Reporting and Disclosure

Guide for Employee

Benefit Plans

U.S. Department of Labor

Employee Benefits Security Administration

Reprinted August 2006

This publication reflects the law prior to the enactment of the Pension

Protection Act of 2006. For further information on the Pension Protection

Act, visit the EBSA Web site at www.dol.gov/ebsa/pensionreform.html

This Reporting and Disclosure Guide for Employee Benefit Plans

has been prepared by the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) with assistance from the Pension

Benefit Guaranty Corporation (PBGC). It is intended to be used as a

quick reference tool for certain basic reporting and disclosure requirements under the Employee Retirement Income Security Act of 1974

(ERISA). Not all ERISA reporting and disclosure requirements are reflected in this guide. For example, the guide, as a general matter, does not

focus on disclosures required by the Internal Revenue Code or the provisions of ERISA for which the Treasury Department and Internal Revenue

Service have regulatory and interpretive authority.

The guide contains, on page 17, a list of EBSA and PBGC resources,

including agency Internet sites, where laws, regulations, and other guidance are available on ERISA’s reporting and disclosure requirements.

Readers should refer to the law, regulations, instructions for any applicable form, or other official guidance issued by EBSA or the PBGC for

complete information on ERISA’s reporting and disclosure requirements.

This guide contains three chapters. The first chapter, beginning on

page 2, provides an overview of the most common disclosures that administrators of employee benefit plans are required to furnish to participants, beneficiaries, and certain other individuals under Title I of ERISA.

The chapter has three sections: Basic Disclosure Requirements for PenIntroduction

sion and Welfare Benefit Plans; Additional Disclosure Requirements for

Welfare Benefit Plans That Are Group Health Plans; and Additional Disclosure Requirements for Pension Plans.

The second chapter, beginning on page 8, provides an overview of

reporting and disclosure requirements for defined benefit pension plans

under Title IV of ERISA. The PBGC administers these provisions. The

chapter focuses primarily on single-employer plans and has four sections.

The first section - Pension Insurance Premiums - applies to covered singleemployer and multiemployer defined benefit plans. The last three sections

- Standard Terminations, Distress Terminations, and Other Reports - apply only to covered single-employer defined benefit plans.

The third chapter, beginning on page 12, provides an overview of the

Form 5500 and Form M-1 Annual Reporting requirements. The chapter

consists of the following quick reference charts: Pension and Welfare

Benefit Plan Form 5500 Quick Reference Chart; DFE Form 5500 Quick

Reference Chart; and Form M-1 Quick Reference Chart.

This Department of Labor publication is intended to improve public

access to information about the reporting and disclosure rules under

ERISA. We made every effort to ensure that the information presented

reflects current laws and final regulations as of July 2006.

1
Document Type of Information To Whom When

Overview of ERISA Title I Basic Disclosure Requirements1*

Summary plan description (SPD)

Summary of material modification

(SMM)

Summary annual report (SAR)

Notification of benefit determination

(claims notices or “explanation of

benefits”)

Plan documents

Primary vehicle for informing participants

and beneficiaries about their plan and how it

operates. Must be written for average

participant and be sufficiently comprehensive to apprise covered persons of their

benefits, rights, and obligations under the

plan. Must accurately reflect the plan’s

contents as of the date not earlier than 120

days prior to the date the SPD is disclosed.

See 29 CFR §§ 2520.102-2 and 2520.102-3

for style, format, and content requirements.

Describes material modifications to a plan

and changes in the information required to

be in the SPD. Distribution of updated SPD

satisfies this requirement. See 29 CFR

§ 2520.104b-3.

Narrative summary of the Form 5500. See

29 CFR § 2520.104b-10(d) for prescribed

format.

Information regarding benefit claim

determinations. Adverse benefit determinations must include required disclosures

(e.g., the specific reason(s) for the denial of

a claim, reference to the specific plan

provisions on which the benefit determination is based, and a description of the plan’s

appeal procedures).

The plan administrator must furnish copies

of certain documents upon written request

and must have copies available for

examination. The documents include the

latest updated SPD, latest Form 5500, trust

agreement, and other instruments under

which the plan is established or operated.

Participants and those pension plan

beneficiaries receiving benefits. (Also see

“Plan Documents” below for persons with

the right to obtain SPD upon request).

See 29 CFR § 2520.102-2(c) for provisions

on foreign language assistance when a

certain portion of plan participants are

literate only in the same non-English

language.

Participants and those pension plan

beneficiaries receiving benefits. (Also see

“Plan Documents” below for persons with

the right to obtain SMM upon request).

Participants and those pension plan

beneficiaries receiving benefits.

Claimants (participants and beneficiaries or

authorized claims representatives).

Participants and beneficiaries. Also see

29 CFR § 2520.104a-8 regarding the

Department’s authority to request documents.

Automatically to participants within 90

days of becoming covered by the plan

and to pension plan beneficiaries within 90

days after first receiving benefits.

However, a plan has 120 days after

becoming subject to ERISA to distribute

the SPD. Updated SPD must be furnished

every 5 years if changes made to SPD

information or plan is amended. Otherwise must be furnished every 10 years.

