Schedule R is attached. Retirement Plan Information Do not use a social security number in line D instead of an EIN. Schedule R and its attachments are open to public General Instructions inspection, and the contents are public information and are Purpose of Schedule subject to publication on the Internet. Because of privacy Schedule R (Form 5500) reports certain information on concerns, the inclusion of a social security number or any portion retirement plan distributions, funding, nondiscrimination, thereof on Schedule R or any of its attachments may result in the coverage, and the adoption of amendments, as well as certain rejection of the filing. information on single employer and multiemployer defined You can apply for an EIN from the IRS online, by fax, benefit plans. or by mail depending on how soon you need to use the Electronic Attachments. All attachments to Schedule R must EIN. For more information, see Section 3: Electronic Filing be properly identified, must include the name of the plan, plan Requirement. The EBSA does not issue EINs. sponsor’s EIN, and plan number. Place “Schedule R” and the “Participant” for purposes of Schedule R, means any Schedule R line number at the top of each attachment to present or former employee who at any time during the identify the information to which the attachment relates. Do not plan year had an accrued benefit in the plan (account include attachments that contain a visible social security balance in a defined contribution plan). number. The Schedule R and its attachments are open to Part I – Distributions public inspection, and the contents are subject to publication on the Internet. Because of privacy concerns, the inclusion of a “Distribution” includes only payments of benefits during the visible social security number or any portion thereof on an plan year, in cash, in kind, by purchase for the distributee of an attachment may result in the rejection of the filing. annuity contract from an insurance company, or by distribution of life insurance contracts. It does not include: Who Must File 1. Corrective distributions of excess deferrals, excess Schedule R must be attached to a Form 5500 filed for both tax- contributions, or excess aggregate contributions, or the income qualified and nonqualified pension benefit plans. The parts of allocable to any of these amounts; Schedule R that must be completed depend on whether the 2. Distributions of automatic contributions pursuant to Code plan is subject to the minimum funding standards of Code section 414(w); section 412 or ERISA section 302 and the type of plan. See 3. The distribution of elective deferrals or the return of line item requirements under Specific Instructions for more employee contributions to correct excess annual additions details. under Code section 415, or the gains attributable to these Exceptions: (1) Schedule R should not be completed when amounts; and the Form 5500 Annual Return/Report is filed for a pension plan 4. A loan deemed as a distribution under Code section that uses, as the sole funding vehicle for providing benefits, 72(p). individual retirement accounts or annuities (as described in Note. It does, however, include a distribution of a plan loan Code section 408). See the Form 5500 instructions for Limited offset amount as defined in Treasury Regulations section Pension Plan Reporting for more information. 1.402(c)-2, Q&A 9(b). (2) Schedule R also should not be completed if all of the Line 1. Enter the total value of all distributions made during the following conditions are met: year (regardless of when the distribution began) in any form • The plan is not a defined benefit plan or otherwise subject to other than cash, annuity contracts issued by an insurance the minimum funding standards of Code Section 412 or ERISA company, distribution of life insurance contracts, marketable section 302. securities within the meaning of Code section 731(c)(2), or • No plan benefits that would be reportable on Line 1 of Part I plan loan offset amounts. Do not include eligible rollover of this schedule R were distributed during the plan year. See distributions paid directly to eligible retirement plans in a direct instructions for Part I, Line 1 below. rollover under Code section 401(a)(31) unless such direct • No benefits, as described in the instructions Part I, line 2, rollovers include property other than that enumerated in the below, were paid during the plan year other than by the plan preceding sentence. sponsor or plan administrator. (This condition is not met if Line 2. Enter the EIN(s) of any payor(s) (other than the plan benefits were paid by the trust or any other payor(s) which are sponsor or plan administrator on line 2b or 3b of the Form reportable on IRS Form 1099-R, Distributions from Pensions, 5500) who paid benefits reportable on IRS Form 1099-R on Annuities, Retirement, or Profit-Sharing Plans, IRAs, Insurance behalf of the plan to participants or beneficiaries during the contracts, etc, using an EIN other than that of the plan sponsor plan year. This is the EIN that appears on the IRS Forms or plan administrator reported on line 2b or 3b of form 5500.) 1099-R that are issued to report the payments. Include the EIN • Unless the plan is a profit-sharing, ESOP, or stock bonus of the trust if different than that of the sponsor or plan plan, no plan benefits of living or deceased participants were administrator. If more than two payors made such payments distributed during the plan year in the form of a single-sum during the year, enter the EINs of the two payors who paid the distribution. See the instructions for Part I, line 3, below. greatest dollar amounts during the year. For purposes of this • The plan is not an ESOP. line 2, take into account all payments made during the plan • The plan is not a multiemployer defined benefit plan. year, in cash or in kind, that are reportable on IRS Form 1099- 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. -60- Instructions for Schedule R (Form 5500) |
Line 3. Enter the number of living or deceased participants amortized, complete lines 3, 9, and 10 of Schedule MB. See whose benefits under the plan were distributed during the plan instructions for Schedule MB. Attach Schedule MB to Form year in the form of a single-sum distribution. For this purpose, 5500. The Schedule MB for a money purchase defined a distribution of a participant’s benefits will not fail to be a contribution plan does not need to be signed by an enrolled single-sum distribution merely because, after the date of the actuary. distribution, the plan makes a supplemental distribution as a Line 6a. The minimum required contribution for a money result of earnings or other adjustments made after the date of purchase defined contribution plan (including a target benefit the single-sum distribution. Also include any participants plan) for a plan year is the amount required to be contributed whose benefits were distributed in the form of a direct rollover for the year under the formula set forth in the plan document. If to the trustee or custodian of a qualified plan or individual there is an accumulated funding deficiency for a prior year that retirement account. has not been waived, that amount should also be included as Part II – Funding Information part of the contribution required for the current year. Complete Part II only if the plan is subject to the minimum Line 6b. Include all contributions for the plan year made not funding requirements of Code section 412 or ERISA section later than 8 ½ months after the end of the plan year. Show only 302. contributions actually made to the plan by the date the form is All qualified defined benefit and defined contribution plans filed. For example, do not include receivable contributions for are subject to the minimum funding requirements of Code this purpose. section 412 unless they are described in the exceptions listed Line 6c. If the minimum required contribution exceeds the under Code section 412(e)(2). These exceptions include profit- contributions for the plan year made not later than 81/ 2months sharing or stock bonus plans, insurance contract plans after the end of the plan year, the excess is an accumulated described in Code section 412(e)(3), and certain plans to funding deficiency for the plan year. File IRS Form 5330, 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 • Check “Increase” if an amendment was adopted during either approved the amendment or failed to disapprove the 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 Instructions for Schedule R (Form 5500) -61- |
of the plan to new employees, or accruals being frozen for “Schedule R,Summary of Rehabilitation Plan ” as some or all participants. appropriate, and if applicable, “Schedule R, Update of • If the amendments that were adopted increased the Funding Improvement Plan or Rehabilitation Plan.” Each value of some benefits but decreased the value of others, attachment must also include the plan name, the plan check “Both.” sponsor’s name and EIN, and the plan number. Part IV – ESOP Information Line 13. This line should be completed only by multiemployer Line 11b. A loan is a “back-to-back loan” if the following defined benefit pension plans that are subject to the minimum requirements are satisfied: funding standards (see Code section 412 and Part 3 of Title I of ERISA). Enter the information on lines 13a through 13e for 1. The loan from the employer corporation to the ESOP any employer that, for the plan year, (1) contributed more than qualifies as an exempt loan under DOL regulations at 29 CFR five (5) percent of the plan’s total contributions or (2) was one 2550.408b-3 and under Treasury Regulations sections of the top-ten highest contributors. List employers in 54.4975-7 and 54.4975-11; and descending order according to the dollar amount of their 2. The repayment terms of the loan from the sponsoring contributions to the plan. Complete as many entries as are corporation to the ESOP are substantially similar to the necessary to list all employers that are required to be reported. repayment terms of the loan from the commercial lender to the Line 13a. Enter the name of the employer contributing to the sponsoring employer. plan. Part V – Additional Employer Information for Line 13b. Enter the EIN of the employer contributing to the Multiemployer Defined Benefit Pension Plans plan. Do not enter a social security number in lieu of an EIN; If this is not a multiemployer plan, skip this Part. therefore, ensure that you have the employer’s EIN and not a social security number. The Form 5500 is open to public Required attachments. Multiemployer defined benefit plans inspection, and the contents are public information and are that are in Endangered Status, Critical Status, or Critical and subject to publication on the Internet. Because of privacy Declining Status must attach a summary of their Funding concerns, the inclusion of a social security number or any Improvement Plan or Rehabilitation Plan (as updated, if portion thereof on this line may result in the rejection of the applicable) and also any update to a Funding Improvement filing. Plan or Rehabilitation Plan. EINs can be obtained from the IRS online, by fax, or by The summary of any Funding Improvement Plan or mail depending on when you need to use the EIN. For more Rehabilitation Plan must reflect such plan in effect at the end of information, see Section 3: Electronic Filing Requirement. The the plan year (whether the original Funding Improvement Plan EBSA does not issue EINs. or Rehabilitation Plan or as updated) and must include a 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 Line 13d. Collective Bargaining Agreement Expiration extended Funding Improvement Period (of 13 or 18 years) or Date. Enter the date on which the employer’s collective Rehabilitation Period (of 13 years) applies because of an bargaining agreement expires. If the employer has more than election under section 205 of the Worker, Retiree, and one collective bargaining agreement requiring contributions to Employer Recovery Act of 2008 (“WRERA”), the summary the plan, check the box and include, as an attachment, the must include a statement to that effect and the date that the expiration date of each collective bargaining agreement election was filed with the IRS. (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 Line 13e. Contribution Rate Information. Enter the has determined that, based on reasonable actuarial contribution rate (in dollars and cents) per contribution base assumptions and upon exhaustion of all reasonable measures, unit in line 13e(1) and the base unit measure in line 13e(2). the plan cannot emerge from Critical Status by the end of the Indicate whether the base unit is measured on an hourly, Rehabilitation Period as described in Code section weekly, unit-of-production, or other basis. If “other,” specify the 432(e)(3)(A)(ii), the summary must include an explanation of base unit measure used. If the contribution rate changed the alternatives considered, why the plan is not reasonably during the plan year, enter the last contribution rate in effect for expected to emerge from Critical Status by the end of the the plan year. Rehabilitation Period, and when, if ever, it is expected to If the employer has different contribution rates for different emerge from Critical Status under the Rehabilitation Plan. classifications of employees or different places of business, The plan sponsor is required to annually update a Funding check the box in the first line of line 13e and list in an Improvement Plan or Rehabilitation Plan that was adopted in a attachment each contribution rate and corresponding base unit prior year. The update must be filed as an attachment to the measure under which the employer made contributions Schedule R. The update attachment must identify the (regardless of the amount of contributions resulting from each modifications made to the Funding Improvement Plan or rate). Label the attachment: “Schedule R, line 13e – Rehabilitation Plan during the plan year, including contribution Information on Contribution Rates and Base Units.” Include increases, benefit reductions, or other actions. the plan name and the sponsor’s name and EIN. The attachment described above must be labeled Line 14. Enter the number of deferred vested and retired “Schedule R, Summary of Funding Improvement Plan,” or participants (inactive participants), as of the beginning of the -62- Instructions for Schedule R (Form 5500) |
