Author, Ryan Gorman, Atlanta, +1 404 572 4609, rgorman@kslaw.com.
Employers and plan sponsors must comply with numerous filing and notice deadlines for their retirement and health and welfare plans. Failure to comply with these deadlines can result in costly penalties and excise taxes. To avoid such penalties and excise taxes, employers must remain informed with respect to the filing and notice deadlines associated with their plans.
The filing and notice deadline table below provides key filing and notice deadlines common to calendar year plans for the next two months. Please note that the deadlines will be different if your plan year is not the calendar year. Please also note that the table does not include all applicable filing and notice deadlines, just the most common ones. King & Spalding is happy to assist you with any questions you may have regarding compliance with the filing and notice requirements for your employee benefit plans.
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Deadline
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Item
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Action
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Affected Plans
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June 30
(last day of 6th month following the plan year)
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Excess Contributions
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Deadline for plan administrator to distribute eligible automatic contribution arrangement (EACA) excess contributions and earnings from the prior year to avoid 10% excise tax.
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401(k) Plans with EACA
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July 29 (no later than 210 days after the end of the plan year in which the change was effective)
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Summary of Material Modifications
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Deadline for plan administrator to distribute summary of material modifications reflecting any changes to the summary plan description (SPD) arising from any plan amendments adopted during prior year (unless a revised SPD is distributed that contains the modification).
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Retirement Plans
Health & Welfare Plans
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July 31
(the last day of the 7th month following the plan year)
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DOL Form 5500
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Deadline for plan administrator to file Form 5500 (Annual Return/Report of Employee Benefit Plan) for prior year. This deadline is extended 2 ½ months if the plan administrator files Form 5558.
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Retirement Plans
Health and Welfare Plans
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IRS Form 8955-SSA
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Deadline for plan administrator to file Form 8955-SSA (Annual Registration Statement Identifying Separated Participants with Deferred Vested Benefits). This deadline is extended by 2 ½ months if the plan administrator files a Form 5558.
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Retirement Plans
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