See 29 CFR § 2520.104b-2.

Automatically to participants and pension

plan beneficiaries receiving benefits; not

later than 210 days after the end of the plan

year in which the change is adopted.

Automatically to participants and pension

plan beneficiaries receiving benefits

within 9 months after end of plan year, or

2 months after due date for filing Form

5500 (with approved extension).

Requirements vary depending on type of

plan and type of benefit claim involved.

See 29 CFR § 2560.503-1 for prescribed

claims procedures requirements.

Copies must be furnished no later than 30

days after a written request. Plan

administrator must make copies available

at its principal office and certain other

locations as specified in 29 CFR

§ 2520.104b-1(b).

Section 1: Basic Disclosure Requirements for Pension and Welfare Benefit Plans

2

*All footnotes for this chapter are on page 4.
Document Type of Information To Whom When

Summary of material reduction in

covered services or benefits

Initial COBRA notice 3

COBRA election notice 3

Notice of unavailability of COBRA

Notice of early termination of COBRA

coverage

Certificate of creditable coverage

Summary of group health plan amendments

and changes in information required to be

in SPD that constitute a “material reduction

in covered services or benefits.” See 29

CFR § 2520.104b-3(d)(3) for definitions.

Notice of the right to purchase temporary

extension of group health coverage when

coverage is lost due to a qualifying event.

For more information, see EBSA’s booklet

An Employer’s Guide to Group Health

Continuation Coverage Under COBRA.

Notice to “qualified beneficiaries” of their

right to elect COBRA coverage upon

occurrence of qualifying event. For more

information, see EBSA’s booklet An

Employer’s Guide to Group Health

Continuation Coverage Under COBRA.

Notice that an individual is not entitled to

COBRA coverage.

Notice that a qualified beneficiary’s COBRA

coverage will terminate earlier than the

maximum period of coverage.

Notice from employee’s former group

health plan documenting prior group health

plan creditable coverage. See 29 CFR §

2590.701-5(a)(3)(ii) for information required

to be included on the certificate. For more

information, see EBSA’s Compliance

Assistance Guide: Health Coverage Under

Federal Law.

Participants.

Covered employees and covered spouses.

Covered employees, covered spouses,

and dependent children who are qualified

beneficiaries.

Individuals who provide notice to the

administrator of a qualifying event whom

the administrator determines are not eligible

for COBRA coverage.

Qualified beneficiaries whose COBRA

coverage will terminate earlier than the

maximum period of coverage.

Participants and beneficiaries who lose

coverage.

Generally within 60 days of adoption of

material reduction in group health plan

services or benefits. See 29 CFR

§ 2520.104b-3(d)(2) regarding 90-day

alternative rule for furnishing the required

information.

When group health plan coverage

commences.

The administrator must provide qualified

beneficiaries with this notice, generally

within 14 days after being notified by the

employer or qualified beneficiary of the

qualifying event. The time period for the

employer or qualified beneficiary to notify

the plan administrator varies depending on

the type of qualifying event that has

occurred. See ERISA §§ 606(a)(2),

606(a)(3), and 606(a)(4).

The administrator must provide this notice

generally within 14 days after being

notified by the individual of the qualifying

event.

As soon as practicable following the

administrator’s determination that

coverage will terminate.

Automatically upon losing group health

plan coverage, becoming eligible for

COBRA coverage, and when COBRA

coverage ceases. A certificate may be

requested free of charge anytime prior to

losing coverage and within 24 months of

losing coverage.

Section 2: Additional Disclosure Requirements for Welfare Benefit Plans That Are Group Health Plans 2

3
Document Type of Information To Whom When

4

General notice of preexisting

condition exclusion4

Individual notice of period of

preexisting condition exclusion4

Notice of special enrollment rights4

Women’s Health and Cancer Rights

Act (WHCRA) notices4

Medical Child Support Order (MCSO)

notice

Notice describing a group health plan’s

preexisting condition exclusion and how

prior creditable coverage can reduce the

preexisting condition exclusion period.

See 29 CFR § 2590.701-3(e) for prescribed

requirements.

Notice that a specific preexisting condition

exclusion period applies to an individual

upon consideration of creditable coverage

evidence and an explanation of appeal

procedures if the individual disputes the

plan’s determination. See 29 CFR §

2590.701-3(e) for prescribed requirements.

Notice describing the group health plan’s

special enrollment rules including the right

to special enroll within 30 days of the loss

of other coverage or of marriage, birth of a

child, adoption, or placement for adoption.

See 29 CFR § 2590.701-6(c) for prescribed

requirements as well as a model notice.

Notice describing required benefits for

mastectomy-related reconstructive surgery,

prostheses, and treatment of physical

complications of mastectomy. For more

information, see EBSA’s booklet Your

Rights After A Mastectomy - Women’s

Health and Cancer Rights Act of 1998.

Notification from plan administrator

regarding receipt and qualification

determination on a MCSO directing the

plan to provide health insurance coverage

to a participant’s noncustodial children. See

ERISA § 609(a)(5)(A) for prescribed

requirements.

Participants.

Participants and beneficiaries who

demonstrate creditable coverage that is not

enough to completely offset the preexisting

condition exclusion.