plan year, whose contributing employer is no longer making of employers still active in the plan (unless the collective contributions to the plan. Generally, if there has been a prior bargaining agreement specifically requires the employer to withdrawal, unless all former vested participants of the make contributions for such participants). withdrawn employer have been reemployed with a currently Line 15a. Enter the ratio of the number of participants as contributing employer, this line should not be zero. Plans must described in the line 15 instructions for the 2022 plan year to use one of the following counting methods to count these the number for the 2021 plan year. inactive participants. Line 15b. Enter the ratio of the number of participants as 1. Under the last contributing employer method, count described on the line 15 instructions for the 2022 plan year to only those inactive participants whose last contributing the number for the 2020 plan year. employer had withdrawn from the plan by the beginning of the relevant plan year. Disregard any inactive participants whose Note. Withdrawal liability payments are not to be treated as most recent employers had not withdrawn from the plan. Thus, contributions for determining the number of participants on line for the limited purposes of line 14 and notwithstanding any 15. contrary definition of such inactive participants applicable Line 16a. Enter the number of employers that withdrew from elsewhere, inactive participants of employers who have not the plan during the 2021 plan year. withdrawn from the plan should not be included in these Line 16b. If line 16a is greater than zero, enter the aggregate numbers; amount of withdrawal liability assessed against these 2. Under the alternative method count only those inactive employers. If the withdrawal liability for one or more participants whose last contributing employer and all prior withdrawing employers has not yet been determined, include contributing employers had withdrawn from the plan by the the amounts estimated to be assessed against them in the 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 2022 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 2022 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 2022 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 2021 plan year. For single-employer plans, the funded change. percentage is the funding target attainment percentage, where the numerator is the value of plan assets reduced by the sum For any required attachment for line 14, label the attachment of the amount of the prefunding balance and the funding “Schedule R, Line 14 – Information on Inactive standard carryover balance, and the denominator is the Participants Whose Contributing Employer is No Longer funding target for the plan (for this purpose, if the plan is in at Making Contributions to the Plan.” 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 2022 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 Instructions for Schedule R (Form 5500) -63- |
have been reported. Label the attachment “Schedule R, line Line 20b. In general, a PBGC-insured single-employer plan 18 –Funded Percentage of Plans Contributing to the must notify PBGC if a required contribution is not made by its Liabilities of Plan Participants” and include the plan name due date. With the exception of situations where the and the plan sponsor’s name and EIN. accumulated value of missed contributions exceeds $1 million, Line 19. This line must be completed for all defined benefit PBGC waives reporting if contributions equal to or exceeding pension plans (except DFEs) with 1,000 or more participants at the missed amount are made by the 30 thday after the due the beginning of the plan year. To determine if the plan has date. For more information, see 29 CFR 4043.25 and 4043.81 1,000 or more participants, use the participant count shown on and the filing instructions for PBGC Forms 10 and 200. line 3d(1) of the Schedule SB for single-employer plans or on If PBGC has been notified of the missed contribution, check line 2b(4)(1) of the Schedule MB for multiemployer plans. the “Yes” box. Otherwise, check the box that best explains why Line 19a. Show the beginning-of-year distribution of assets for PBGC wasn’t notified. If the “No. Other. Provide explanation” the categories shown. Use the market value of assets and do box is checked, provide an explanation as to why PBGC wasn’t not include the value of any receivables. These percentages, notified (e.g., “The due date for filing Form 10 has not yet expressed to the nearest whole percent, should reflect the total passed; the plan administrator intends to file Form 10 with assets held in stocks, investment-grade debt instruments, high- PBGC shortly” or “Reporting was waived under 29 CFR yield debt instruments, real estate, or other asset classes, 4043.25(c)(3) because the unpaid contribution resulted solely regardless of how they are listed on the Schedule H. The from an administrative error related to an election to use a pre- percentages in the five categories should sum to 100 percent. funding balance”). Assets held in trusts, accounts, mutual funds, and other investment arrangements should be disaggregated and properly distributed among the five asset components. The assets in these trusts, accounts, mutual funds, and investment arrangements should not be included in the “Other” component unless these investments contain no stocks, bonds, or real estate holdings. The same methodology should be used in disaggregating trust assets as is used when disclosing the allocation of plan assets on the sponsor’s 10-K filings to the Securities and Exchange Commission. Real estate investment trusts (REITs) should be listed with stocks, while real estate limited partnerships should be included in the Real Estate category. Investment-grade debt-instruments are those with an S&P rating of BBB – or higher, a Moody’s rating of Baa3 or higher, or an equivalent rating from another rating agency. High-yield debt instruments are those that have ratings below these rating levels. If the debt does not have a rating, it should be included in the “high-yield” category if it does not have the backing of a government entity. Unrated debt with the backing of a government entity would generally be included in the “investment-grade” category unless it is generally accepted that the debt should be considered as “high-yield.” Use the ratings in effect as of the beginning of the plan year. Line 19b. Check the box that shows the average duration of the plan’s combined investment-grade and high-yield debt portfolio. If the average duration falls exactly on the boundary of two boxes, check the box with the lower duration. To determine the average duration, use the “effective duration” or any other generally accepted measure of duration. Report the duration measure used in line 19c. If debt instruments are held in multiple debt portfolios, report the weighted average of the average durations of the various portfolios where the weights are the dollar values of the individual portfolios. Line 20. This line must be completed for all single-employer defined benefit plans that are covered by PBGC. Line 20a. If the amount reported on Schedule SB (Form 5500) line 40 is greater than $0, check the “Yes” box and complete line 20b. Otherwise, check “No” and skip line 20b. -64- Instructions for Schedule R (Form 5500) |
instructions in the Note above, pertaining to “one-participant 2022 Instructions for Schedule SB plans”). (Form 5500) Note. This schedule is not filed for a multiemployer plan nor for a money purchase defined contribution plan (including a target Single-Employer Defined Benefit Plan benefit plan) for which a waiver of the minimum funding Actuarial Information requirements is currently being amortized. Information for these plans must be filed using Schedule MB (Form 5500). General Instructions Specific Instructions Note.To the extent that regulations and other items of Lines A through F. Identifying Information. Lines A – F published guidance under Code sections 430 and 436 do not must be completed for all plans. Lines A through D should take into account statutory changes since those regulations include the same information as reported in corresponding were issued, plan sponsors must take into account the lines in Part II of the Form 5500, Form 5500-SF, or Form 5500- provisions of the Worker, Retiree, and Employer Recovery Act EZ filed for the plan. You may abbreviate the plan name (if of 2008 (“WRERA”), Pub. L. No. 110-458, the Preservation of necessary) to fit in the space provided. Access to Care for Medicare Beneficiaries and Pension Relief Do not use a social security number in line D instead of an Act of 2010 (“PRA 2010”), Pub. L. No. 111-192, Moving Ahead EIN. The Schedule SB and its attachments are open to public for Progress in the 21 stCentury Act (“MAP-21”), Pub. L. No. inspection if filed with a Form 5500 or Form 5500-SF, and the 112-141, the Cooperative and Small Employer Charity Pension contents are public information and are generally subject to Flexibility Act of 2014 (“CSEC Act”), Pub. L. No. 113-97, the publication on the Internet. Because of privacy concerns, the Highway and Transportation Funding Act of 2014 (HATFA), inclusion of a social security number or any portion thereof on Pub. L. No. 113-159, and the Bipartisan Budget Act of 2015 the Schedule SB or any of its attachments may result in the (BBA’15), Pub. L. No. 114-74, and any other amendments to rejection of the filing. the funding rules that are enacted. You can apply for an EIN from the IRS online, by fax, or by Who Must File mail depending on how soon you need to use the EIN. For As the first step, the plan administrator of any single-employer more information, see Section 3: Electronic Filing Requirement defined benefit plan (including a multiple-employer defined under General Instructions to Form 5500. The EBSA does not benefit plan) that is subject to the minimum funding standards issue EINs. (see Code section 412 and Part 3 of Title I of ERISA) must Line E. Type of Plan. Check the applicable box to indicate the obtain a completed Schedule SB (including attachments) that type of plan. A single-employer plan for this reporting purpose is prepared and signed by the plan’s enrolled actuary as is an employee benefit plan maintained by one employer or discussed below in the Statement by Enrolled Actuary section. one employee organization. A multiple-employer plan is a plan The plan administrator must retain with the plan records the that is maintained by more than one employer, but is not a Schedule SB that is prepared and signed by the plan’s actuary. multiemployer plan. (See the Instructions for Form 5500, box A Next, the plan administrator must ensure that the for additional information on the definition of a multiemployer information from the actuary’s Schedule SB is entered plan.) electronically into the annual return/report being submitted. ● Check “Single” if the Form 5500, Form 5500-SF, or Form When entering the information, whether using EFAST2- 5500-EZ is filed for a single-employer plan (including a plan approved software or EFAST2’s web-based filing system, all maintained by more than one member of the same controlled the fields required for the type of plan must be completed (see group). instructions for fields that need to be completed). ● Check “Multiple-A” if the Form 5500 or Form 5500-SF is Further, the plan administrator of a single-employer defined being filed for a multiple-employer plan and the plan is subject benefit plan must attach to the Form 5500 or Form 5500-SF an to the rules of Code section 413(c)(4)(A) (i.e., it is funded as if electronic reproduction of the Schedule SB (including each employer were maintaining a separate plan). This attachments) prepared and signed by the plan’s enrolled includes plans established before January 1, 1989, for which actuary. This electronic reproduction must be labeled “SB an election was made to fund in accordance with Code section Actuary Signature” and must be included as a Portable 413(c)(4)(A). Document Format (PDF) attachment or any alternative ● Check “Multiple-B” if the Form 5500 or Form 5500-SF is electronic attachment allowable under EFAST2. being filed for a multiple-employer plan and the plan is subject Note. The Schedule SB (Form 5500) does not have to be filed to the rules of Code section 413(c)(4)(B) (i.e., it is funded as if with the Form 5500-EZ regardless of whether it is filed on all participants were employed by a single employer). paper with the IRS or electronically with EFAST2, but it must If “Multiple-A” is checked, with the exception of Part III, the be retained in accordance with the Instructions for Form 5500- data entered on Schedule SB should be the sum of the EZ under the What to File section. The enrolled actuary must individual amounts computed for each employer. The complete and sign the Schedule SB and forward it to the percentages reported in Part III should be calculated based on person responsible for filing the Form 5500-EZ, even if the the reported aggregate numbers rather than by summing up Schedule SB is not filed. the individual percentages. The Schedule SB data for each Check the Schedule SB box on the Form 5500 (Part II, line employer’s portion of the plan must be submitted as an 10a(3)) if a Schedule SB is attached to Form 5500. Check attachment. This is accomplished by completing and attaching “Yes” on line 11 in Part VI of the Form 5500-SF if a Schedule a Schedule SB for each employer or by attaching a document SB is required to be prepared for the plan, even if Schedule SB containing that information (e.g., a table showing a row for is not required to be attached to Form 5500-SF (see each Schedule SB data item and a column for each Instructions for Schedule SB (Form 5500) -65- |
employer). Label the attachment “Schedule SB – Information under insurance contracts held by the plan and whether to for Each Individual Employer.” include the value of the insurance contracts in plan assets. Line F. Prior Year Plan Size. Check the applicable box based (2) For terminating plans, Revenue Ruling 79-237, 1979-2 on the highest number of participants (both active and inactive) C.B. 190, provides that minimum funding standards apply until on any day of the preceding plan year, taking into account the end of the plan year that includes the termination date. participants in all defined benefit plans maintained by the same Accordingly, the Schedule SB is not required to be filed for any employer (or any member of such employer’s controlled group) later plan year. However, if a termination fails to occur — who are or were also employees of that employer or member. whether because assets remain in the plan’s related trust (see For this purpose, participants whose only defined benefit plan Revenue Ruling 89-87, 1989-2 C.B. 81) or for any other is a multiemployer plan (as defined in Code section 414(f)) are reason (e.g., the PBGC issues a notice of noncompliance not counted, and participants who are covered in more than pursuant to 29 CFR section 4041.31 for a standard one of the defined benefit plans described above are counted termination) — there is no termination date, and therefore, only once. Inactive participants include vested terminated and minimum funding standards continue to apply and a Schedule retired employees as well as beneficiaries of deceased SB continues to be required. participants. If this is the first plan year that a plan described in Statement by Enrolled Actuary this paragraph exists, complete this line based on the highest number of participants that the plan was reasonably expected An enrolled actuary must sign Schedule SB. The signature of to have on any day during the first plan year. the enrolled actuary may be qualified to state that it is subject to attached qualifications. See Treasury Regulations section General Instructions, Parts I through IX, Statement 301.6059-1(d) for permitted qualifications. If the actuary has by Enrolled Actuary, and Attachments not fully reflected any final or temporary regulation, revenue Except as noted below, Parts I through VIII must be completed ruling, or notice promulgated under the statute in completing for all single and multiple-employer defined benefit plans, the Schedule SB, check the box on the last line of page 1. If regardless of size or type. See instructions for line 27 for this box is checked, indicate on an attachment whether any additional information to be provided for certain plans with unpaid required contribution or a contribution that is not wholly special circumstances. Part IX is completed only for those deductible would result if the actuary had fully reflected such plans for which an alternative amortization schedule was regulation, revenue ruling, or notice, and label this attachment elected under section 430(c)(2)(D) of the Code or section “Schedule SB – Statement by Enrolled Actuary.” In 303(c)(2)(D) of ERISA, as amended by PRA 2010. addition, the actuary may offer any other comments related to PPA provides funding relief for certain defined benefit plans the information contained in Schedule SB. Except as otherwise (other than multiemployer plans) maintained by a commercial provided in these instructions, a stamped or machine produced passenger airline or by an employer whose principal business signature is not acceptable. is providing catering services to a commercial passenger The actuary must provide the completed and signed airline, based on an alternative 17-year funding schedule. Schedule SB to the plan administrator to be retained with the Plans using this funding relief do not need to complete the plan records and included (in accordance with these entire Schedule SB, but are required to provide supplemental instructions) with the Form 5500 or Form 5500-SF that is information as an attachment to Schedule SB. See the submitted under EFAST2. The plan’s actuary is permitted to instructions for line 27 for more information about which lines sign the Schedule SB on page one using the actuary’s of Schedule SB need to be completed and what additional signature or by inserting the actuary’s typed name in the attachments are required. signature line followed by the actuary’s handwritten initials. Code section 430(h)(2)(C)(iv) and ERISA section The actuary’s most recent enrollment number must be entered 302(h)(2)(C)(iv) provide that, for certain purposes, each of the on the Schedule SB that is prepared and signed by the plan’s three segment rates described in those sections is adjusted as actuary. necessary to fall within a specified range that is determined Attachments based on an average of the corresponding segment rates for All attachments to the Schedule SB must be properly identified the 25-year period ending on September 30 of the calendar as attachments to the Schedule SB, and must include the year preceding the first day of the plan year. Accordingly, if the name of the plan, plan sponsor’s EIN, plan number, and line funding target and target normal cost for a plan are determined number to which the schedule relates. using the segment rates, the segment rates used to determine the minimum required contribution and the adjusted funding Do not include attachments that contain a visible social target attainment percentage (“AFTAP”) used to apply funding- security number. Except for certain one-participant plans, the based benefit restrictions under Code section 436 and ERISA Schedule SB and its attachments are open to public section 206(g) may be different from those used for other inspection, and the contents are public information and are purposes (such as the segment rates used to determine the subject to publication on the Internet. Because of privacy deductible limit under Code section 404(o)). In such cases, concerns, the inclusion of a visible social security number or report all information on Schedule SB reflecting the any portion thereof on an attachment may result in the assumptions used to determine the minimum required rejection of the filing. contribution and the AFTAP used to apply funding-based The first year Schedule SB attachment for a plan benefit restrictions. retroactively adopted pursuant to SECURE Act section 201. If Note. (1) For a plan funded with insurance (other than a plan a plan sponsor adopted a defined benefit pension plan in 2022 described in Code section 412(e)(3) or ERISA section 301(b)), (i.e., by the due date, including extension, for filing the plan refer to section 1.430(d)-1(c)(2) of the Income Tax Regulations sponsor’s tax return for the 2021 taxable year) and elected to regarding whether to include the liabilities for benefits covered treat the plan as having been adopted before the 2022 plan year began as permitted under SECURE Act section 201, then the enrolled actuary must complete and sign the 2021 -66- Instructions for Schedule SB (Form 5500) |
Schedule SB (Form 5500). If the plan sponsor is required to If an averaging method is used to value plan assets (as file Schedule SB (see instructions for Schedule SB under “Who permitted under Code section 430(g)(3)(B) and ERISA section Must File”), attach the 2021 Schedule SB (Form 5500) as a 303(g)(3)(B), as amended by WRERA), enter the value as of Portable Document Format (PDF) attachment to the 2022 the valuation date taking into account the requirement that Schedule SB when filing the 2022 Form 5500. Label the such value must be within 90% to 110% of the fair market attachment “The first year Schedule SB attachment for a plan value of assets. retroactively adopted pursuant to SECURE Act 201”. Note. Under Code section 430(g)(3)(B), the use of averaging Part I – Basic Information methods in determining the value of plan assets is permitted Note. All entries in Part I must be reported as of the valuation only in accordance with methods prescribed in Treasury date, reflecting the assumptions and amounts generally used regulations. Accordingly, taxpayers cannot use asset valuation to determine the minimum required contribution. In the case of methods other than fair market value (as described in Code a plan described in section 104 of PPA, the information should section 430(g)(3)(A)), except as provided under Notice 2009- be reported as if PPA provisions were effective for all plan 22, 2009-14 IRB 741, or Treasury regulations. years beginning after December 31, 2007. Line 3. Funding Target/Participant Count Breakdown. All Line 1. Valuation Date. The valuation date for a plan year amounts should be reported as of the valuation date. must be the first day of the plan year unless the plan meets the • Column (1)—Enter the number of participants in each small-plan exception of Code section 430(g)(2)(B) and ERISA category (e.g., terminated vested participants). Enter “0” if no section 303(g)(2)(B). For plans that qualify for the exception, participants fall into the category. Include beneficiaries of the valuation date may be any date in the plan year, including deceased participants who are or who will be entitled to the first or last day of the plan year. benefits under the plan. A plan qualifies for this small-plan exception if there were • Column (2)—Enter the portion of the funding target 100 or fewer participants on each day of the prior plan year. attributable to vested benefits. If no portion of the funding For the definition of participant as it applies in this case, see target for a particular category is attributable to vested the instructions for line F. benefits, enter “0.” For this purpose, benefits considered to be Line 2a. Market Value of Assets. Enter the fair market value vested for PBGC premium purposes must be included. of assets as of the valuation date. Include contributions • Column (3)—Enter the funding target attributable to all designated for any previous plan year that are made after the benefits, both vested and nonvested. Enter “0” if no portion of valuation date (but within the 8½-month period after the end of the funding target is for participants in a particular category. the immediately preceding plan year), adjusted for interest for For columns (2) and (3), the funding target must be calculated the period between the date of payment and the valuation date using the methods and assumptions provided in Code sections as provided in the applicable regulations. 430(h) and (i), ERISA sections 303(h) and (i), and other related Contributions made for the current plan year must be guidance. excluded from the amount reported in line 2a. If these Unless the plan sponsor has received approval to use contributions were made prior to the valuation date (which can substitute mortality tables in accordance with Code section only occur for small plans with a valuation date other than the 430(h)(3)(C) and ERISA section 303(h)(3)(C), the funding first day of the plan year), the asset value must be adjusted to target must be computed using the mortality tables for non- exclude not only the contribution amounts, but interest on the disabled lives, as described in section 1.430(h)(3)-1 of the contributions from the date of payment to the valuation date, regulations. If substitute mortality tables have been approved using the current-year effective interest rate. (or deemed to have been approved) by the IRS, such tables Do not adjust for items such as the funding standard must be used instead of the mortality tables described in the carryover balance, prefunding balance, any unpaid minimum previous sentence, subject to the rules of Code section required contributions, or the present value of remaining 430(h)(3) and ERISA section 303(h)(3). The funding target shortfall or waiver amortization installments. Rollover amounts may be computed taking into account the mortality tables for or other assets held in individual accounts that are not disabled lives published in Revenue Ruling 96-7, 1996-1 C.B. available to provide defined benefits under the plan should not 59, and as provided in Notice 2008-29, 2008-12 IRB 637. be included on line 2a regardless of whether they are reported Special rules for plans that are in at-risk status. If a plan on the Schedule H (Form 5500) (line 1l, column (a)) or is in at-risk status, report the amount reflecting the additional Schedule I (Form 5500) (line 1c, column (a)), or Form 5500-SF assumptions required in Code section 430(i)(1)(B) and ERISA (line 7c, column (a)). Additionally, asset and liability amounts section 303(i)(1)(B). must be determined in a consistent manner. Therefore, if the value of any insurance contracts has been excluded from the If the plan has been in at-risk status for any two or more of amount reported in line 2a, liabilities satisfied by such the preceding four plan years, also include the loading factor contracts should also be excluded from the funding target required in Code section 430(i)(1)(C) and ERISA section values reported in lines 3 and 4. 303(i)(1)(C). If the plan is in at-risk status and has been in at- risk status for fewer than five consecutive years, report the Line 2b. Actuarial Value of Assets. Do not adjust the funding target amounts after reflecting the transition rule actuarial value of assets for items such as the funding provided in Code section 430(i)(5) and ERISA section standard carryover balance, the prefunding balance, any 303(i)(5). For example, the funding target for a plan that is in unpaid minimum required contributions, or the present value of at-risk status for 2022 and was in at-risk status for the 2019, any remaining shortfall or waiver amortization installments. 2020 and 2021 plan years (but not the 2018 plan year) will Treat contributions designated for a current or prior plan year, reflect 80% of the funding target using the special at-risk rollover amounts, insurance contracts, and other items in the assumptions and 20% of the funding target determined without same manner as for line 2a. regard to the at-risk assumptions. Instructions for Schedule SB (Form 5500) -67- |
Determining whether a plan is in at-risk status. Refer to ERISA section 303(h)(2)(A), and the applicable regulations. Code section 430(i)(4) and ERISA section 303(i)(4) to Enter rate to the nearest .01% (e.g., 5.26%). determine whether the plan is in at-risk status. Generally, a If the funding target calculation includes some benefits for plan is in at-risk status for a plan year if it had more than 500 which the present value is calculated using the 8.00% segment participants on any day during the preceding plan year (see interest rates and other benefits for which present value is instructions for line F for the definition of participants) and the calculated using the applicable United States Treasury 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 2022 Line 6. Target Normal Cost. if both: Line 6a. Present Value of Current Year Accruals. Enter the • the FTAP for 2021 (line 14 of the 2021 Schedule SB) is less present value of all benefits which have been accrued or have than 80%, and been earned (or that are expected to accrue or to be earned) • the at-risk funding target attainment percentage for 2021 is under the plan during the plan year, decreased (but not below less than 70%. zero) by any mandatory employee contributions expected to be In general, the at-risk funding target attainment percentage made during the plan year. Include any increase in benefits is determined in the same manner as the FTAP (as described during the plan year that is a result of any actual or projected in the instructions for line 14), except that the funding target is increase in compensation during the current plan year, even if determined using the additional assumptions for plans in at- that increase in benefits is with respect to benefits attributable risk status. For this purpose, the at-risk funding target is to services performed in a preceding plan year. This amount determined by disregarding the transition rule of Code section must be calculated as of the valuation date and must generally 430(i)(5) and ERISA section 303(i)(5) for plans that have been be based on the same assumptions used to determine the in at-risk status for fewer than five consecutive years, and funding target reported in line 3c, column (3), reflecting the disregarding the loading factor in Code section 430(i)(1)(C) special assumptions and the loading factor for at-risk plans, if and ERISA section 303(i)(1)(C). For plans that were in at-risk applicable. If the plan is in at-risk status for the current plan status for the 2021 plan year, the at-risk funding target used to year and has been in at-risk status for fewer than five determine whether the plan is in at-risk status for the 2022 plan consecutive years, report the target normal cost after reflecting year is the amount reported in line 4b of the 2021 Schedule the transition rule provided in Code section 430(i)(5) and SB. ERISA section 303(i)(5). Refer to the regulations under section 430(i) of the Code for Line 6b. Expected Plan-related Expenses. Enter the rules pertaining to new plans and other special situations. aggregate amount of any plan-related expenses expected to Line 4. Additional Information for Plans in At-Risk Status. be paid from plan assets during the plan year. If the plan is in at-risk status as provided under Code section Line 6c. Total. Enter the sum of lines 6a and 6b. 430(i)(4) and ERISA section 303(i)(4), check the box, complete Part II – Beginning of Year Carryover Prefunding lines 4a and 4b, and include as an attachment the information Balances described below. Do not complete line 4 if the plan is not in at- risk status for the current plan year for purposes of determining Line 7. Balance at Beginning of Prior Plan Year After the minimum required contribution. Applicable Adjustments. In general, report the amount in the corresponding columns of line 13 of the prior-year Schedule ● Line 4a – Enter the amount of the funding target determined SB. However, if the balance from the prior year has been as if the plan were not in at-risk status. adjusted so that it does not match the corresponding amount in ● Line 4b – Report the funding target disregarding the line 13 of the prior-year Schedule SB, attach an explanation transition rule of Code section 430(i)(5) and ERISA section and label the attachment “Schedule SB, line 7 – Explanation 303(i)(5), and disregarding the loading factor in Code section of Discrepancy in Prior Year Funding Standard Carryover 430(i)(1)(C) and ERISA section 303(i)(1)(C). Balance or Prefunding Balance.” Note that elections to add If the plan is in at-risk status for the current plan year, excess contributions or reduce balances have specific attach a description of the at-risk assumptions for the assumed deadlines, and generally cannot be changed once they have form of payment (e.g., the optional form resulting in the highest been made. present value). Label the attachment “Schedule SB, line 4 – If this is the first year for which the plan is subject to the Additional Information for Plans in At-Risk Status.” minimum funding rules of Code section 430 or ERISA section Line 5. Effective Interest Rate. Enter the single rate of 303, leave both columns blank. interest which, if used instead of the interest rate(s) reported in Line 8. Portion Elected for Use To Offset Prior Year’s line 21 to determine the present value of the benefits that are Funding Requirement. Report the amount for each column taken into account in determining the plan’s funding target for a from the corresponding column of line 35 of the prior-year plan year, would result in an amount equal to the plan’s Schedule SB. If the valuation date is not the first day of the funding target determined for the plan year, without regard to plan year, report the amounts from line 35 of the prior-year calculations for plans in at-risk status. (This is the funding Schedule SB, discounted to the beginning of the prior plan target reported in line 3d, column (3) for plans not in at-risk year using the effective interest rate for the prior plan year. status, or in line 4a for plans in at-risk status.) However, if the funding target for the plan year is zero, the effective interest Reflect the full amount reported in line 35 of the prior-year rate is determined as the single rate that would result in an Schedule SB even if the amount is larger than the minimum amount equal to the plan’s target normal cost determined for required contribution reported for that year on line 34 of the the plan year, without regard to calculations for plans in at-risk prior-year Schedule SB. This can occur under the special rule status. See the provisions of Code section 430(h)(2)(A), for elections to use balances in excess of the minimum required contribution under section 1.430(f)-1(f)(1)(ii) of the -68- Instructions for Schedule SB (Form 5500) |
regulations, if no timely election is made to revoke the excess Step 3: Multiply the result in Step 2 by the prior year’s amount. effective interest rate in line 11(b)(1), and If this is the first year for which the plan is subject to the Step 4: Reduce the result in Step 3 by interest on the minimum funding rules of Code section 430 or ERISA section result in Step 2 of this paragraph for the period between the 303, leave both columns blank. first day of the prior plan year and the prior-year valuation date Special rule for late election to apply balances to using the effective interest rate for the prior year. quarterly installments. If an election was made to use the The amount reported in line 11(b)(1) is zero if the prior funding standard carryover balance or the prefunding balance year’s valuation date was the last day of the prior plan year. to offset the amount of a required quarterly installment, but the Line 11(b)(2). In column (b), enter the product of the prior election was made after the due date of the installment, the year’s actual rate of return (from line 10) and the present value amount reported on line 8 may not be the same as the amount of excess contributions reported on line 38b for the prior year. reported on line 35 for the prior year. Refer to the regulations under section 430 of the Code for additional information. An However, if the valuation date for the prior plan year was attachment to Schedule SB should explain why the amount is not the first day of the plan year (permitted for small plans different. Label the attachment “Schedule SB, line 8 – Late only), enter the result of the following calculation: Election to Apply Balances to Quarterly Installments.” Step 1: Adjust the prior-year amount reported in line 38b Line 9. Amount Remaining. Enter the amount equal to line 7 to the first day of the prior year, using the effective interest rate minus line 8 in each column. for the prior year, If this is the first year that the plan is subject to the Step 2: Multiply the result in Step 1 by the prior year’s minimum funding requirements of Code section 430 or ERISA actual rate of return (from line 10), and section 303, enter the amount of any credit balance at the end Step 3: Reduce the result in Step 2 by interest on the of the prior year (the “pre-effective plan year”) on line 9, result in Step 1 for the period between the first day of the column (a) and leave line 9, column (b) blank. The amount prior plan year and the prior-year valuation date using the entered on line 9, column (a) is generally the amount reported effective interest rate for the prior year. for the pre-effective plan year on line 9o of the 2007 version of Line 11c. Enter the sum of lines 11a, 11b(1) and 11(b)(2). the Schedule B form that was submitted as an attachment to Enter the amount of the excess contributions for the Line 11d. the Schedule SB for that pre-effective plan year. If there has prior year (with interest) that the plan sponsor elected to use to been any adjustment to this amount so that it does not match increase the prefunding balance. This amount cannot be the amount so reported for the pre-effective plan year, attach greater than the amount reported on line 11c. an explanation and label the attachment “Schedule SB, line 9 – Explanation of Credit Balance Discrepancy.” If this is the first year for which the plan is subject to the minimum funding rules of Code section 430 or ERISA section Line 10. Interest on Line 9. Enter the actual rate of return on 303, leave lines 11a–d blank. plan assets during the preceding plan year in the space provided. Enter the rate to the nearest .01% (e.g., 6.53%). If Line 12. Other Reductions in Balances Due to Elections or entering a negative number, enter a minus sign (“–”) to the left Deemed Elections. In each column, enter the amount by of the number. In each column, enter the product of this which the employer elects to reduce (or is deemed to elect to interest rate and the amount reported in the corresponding reduce, per Code section 436(f)(3) and ERISA section column of line 9. 206(g)(5)(C)) the funding standard carryover balance or prefunding balance, as applicable, under Code section 430(f) If this is the first year for which the plan is subject to the and ERISA section 303(f), other than any amount reported in minimum funding rules of Code section 430 or ERISA section line 8 that is treated as a reduction in these balances under the 303, leave both columns blank. special rule in section 1.430(f)-1(f)(3)(ii) (relating to amounts Line 11. Prior Year’s Excess Contributions to be Added to elected for use to offset the minimum required contribution that Prefunding Balance. exceed the minimum required contribution for the plan for the Line 11a. Enter the amount reported in line 38a on the plan year, and which are not revoked by the plan sponsor). Schedule SB for the prior plan year. This amount cannot be greater than the sum of the amounts Line 11b(1). Enter the effective interest rate for the prior plan reported in the corresponding column of lines 9, 10 and, if year, as reported on line 5 of the Schedule SB for the prior applicable, 11d. Note that an election (or deemed election) plan year, in the space provided. Enter the rate to the nearest cannot be made to reduce the prefunding balance in column .01% (e.g., 6.35%). (b) until the funding standard carryover balance in column (a) has been reduced to zero. In column (b), enter the product of the prior year’s effective interest rate in line 11b(1) and the excess (if any) of the If the valuation date is not the first day of the plan year, amount reported on line 38a for the prior year over the amount adjust the amounts reported in line 12 to the first day of the reported on line 38b for the prior year. plan year, using the effective interest rate for the current plan year. If the plan did not exist in the prior year and is not a However, if the valuation date for the prior plan year was successor plan, leave both columns blank. not the first day of the plan year (permitted for small plans only), enter the result of the following calculation: If this is the first year for which the plan is subject to the minimum funding rules of Code section 430 or ERISA section Step 1: Determine the excess (if any) of the amount 303, leave column (b) blank. reported on line 38a for the prior year over the amount reported on line 38b for the prior year, Line 13. Balance at Beginning of Current Year. Step 2: Adjust the result in Step 1 to the first day of the ● Column (a) - Enter the sum of the amounts reported on lines prior year using the effective interest rate for the prior year, 9 and 10 of column (a), minus the amount reported on line 12 of column (a). Instructions for Schedule SB (Form 5500) -69- |
● Column (b) - Enter the sum of the amounts reported on lines other adjustments as described in applicable guidance), even if 9, 10 and 11d of column (b), minus the amount reported on that AFTAP is not used to apply the restrictions under Code line 12 of column (b). section 436 and ERISA section 206(g) until the following plan If this is the first year for which the plan is subject to the year. minimum funding rules of Code section 430 or ERISA section If the AFTAP reported on line 15 does not correspond to 303, leave column (b) blank. the valuation results reported on this Schedule SB (for instance, if any adjustments pertaining to the plan year were made subsequent to the valuation), attach a schedule showing 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 Line 14. Funding Target Attainment Percentage. Enter the target, actuarial value of assets, funding standard carryover funding target attainment percentage (FTAP) determined in balance and prefunding balance used to determine the accordance with Code section 430(d)(2) and ERISA section corresponding AFTAP. Label the attachment, “Line 15, 303(d)(2). The FTAP is the ratio (expressed as a percentage) Reconciliation of differences between valuation results which the actuarial value of plan assets (reduced by the and amounts used to calculate AFTAP.” It is not necessary funding standard carryover balance and prefunding balance) to include any information pertaining to a range certification in bears to the funding target determined without regard to the this attachment. additional rules for plans in at-risk status. Line 16. Prior Year’s Funding Percentage for Purposes of This percentage is determined by subtracting the sum of Determining Whether Carryover/Prefunding Balances May the amounts reported in line 13 from line 2b and dividing the Be Used to Offset Current Year’s Funding Requirement. result by the funding target. The funding target used for this Under Code section 430(f)(3) and ERISA section 303(f)(3), the purpose is the number reported in line 3d, column (3) for plans funding standard carryover balance and prefunding balance that are not in at-risk status and line 4a for plans that are in at- may not be applied toward minimum contribution requirements risk status. If the plan’s valuation date is not the first day of the unless the ratio of plan assets for the preceding plan year to plan year, subtract the sum of the amounts reported in line 13, the funding target for the preceding plan year (as described in adjusted for interest between the beginning of the plan year Code section 430(f)(3)(C) and ERISA section 303(f)(3)(C)) is and the valuation date using the effective interest rate for the 80% or more. 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 Line 15. Adjusted Funding Target Attainment Percentage. general, the percentage is the ratio that the prior-year actuarial Enter the adjusted funding target attainment percentage value of plan assets (reduced by the amount of any prefunding (AFTAP) determined in accordance with Code section 436(j)(2) balance, but not the funding standard carryover balance) bears and ERISA section 206(g)(9)(B). The AFTAP is calculated in to the prior-year funding target determined without regard to the same manner as the FTAP reported in line 14, except that the additional rules for plans in at-risk status. This percentage both the assets and the funding target used to calculate the is determined as follows, with all amounts taken from the prior AFTAP are increased by the aggregate amount of purchases year’s Schedule SB: 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 See Code section 436(j)(3) and ERISA section 206(g)(9)(C) plan year) from the amount reported on line 2b, and divide the for rules regarding circumstances in which the actuarial value result by the funding target reported on line 3d, column (3). of plan assets is not reduced by the funding standard carryover ● For plans that are in at-risk status, subtract the amount balance and prefunding balance for certain fully-funded plans reported on line 13, column (b) (adjusted for interest as when determining the AFTAP. Note that this special rule described below, if the valuation date is not the first day of the applies only to the calculation of the AFTAP and not to the plan year) from the amount reported on line 2b, and divide the FTAP reported in line 14. result by the funding target reported on line 4a. Report the final certified AFTAP for the plan year, even if it If the valuation date for the prior plan year was not the does not correspond to the valuation results reported on this first day of that plan year, the amount subtracted from the Schedule SB (for instance, if any adjustments pertaining to the assets for the purpose of the above calculations is the amount plan year were made subsequent to the valuation or the reported on line 13, column(b), adjusted for interest between AFTAP). If no AFTAP was certified for the plan year, attach an the beginning of the prior plan year and the prior year’s explanation and (1) report 100%, if the plan's adjusted funding valuation date, using the effective interest rate for the prior target for the plan year is zero, as described in section 1.436- plan year. 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 the current plan year at the time that the Schedule SB is filed Line 18. Contributions Made to the Plan. Show all employer (reflecting contributions for the current plan year and reflecting and employee contributions either designated for this plan year or those allocated to unpaid minimum required contributions -70- Instructions for Schedule SB (Form 5500) |
for a prior plan year. Do not adjust contributions to reflect date for the installment and the end of that quarter, regardless interest. Show only employer contributions actually made to of when the contribution is actually paid. the plan within 8½ months after the end of the plan year for Interest adjustment for contributions representing late which this Schedule SB is filed (or actually made before the required quarterly installments — small plans with Schedule SB is signed, if earlier). valuation dates after the beginning of the plan year - Certain employer contributions must be made in quarterly installments due prior to the valuation date. See the installments. See Code section 430(j) and ERISA section regulations under section 430 for rules regarding interest 303(j). Contributions made to meet the liquidity requirement of adjustments for late quarterly contributions for quarterly Code section 430(j)(4) and ERISA section 303(j)(4) should be contributions due before the valuation date. reported. Include contributions made to avoid benefit Line 19a. Contributions Allocated Toward Unpaid restrictions under Code section 436 and ERISA section 206(g). Minimum Required Contributions from Prior Plan Years. Add the amounts in both columns 18(b) and 18(c) Under code section 4971(c)(4)(B), if a plan has an unpaid separately and enter each result in the corresponding column minimum required contribution that has not been corrected at on the total line. All contributions except those made to avoid the time a payment is made (i.e., the deadline for making the benefit restrictions under Code section 436 and ERISA section minimum required contribution for a prior plan year had passed 206(g) must be credited toward minimum funding requirements and the minimum required contribution for that year was not for a particular plan year. yet paid) that payment is allocated first to plan years with Line 19. Discounted Employer Contributions. Employer unpaid minimum required contributions, beginning with the contributions reported in line 18 that were made on a date earliest such plan year, and then to the minimum required other than the valuation date must be adjusted to reflect contribution for the current plan year. Within a given plan year, interest for the time period between the valuation date for the payments are credited first to the earliest unpaid installment plan year to which the contribution is allocated and the date until the minimum required contribution for that plan year is the contribution was made. In general, adjust each contribution satisfied. Report any contributions from line 18 that are using the effective interest rate for the plan year to which the allocated toward unpaid minimum required contributions from contribution is allocated, as reported on line 5. prior plan years, discounted for interest from the date the contribution was made to the valuation date for the plan year Allocate the interest-adjusted employer contributions to for which the contribution was originally required as described lines 19a, 19b, and 19c to report the purpose for which they above. Increase the effective interest rate for the applicable were made (as described below). plan year by 5 percentage points for any portion of the unpaid Attach a schedule showing the dates and amounts of minimum required contribution that represents a late quarterly individual contributions, the year to which the contributions (or installment, for the period between the due date for the the portion of individual contributions) are applied, the interest installment and the date of payment. Reflect the increased rate(s) used to adjust the contributions (i.e., the effective interest rate for any portion of the unpaid minimum required interest rate for timely contributions and the applicable contribution that represents a late liquidity shortfall installment, effective interest rate plus 5% for late quarterly installments) for the period corresponding to the time between the date the and the periods during which each rate applies, and the installment was due and the end of the quarter during which it interest-adjusted contribution. It is not necessary to include was due. The amount reported in line 19a cannot be larger information regarding interest-adjusted contributions allocated than the amount reported in line 28. toward the minimum required contribution for the current year For the purpose of allocating contribution amounts to (reported in line 19c) in this schedule, unless any of those unpaid minimum required contributions, any unpaid minimum contributions represent late quarterly installments. However, if required contribution attributable to an accumulated funding any of the contributions reported in line 19c represent late deficiency at the end of the last plan year before Code section quarterly installments, include all contributions reported in line 430 or ERISA section 303 applied to the plan (the “pre- 19c on this schedule. Label the attachment “Schedule SB, effective plan year”) is treated as a single contribution due on line 19 –Discounted Employer Contributions.” the last day of the pre-effective plan year (without separately Special note for small plans with valuation dates after identifying any portion of the accumulated funding deficiency the beginning of the plan year. If the valuation date is after attributable to late quarterly installments or late liquidity the beginning of the plan year and contributions for the current shortfall installments), and the associated effective interest rate year were made during the plan year but before the valuation is deemed to be the valuation interest rate for the pre-effective date, such contributions are increased with interest to the plan year. valuation date using the effective interest rate for the current Line 19b. Contributions Made To Avoid Benefit plan year. These contributions and the interest calculated as Restrictions. Include in this category current year described in the preceding sentence are excluded from the contributions made to avoid or terminate benefit restrictions value of assets reported in lines 2a and 2b. under Code section 436 and ERISA section 206(g). Adjust Interest adjustment for contributions representing late each contribution for interest from the date the contribution required quarterly installments — installments due after was made to the valuation date as described above. the valuation date. If the full amount of a required installment Line 19c. Contributions Allocated Toward Minimum due after the valuation date for the current plan year is not paid Required Contribution for Current Year. Include in this by the due date for that installment, increase the effective category contributions (including any contributions made in interest rate used to discount the contribution by 5 percentage excess of the minimum required contribution) that are not points for the period between the due date for the required included in line 19a or 19b. Adjust each contribution for interest installment and the date on which the payment is made. If all from the date the contribution was made to the valuation date or a portion of the late required quarterly installment is due to a as described above. liquidity shortfall, the increased interest rate is used for a period of time corresponding to the period between the due Line 20. Quarterly Contributions and Liquidity Shortfalls. Instructions for Schedule SB (Form 5500) -71- |
Line 20a. Did the Plan Have a Funding Shortfall for the section 430(h)(2)(C) and ERISA section 303(h)(2)(C) and as Prior Plan Year? In accordance with Code section 430(j)(3) published by the IRS, unless the plan sponsor has elected to and ERISA section 303(j)(3), only plans that have a funding use the full yield curve. If the sponsor has elected to use the shortfall for the preceding plan year are subject to an full yield curve, check the “N/A, full yield curve used” box. accelerated quarterly contribution schedule. For this purpose, If an election under Code section 430(m)(2) applies to the a plan is considered to have a funding shortfall for the prior plan for a plan year, enter 8.00% in each of the three segment year if the funding target reported on line 3d, column (3) is rates. Do not check the full yield curve box, even if some or all 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 Line 20b. If line 20a is “No” (i.e., if the plan did not have a preceding months. For example, if the valuation date is funding shortfall in the prior plan year), the plan is not subject January 1 and the funding target and target normal cost were to the quarterly contribution rules, and this line should not be determined based on rates published for November, enter “2.” 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 Target and Target Normal Cost compute the weighted average retirement age, including a 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 and used as published by the IRS, and are to be applied as “Schedule SB, line 22 – annual rates without adjustment. Description of Weighted Average Retirement Age.” Line 21a. Enter the three segment rates used to calculate the Line 23. Mortality Tables. Mortality tables described in Code 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 -72- Instructions for Schedule SB (Form 5500) |
be used to determine the funding target and target normal cost compensation. For applicable defined benefit plans under Code for non-disabled participants and may be used to determine section 411(a)(13)(C) and ERISA section 203(f)(3) (e.g., cash the funding target and target normal cost for disabled balance plans) the statement must include the assumptions participants, unless the IRS has approved (or was deemed to used to convert balances to annuities. In addition, the statement have approved) the use of a substitute mortality table for the must describe the method for determining the actuarial value of plan. Standard mortality tables must be either applied on a assets and any other aspects of the funding method for generational basis, or the tables must be updated to reflect the determining the Schedule SB entries that are not prescribed by static tables published for the year in which the valuation date law. occurs. Substitute mortality tables must be applied in Also attach a summary of the principal eligibility and benefit accordance with the terms of the IRS ruling letter. provisions on which the valuation was based, including the Separate standard mortality tables were published by the status of the plan (e.g., frozen eligibility, service/pay, or IRS for annuitants (rates applying for periods when a benefits), optional forms of benefits, special plan provisions, participant is assumed to receive a benefit under the plan) and including those that apply only to a subgroup of employees nonannuitants (rates applying to periods before a participant is (e.g., those with imputed service), supplemental benefits, and assumed to receive a benefit under the plan). If a plan has 500 identification of benefits not included in the valuation, a or fewer participants as of the valuation date for the current description of any significant events that occurred during the plan year as reported in line 3d, column (1), the plan sponsor year, a summary of any changes in principal eligibility or benefit can elect to use the combined mortality tables published by the provisions since the last valuation, and a description (or IRS, which reflect combined rates for both annuitants and reasonably representative sample) of plan early retirement nonannuitants. reduction factors and optional form conversion factors. Label the Check the applicable box to indicate which set of mortality summary “Schedule SB, Part V – Summary of Plan tables was used to determine the funding target and target Provisions.” normal cost. If one set of mortality tables was used for certain Also, include any other information needed to disclose the populations within the plan and a different set of mortality actuarial position of the plan fully and fairly. tables was used for other populations, check the box for the Part VI – Miscellaneous Items set of mortality tables that applied to the largest population. If more than one set of mortality tables were used (other than for Line 24. Change in Non-Prescribed Actuarial Assumptions. disabled lives pursuant to section 430(h)(3)(D)), attach a If a change has been made in the non-prescribed actuarial statement describing the mortality tables used for each assumptions for the current plan year, check “Yes.” If the only population and the size of that population. Label the assumption changes are statutorily required changes in the attachment “Schedule SB, line 23 – Information on Use of discount or mortality rates, or changes required for plans in at- Multiple Sets of Mortality Tables.” risk status, check “No.” Include as an attachment a description of any change in non-prescribed actuarial assumptions and ● Check “Prescribed–combined” if the funding target and target justifications for any such change. (See section 103(d) of normal cost are based on the prescribed tables with combined ERISA.) Label the attachment “Schedule SB, line 24 – annuitant/nonannuitant mortality rates. Change in Actuarial Assumptions.” ● Check “Prescribed–separate” if the funding target and target normal cost are based on the prescribed tables with separate If the “Yes” box is checked and the non-prescribed mortality rates for nonannuitants and annuitants. assumptions have been changed in a way that decreases the ● Check “Substitute” if the funding target and target normal funding shortfall for the current plan year, approval for such a cost are based on substitute mortality tables. If substitute change may be required. mortality tables are used, attach a statement including a Line 25. Change in Method. If a change in the method has summary of plan populations for which substitute mortality been made for the current plan year, check “Yes.” For this tables are used, plan populations for which the prescribed purpose, a change in funding method refers to not only a tables are used, the mortality ratio used to develop the table change in the overall method used by the plan, but also each for any population, whether the table is constructed based on specific method of computation used in applying the overall full or partial credibility, the partial credibility weighting factor if method. Accordingly, funding method changes include applicable, plan populations for which the prescribed tables are modifications such as a change in the method for calculating the used, and the last plan year for which the IRS approval of the actuarial value of assets or a change in the valuation date (not substitute mortality tables applies. Label the attachment an exclusive list). Also check "Yes" if there has been a change “Schedule SB, line 23 – Information on Use of Substitute in the method for determining the discount rates reported in line Mortality Tables.” 21. In general, any changes in a plan’s method must be Attach a statement of actuarial assumptions and funding approved by the IRS. However, see the regulations under Code methods used to calculate the Schedule SB entries and label section 430 and Revenue Procedure 2017-56, 2017-44 IRB the statement “Schedule SB, Part V – Statement of Actuarial 465, for circumstances in which a change in method may be Assumptions/Methods.” The statement must describe all non- made without obtaining approval from the IRS. prescribed actuarial assumptions (e.g., retirement, withdrawal Include, as an attachment, a description of the change. rates) used to determine the funding target and target normal Label the attachment “Schedule SB, line 25 – Change in cost, including the assumption as to the frequency with which Method.” participants are assumed to elect each optional form of benefit (including lump sum distributions), whether mortality tables are Note. The plan sponsor’s agreement to certain changes in applied on a static or generational basis, whether combined funding method should be reported on line 8 of Schedule R mortality tables are used instead of separate annuitant and (Form 5500). nonannuitant mortality tables (for plans with 500 or fewer participants as of the valuation date), and (for target normal cost) expected plan-related expenses and increases in Instructions for Schedule SB (Form 5500) -73- |
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 in a spreadsheet file If the accrued benefit is the greater of a cash balance benefit or (CSV format). some other benefit, average in only the cash balance account. If Expand this schedule by adding columns after the “5 to 9” the accrued benefit is the sum of a cash balance account column and before the “40 & up” column for active participants benefit and some other benefit, average in only the cash with total years of credited service in the following ranges: 10 to balance account. For both the average compensation and the 14; 15 to 19; 20 to 24; 25 to 29; 30 to 34; and 35 to 39. For each 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 3d, 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. -74- Instructions for Schedule SB (Form 5500) |
Participant Data” for each participating employer in the 430(f)(4)(B)(ii) and ERISA section multiple-employer plan. 303(f)(4)(B)(ii) Line 26b. Schedule of Projection of Expected Benefit 5 This code, formerly used by airlines using 10- Payments. Check “Yes” only if this plan is covered by Title IV year amortization period for initial post-PPA of ERISA and has 1,000 or more total participants as of the shortfall amortization base under section valuation date. 402(a)(2) of PPA (as amended), is no longer applicable and should not be used. If line 26b is “Yes,” in an attachment, provide a projection of 6 Airlines with frozen plans using alternative 17- benefits expected to be paid separately for active participants, year funding schedule under section 402(a)(1) terminated vested participants, and retired participants and of PPA beneficiaries receiving payments, and for the entire plan (not to 7 Interstate transit company described in section include expected expenses) in each of the next fifty years 115 of PPA starting with the plan year and based on the participant’s 8 This code, formerly used by a plan subject to status as of the valuation date. For purposes of this projection, section 104 of PPA (as amended) that is not a assume (1) no additional accruals, (2) experience (e.g., CSEC plan, is no longer applicable and should termination, mortality, and retirement) is in line with valuation not be used. assumptions, (3) no new entrants, and (4) benefits are paid in 9 Community Newspaper plans and plans within the form assumed for valuation purposes. the controlled group, as described in SECURE Use the format shown below and label this attachment Act section 115. “Schedule SB, line 26b – Schedule of Projection of Expected Benefit Payments.” The attachment may be Special Instructions for codes 1 through 9 provided in a spreadsheet file (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 Participants and • Part I (including signature of enrolled actuary), 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 Line 27. Alternative Funding Rules. If one of the alternative Plans.” Each attachment must include the plan name, the plan funding rules was used for this plan year, enter the appropriate sponsor’s name and EIN, and the plan number. Complete all code from the table below and follow the special instructions items from the 2007 Schedule B, excluding line 9f and Part II, 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 § 430(h)(2)(C)(iii) and Code Alternative Funding Rule ERISA section 303(h)(2)(C)(iii) is substituted for the current liability interest rate under § 412(b)(5)(B) and ERISA section 1 A CSEC plan that is described in Code section 302(b)(5)(B) (as in effect before PPA ‘06). 414(y). This includes certain multiple-employer plans maintained by rural cooperatives and If the plan’s funded percentage (as defined in § other specified cooperative organizations and 433(j)(5)(B)) as of the beginning of the plan year is less than certain plans maintained by more than 1 80%, then the plan is in funding restoration status. If the plan’s employer (determined after application of Code enrolled actuary certifies that the plan is in funding restoration section 414(b) and (c)), all of which are status for a plan year, include the following additional described in Code section 501(c)(3). Do not use information in the attachment “Schedule SB, line 27 – Code 1 for a plan that satisfies the definition of a Actuarial Information for CSEC Plans:” (a) the annual CSEC plan that has made the election to not be certification by the enrolled actuary for the plan; and (b) the treated as a CSEC plan. value of plan assets and the funding liability, including any 2 This code, formerly used by certain plans adjustments to these amounts as specified in § 433(j)(4) and maintained by PBGC settlements as described ERISA section 306(j)(4). in section 105 of PPA, is no longer applicable If a plan in funding restoration status has an accumulated and should not be used funding deficiency based on the excess of the employer’s 3 Reserved normal cost determined under line 9b, over the amount 4 Plans with binding agreements with PBGC to actually contributed to the plan for the plan year, as maintain prefunding and/or funding standard determined under § 433(j)(1) and ERISA section 306(j)(1), carryover balances described in Code section then the details of this calculation must be included in the Instructions for Schedule SB (Form 5500) -75- |
attachment “Schedule SB, line 27 – Actuarial Information disregarding the attachment required for plans reporting the use for CSEC Plans.” In the case of a plan for which a spread of the substitute mortality table in line 23. gain funding method is used, the normal cost that is used to Part VII – Reconciliation of Unpaid Minimum apply this rule is the normal cost determined under the entry age normal cost funding method. Required Contributions for Prior Years Line 28. Unpaid Minimum Required Contributions for Prior Plans with binding agreements with the PBGC to Enter the total amount of any unpaid minimum required Years. maintain prefunding and/or carryover balances (code 4). contributions for all years from line 40 of the Schedule SB for Complete the entire Schedule SB and attachments as outlined the prior plan year. in these instructions. In addition, report on an attachment the amount subject to the binding agreement with the PBGC, If this is the first year that the plan is subject to the minimum reported separately for the funding standard carryover balance funding requirements of Code section 430 or ERISA section and prefunding balance. Label the attachment “Schedule SB, 303, enter the amount of any accumulated funding deficiency at line 27 – Balances Subject to Binding Agreement with the end of the prior year (the pre-effective plan year). This is the PBGC.” amount reported on line 9p of the 2007 Schedule B form that was submitted as an attachment to the Schedule SB for the pre- Airlines with frozen plans using alternative 17-year effective plan year. funding schedule (code 6). Complete the following lines on Schedule SB and provide associated attachments: Line 29. Employer Contributions Allocated Toward Unpaid ● Lines A through F. Minimum Required Contributions from Prior Years. Enter the total amount of discounted contributions made for the ● Part I (including signature of enrolled actuary) – complete all current plan year allocated toward unpaid minimum required lines. contributions from prior years as reported in line 19a. ● Parts III through VII – complete all lines. For this purpose, disregard the special funding rules under Line 30. Remaining Unpaid Minimum Required section 402(e) of PPA except for the information reported on the Contributions. Enter the amount in line 28 minus the amount in line 29. following lines: ● Line 19 – Discount contributions to the applicable valuation Part VIII – Minimum date using the 8.85% discount rate provided under section Required Contribution for Current Year 402(e)(4)(B) of PPA. Line 31. Target Normal Cost and Excess Assets. ● Line 20 – Reflect required quarterly installments based on Line 31a.Target Normal Cost (line 6c). Enter the target the minimum required contribution determined under section normal cost as reported in line 6c. 402(e) of PPA to the extent applicable (i.e., for purposes of calculating the required annual payment under Code section Line 31b. Excess Assets. Enter the excess, if any, of the 430(j)(3)(D)(ii)(l) and ERISA section 303(j)(3)(D)(ii)(l)). value of assets reported on line 2b reduced by any funding ● Line 29 – Reflect the minimum required contribution standard carryover balance and prefunding balance on line 13, determined under section 402(e) of PPA when determining the columns (a) and (b), over the funding target reported on line unpaid minimum required contribution. 3d, column (3). If the valuation date is not the first day of the plan year, excess assets are determined as the value of assets Also, attach a worksheet showing the information below, reported on line 2b reduced by any funding standard carryover determined in accordance with section 402(e) of PPA. Label this balance and prefunding balance reported on line 13, columns worksheet “Schedule SB, line 27 – Alternative 17-Year (a) and (b), adjusted for interest at the effective interest rate for Funding Schedule for Airlines.” the period between the beginning of the plan year and the ● Date as of which plan benefits were frozen as required under valuation date, minus the funding target reported on line 3d, section 402(b)(2) of PPA. column (3) (but not less than zero). Limit the amount reported ● Date on which the first applicable plan year began. in line 31b so that it is not greater than the target normal cost ● Accrued liability under the unit credit method calculated as of reported in line 31a. the first day of the plan year, using an interest rate of 8.85%. Line 32. Amortization Installments. ● A summary of all other assumptions used to calculate the unit credit accrued liability. Line 32a. Shortfall Amortization Bases and Amortization ● Fair market value of assets as of the first day of the plan Installments. Outstanding balance — If the plan’s funding year. shortfall (determined under Code section 430(c)(4) and ERISA ● Unfunded liability under section 402(e)(3)(A) of PPA. section 303(c)(4)) is zero, all amortization bases and related ● Alternative funding schedule: installments are considered fully amortized. In this case, enter zero. Otherwise, enter the sum (but not less than zero) of the 1. Contribution necessary to amortize the unfunded liability outstanding balances of all shortfall amortization bases over the remaining number of years, assuming payments at (including any new shortfall amortization base established for the valuation date for each plan year and using an interest rate the current plan year). The outstanding balance for each of 8.85%; amortization base established in past years is equal to the 2. Employer contributions for the plan year, discounted for present value as of the valuation date of any remaining interest to the valuation date for the plan year, and using a rate amortization installments for each base (including the of 8.85%; and amortization installment for the current plan year), using the 3. Contribution shortfall, if any ((1)-(2) but not less than interest rates reported on line 21. zero). A plan is generally exempt from the requirement to establish Interstate transit company (code 7). Complete the entire a new shortfall amortization base for the current plan year if the Schedule SB, reflecting the modifications to the otherwise- funding target reported on line 3d, column (3), is less than or required funding rules under section 115(b) of PPA, and equal to the reduced value of assets as described below. -76- Instructions for Schedule SB (Form 5500) |
For the purpose of determining whether a plan is exempt Note. If an election was made to use an alternative shortfall from the requirement to establish a new shortfall amortization amortization schedule under Code section 430(c)(2)(D) and base for the current plan year, the reduced value of assets is the ERISA section 303(c)(2)(D) added by PRA 2010, the shortfall amount reported on line 2b, reduced by the full value of the amortization installment is the amount determined in prefunding balance reported on line 13, column (b), adjusted for accordance with the shortfall amortization schedule chosen interest for the period between the beginning of the plan year and guidance issued by Treasury and the IRS. Include any and the valuation date using the effective interest rate for the increase to the shortfall amortization installment for this year current plan year, if the valuation date is not the first day of the due to the installment acceleration amount, as provided in plan year. However, the assets are reduced by the prefunding Code section 430(c)(7) and ERISA section 303(c)(7). balance if and only if the plan sponsor has elected to use any Line 32b. Waiver Amortization Bases and Amortization portion of the prefunding balance to offset the minimum required Installments. Outstanding balance — If the plan’s funding contribution for the current plan year, as reported on line 35. shortfall (determined under Code section 430(c)(4) and ERISA The assets are not reduced by the amount of any funding section 303(c)(4)) is zero, all waiver amortization bases and standard carryover balance for this calculation regardless of related installments are considered fully amortized. In this whether any portion of the funding standard carryover balance case, enter zero. Otherwise, enter the present value as of the is used to offset the minimum required contribution for the plan valuation date of all remaining waiver amortization installments year. (including any installment for the current plan year), using the If the plan is not exempt from the requirement to establish a interest rates reported on line 21. Do not include any new new shortfall amortization base for the current plan year, the waiver amortization base established for a waiver of minimum amount of that base is generally equal to the difference between funding requirements for the current plan year. the funding shortfall as of the valuation date (determined under Waiver amortization installments — Enter the sum of any Code section 430(c)(4) and ERISA section 303(c)(4)) and the remaining waiver amortization installments that were sum of any outstanding balances of any previously established established to amortize any waiver amortization bases for prior shortfall and waiver amortization bases. The new shortfall plan years, unless such bases have been or are deemed to be amortization base may be either greater than or less than zero. fully amortized. Do not include an amortization installment for For the purpose of determining the amount of any new any new waiver amortization base established for a waiver of shortfall amortization base, the funding shortfall is equal to the minimum funding requirements for the current plan year. amount of the funding target reported on line 3d, column (3), Note. If a waiver of minimum funding requirements has been minus the reduced value of assets, but not less than zero. granted for the current plan year, a waiver amortization base is If the plan’s valuation date is the first day of the plan year, established as of the valuation date for the current plan year then the reduced value of assets for the purpose of determining equal to the amount of the funding waiver reported in line 33. the amount of any new shortfall amortization base is the amount The waiver amortization installment that corresponds to any reported on line 2b, reduced by the sum of the funding standard waiver amortization base established for the current year is the carryover balance and the prefunding balance reported on line level amortization payment that will amortize the new waiver 13, columns (a) and (b). However, if the plan’s valuation date is amortization base over 5 annual payments, using the same not the first day of the plan year, then the reduced value of segment interest rates or rates from the full yield curve assets for the purpose of determining the amount of any new reported on line 21 for the current plan year, but with the first shortfall amortization base is the amount reported on line 2b, payment due on the valuation date for the following plan year. reduced by the sum of the funding standard carryover balance The amount of the waiver amortization base and the waiver and the prefunding balance reported on line 13, columns (a) and amortization installments for this base are not reported in line (b), adjusted for interest for the period between the beginning of 32b for the year in which they are established. Rather, these the plan year and the valuation date (using the effective interest are included in the entries for line 32b on the Schedule SB for rate for the current plan year). See Code section 430(f)(4)(B)(ii) the following plan year. and ERISA section 303(f)(4)(B)(ii) for special rules in the case of Note. Waiver amortization installments (including the waiver a binding agreement with the PBGC providing that all or a amortization installments of any waiver amortization base portion of the funding standard carryover balance and/or established for the prior plan year) are not re-determined from prefunding balance is not available to offset the minimum year to year regardless of any changes in interest rates or required contribution for the plan year. valuation dates. Shortfall amortization installment — Enter the sum (but not Required attachment. If there are any shortfall or waiver less than zero) of: amortization bases, include as an attachment a listing of all 1. Any shortfall amortization installments that were bases (other than a base established for a funding waiver for the established to amortize shortfall amortization bases current plan year) showing for each base: established in prior years, excluding amortization installments 1. The type of base (shortfall or waiver), for bases that have been or are deemed to be fully amortized, 2. The present value of any remaining installments and (including the installment for the current plan year), 2. The shortfall amortization installment that corresponds to 3. The valuation date as of which the base was established, any new shortfall amortization base established for the current 4. The number of years remaining in the amortization plan year. This amount is the level amortization payment that period, and will amortize the new shortfall amortization base over 7 annual 5. The amortization installment. payments, using the interest rates reported in line 21 for the current plan year. If a base is negative (i.e., a “gain base”), show amounts in parentheses or with a negative sign in front of them. All Note. Shortfall amortization installments for a given shortfall amounts must be calculated as of the valuation date for the amortization base are not re-determined from year to year plan year. regardless of any changes in interest rates or valuation dates. Instructions for Schedule SB (Form 5500) -77- |
If any of the shortfall amortization bases shown on this requiring that any elections to use the funding standard attachment are being amortized using an alternative carryover balance and/or prefunding balance to offset the amortization schedule in accordance with Code section minimum required contribution are irrevocable. Under this 430(c)(2)(D) or ERISA section 303(c)(2)(D), identify the exception, such an election may be revoked to the extent that amortization schedule being used and show separately the the amount of the election exceeds the minimum required amount of any installment acceleration amount added to the contribution for the plan year as reported in line 34. If a timely shortfall amortization installment for the current plan year election is made to revoke the excess amount, report only the under Code section 430(c)(7) or ERISA section 303(c)(7). amount of the election used to offset the minimum required Label the schedule “Schedule SB, line 32 – Schedule of contribution on line 35. If the excess amount is not revoked by Amortization Bases.” means of a timely election, report the full amount of the election Line 33. Funding Waiver. If a waiver of minimum funding on line 35 even if it exceeds the minimum required contribution requirements has been approved for the current plan year, reported on line 34. enter the date of the ruling letter granting the approval and the Line 36. Additional Cash Requirement. Enter the amount in waived amount (reported as of the valuation date) in the line 34 minus the amount in the “Total Balance” column in line spaces provided. If a waiver is pending, do not complete this 35. (The result cannot be less than zero.) This represents the line. If a pending waiver is granted after Form 5500 is filed, file contribution needed to satisfy the minimum funding an amended Form 5500 with an amended Schedule SB. requirement for the current year, adjusted for interest to the Line 34. Total Funding Requirement Before Reflecting valuation date. Carryover/Prefunding Balances. Enter the target normal cost Line 37. Contributions Allocated Toward Minimum in line 31a, minus the excess assets in line 31b, plus the Required Contribution for Current Year, Adjusted to amortization installments reported in lines 32a and 32b, Valuation Date. Enter the amount reported in line 19c. reduced by any waived amounts reported in line 33. Line 38. Present Value of Excess Contributions for Current Line 35. Balances Elected for Use to Offset Funding Year. Requirement. If the percentage reported on line 16 is at least Line 38a. If line 37 is greater than line 36, enter the amount by 80%, and the plan has a funding standard carryover balance which line 37 exceeds line 36. Otherwise, enter “0.” This and/or prefunding balance (as reported on line 13, columns (a) amount (plus interest, if applicable) is the maximum amount by and (b)), the plan sponsor may elect to credit all or a portion of which the plan sponsor may elect to increase the prefunding such balances against the minimum required contribution. balance. Enter the amount of any balance elected for use for this purpose in the applicable column of line 35, and enter the total Line 38b. Enter the amount of any portion of the amount in the column headed “Total Balance.” No portion of the shown on line 38a that results solely from the use of the prefunding balance can be used for this purpose unless the full funding standard carryover balance and/or prefunding balance amount of any remaining funding standard carryover balance to offset the minimum required contribution. (line 13, column (a)) is used. The amounts entered on line 35 Line 39. Unpaid Minimum Required Contribution for cannot be larger than the corresponding amounts on line 13 Current Year. If line 37 is less than line 36, enter the amount (unless the plan’s valuation date is not the first day of the plan by which line 36 exceeds line 37. Otherwise, enter “0”. year, as discussed below). Line 40. Unpaid Minimum Required Contributions for All If the plan’s valuation date is not the first day of the plan Years. Enter the sum of the remaining unpaid minimum year, adjust the portion of the funding standard carryover required contributions from line 30 and the unpaid minimum balance and prefunding balance used to offset the minimum required contribution for the current year from line 39. If this required contribution for interest between the beginning of the amount is greater than zero, file IRS Form 5330, Return of plan year and the valuation date using the effective interest rate Excise Taxes Related to Employee Benefit Plans and pay the for the current plan year. 10% excise tax on the unpaid minimum required contributions. Special rule for late election to apply balances to In addition, if this is a PBGC-covered plan and reporting to quarterly installments. If an election was made to use the PBGC is not waived under 29 CFR 4043.25(c), file PBGC funding standard carryover balance or the prefunding balance to Form 10 or PBGC Form 200, whichever is applicable. offset the amount of a required quarterly installment, but the Part IX –Pension Funding Relief under the American election was made after the due date of the installment, the Rescue Plan Act of 2021 amount reported on line 35 may not be the same amount that is Line 41. If an election was made under Code section subtracted from the plan’s balances in the following plan year (to 430(c)(8) or ERISA section 303(c)(8) to apply the extended be reported in line 8 of Schedule SB for the following plan year). amortization rule for a plan year beginning on or before Refer to the regulations under Section 430 of the Code for December 31, 2021, check the box to indicate the first plan additional information. year for which the rule applies (i.e., the box for the 2019, 2020, Special rule for elections to use balances in excess of or 2021 plan year). the minimum required contribution. Section 1.430(f)-1(f)(3)(ii) of the regulations provides an exception to the general rule -78- 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., 54 min. 1 hr., 19 min. 1 hr., 45 min. 1 hr., 14 min. Schedule A 2 hr., 52 min. 2 hr., 51 min. 3 hr., 39 min. 2 hr., 43 min. Schedule C 3 hr., 4 min N/A 3 hr., 38 min. N/A Schedule D 1 hr., 39 min. 20 min. 1 hr., 52 min. 20 min. Schedule G 11 hr., 29 min. N/A 11 hr. N/A Schedule H 7 hr., 42 min. N/A 8 hr., 35 min. N/A Schedule I N/A 2 hr., 5 min. N/A 1 hr., 55 min. Schedule MB 7 hr., 52 min. 4 hr., 14 min. N/A N/A Schedule R 1 hr., 43 min. 1 hr., 5 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. -79- |
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 is designed to classify an enterprise by the type of activity in Industry Classification System. 5500-EZ Codes for Principal 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 -80- |
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) -81- |
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 -82- |
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. -83- |
Pooled Separate Account (PSA) 11 Index I Provision of Information .............. 23 Information Concerning Insurance Contract Coverage, Fees, and Commissions ........................... 21 Q 80-120 Participant Rule ………. ...... 8 Instructions to Form 5500 … ....... 14 Quick Reference Chart of Form 103-12 Investment Entity Instructions for Schedule A: 5500, Schedules, and (103-12 IE) ............................... 11 Who Must File .......................... 22 Attachments…..………………12 Instructions for Schedule C: A Who Must File .......................... 25 About the Form 5500 .................... 1 Instructions for Schedule D: R Additional Employer Information Who Must File .......................... 30 Reportable Transaction .............. 42 for Multiemployer Defined Instructions for Schedule G: Benefit Pension Plans .......... 62 Who Must File .......................... 32 S Additional Information for Instructions for Schedule H: Schedule of Reportable Single-Employer and Who Must File .......................... 34 Transactions ....................... 42 Multiemployer Defined Instructions for Schedule I: Service Provider Information ...... 24 Benefit Pension Plans ......... 62 Who Must File .......................... 44 Service Providers Who Fail or Amended Return/Report ............... 6 Instructions for Schedule MB: Refuse To Provide Amendments .............................. 61 Statement by Enrolled Information .......................... 27 Actuary ................................. 52 Short Plan Year Rule ................... 8 Who Must File .......................... 52 Signature and Date ...................... 6 C Instructions for Schedule R: Small Plan Financial Change in Plan Year ..................... 7 Who Must File .......................... 60 Information .......................... 44 Changes to Note ........................... 1 Instructions for Schedule SB: Special rule for certain Combination Unfunded/Insured Statement by Enrolled participant-directed Welfare Plan .............................. 4 Actuary ................................. 65 transactions ......................... 42 Common/Collective Trust ............ 11 Who Must File .......................... 65 Statement by Enrolled Investment and Annuity Actuary ................................ 66 D Contract Information ................ 23 Delinquent Filer Voluntary T Compliance (DFVC) Program ...... 5 L Telephone Assistance .................. 2 Direct Filing Entity (DFE) – Who Leases in Default or Classified Termination Information on Must File .................................... 4 As Uncollectible ……………… . 32 Accountants and Enrolled Direct Filing Entity (DFE) – Filing Limited Pension Plan Reporting .... 9 Actuaries ............................. 29 Requirements .......................... 10 List of Plan Characteristic Codes 20 Distributions ................................ 60 Loans or Fixed Income Obligations in Default or U E Classified As Uncollectible....... 32 Unfunded Welfare Benefit Plan .... 3 EFAST2 Processing System ......... 1 W Electronic Filing Requirement ....... 5 M Welfare Benefit Contract ESOP Information ....................... 62 M-1 Compliance Information ....... 19 Information .......................... 24 Extension of Time to File............... 4 Master Trust Investment Welfare Benefit Plan – Who Account (MTIA) ........................ 10 Must File ................................ 3 F Welfare Benefit Plan Filing Final Return/Report: N Requirements ....................... 9 Mergers/Consolidations ............. 6 Nonexempt Transactions ............ 32 What To File ................................. 7 Pension and Welfare Plans Notice to Terminated Accountant When To File: Terminated Without or Enrolled Actuary .................. 29 DFEs other than GIAs ........... 4 Distributing All Assets ............ 6 Extensions ............................ 4 Welfare Plans Still Liable to Pay Plans and GIAs ..................... 4 Benefits .................................. 6 O Short Years ........................... 4 Form 5500 Schedules ................... 8 On-Line Assistance……………….2 Who Must File .............................. 2 Fully Insured Welfare Benefit Plan ........................................... 4 P Funding Information .................... 61 Party-In-Interest ......................... 48 Penalties: G Administrative ........................... 7 General Schedules ....................... 8 Other ......................................... 7 Group Insurance Arrangement Pension Benefit Plan - Who (GIA) ........................................ 11 Must File ................................... 2 Pension Benefit Plan Filing Requirements ........................... 8 H Pension Schedule………….…… .. 8 How to get assistance ................... 2 Plan Administrator ...................... 16 Plan Sponsor .............................. 15 -84- |