Employees eligible to enroll in a group

health plan.

Participants.

Participants, any child named in a MCSO,

and his or her representative.

Must be provided as part of any written

application materials distributed for

enrollment. If the plan or issuer does not

distribute such materials, by the earliest

date following a request for enrollment that

a plan or issuer, acting in a reasonable and

prompt fashion, can provide the notice.

As soon as possible following the

determination of creditable coverage.

At or before the time an employee is

initially offered the opportunity to enroll in

the group health plan.

Notice must be furnished upon enrollment

and annually.

Administrator, upon receipt of MCSO,

must promptly issue notice (including

plan’s procedures for determining its

qualified status). Administrator must also

issue separate notice as to whether the

MCSO is qualified within a reasonable time

after its receipt.

1 Please refer to the Department’s regulations and other guidance for information on the extent to which charges may be assessed to cover the cost of furnishing particular information, statements, or documents to participants and

beneficiaries required under Title I of ERISA. See, e.g., 29 CFR 2520.104b-30.

2 The term “group health plan” means an employee welfare plan to the extent that the plan provides medical care to employees or their dependents directly or through insurance, reimbursement or otherwise. 3 COBRA generally applies to group health plans of employers who employed 20 or more employees during the prior calendar year. Provisions of COBRA covering State and local government plans are administered by the

Department of Health and Human Services. COBRA does not apply to plans sponsored by certain church-related organizations.

4 For more information, see EBSA’s Compliance Assistance Guide: Health Benefits Coverage Under Federal Law.
Document Type of Information To Whom When

Document Type of Information To Whom When

National Medical Support (NMS)

notice

Notice used by State agency responsible

for enforcing health care coverage

provisions in a MCSO. See ERISA §

609(a)(5) and 29 CFR § 2590.609-2 for

prescribed requirements. Depending upon

certain conditions, employer must

complete and return Part A of the NMS

notice to the State agency or transfer Part B

of the notice to the plan administrator for a

determination on whether the notice is a

qualified MCSO.

State agencies, employers, plan administrators, participants, custodial parents,

children, representatives.

Employer must either send Part A to the

State agency, or Part B to plan administrator, within 20 days after the date of the

notice or sooner, if reasonable. Administrator must promptly notify affected

persons of receipt of the notice and the

procedures for determining its qualified

status. Administrator must within 40-

business days after its date or sooner, if

rea-sonable, complete and return Part B to

the State agency and must also provide

required information to affected persons.

Under certain circumstances, the

employer may be required to send Part A

to the State agency after the plan

administrator has processed Part B.

5

Section 3: Additional Disclosure Requirements for Pension Plans

Individual benefit statements

Suspension of benefits notice

Statements of total accrued benefits and

total nonforfeitable pension benefits, if any,

which have accrued, or the earliest date on

which benefits become nonforfeitable. See

ERISA §§ 105 and 209.

Notice that benefit payments are being

suspended during certain periods of

employment or reemployment. See 29

CFR § 2530.203-3 for prescribed requirements.

Participants and beneficiaries

Employees whose benefits are suspended.

Requirements vary depending on

whether the administrator is responding

to a written request for an accrued benefit

statement (generally such statements

must be furnished within 30 days of the

request but no more than once in a 12

month period) or whether the administrator is furnishing the notice automatically

due to the occurrence of certain specified

events such as certain separations from

covered service and certain breaks in

service. The requirements also vary

depending on whether more than one

unaffiliated employer is required to

contribute to the plan.

During first month or payroll period in

which the withholding of benefit

payments occurs.
Document Type of Information To Whom When

Notice of transfer of excess pension

assets to retiree health benefit

account

Domestic relations order (DRO) and

qualified domestic relations order

(QDRO) notices

Notice of significant reduction in

future benefit accruals

Notice of failure to meet minimum

funding standards

Notification of transfer of defined benefit

plan excess assets to retiree health benefit

account. See ERISA § 101(e) for prescribed requirements.

Notifications from plan administrator

regarding its receipt of a DRO, and upon a

determination as to whether the DRO is

qualified. For more information see ERISA

§ 206(d)(3) and the EBSA booklet QDROs:

The Division of Pensions Through

Qualified Domestic Relations Orders.

Notice of plan amendments to defined

benefit plans and certain defined contribution plans that provide for a significant

reduction in the rate of future benefit

accruals or the elimination or significant

reduction in an early retirement benefit or

retirement-type subsidy. See 26 CFR

§ 54.4980F-1 for further information.

Notification of failure to make a required

installment or other plan contribution to

satisfy minimum funding standard within 60

days of contribution due date. (Not

applicable to multiemployer plans). See

ERISA § 101(d) for more information.

Employer sponsoring pension plan from

which transfer is made must give notice to

the Secretaries of Labor and Treasury, each

employee organization representing plan

participants, and the plan administrator. Plan

administrator must notify each participant

and beneficiary under the plan.

Participants, and alternate payees (i.e.,

spouse, former spouse, child, or other

dependent of a participant named in a DRO

as having a right to receive all or a portion

of the participant’s plan benefits).

Participants, alternate payees under a

QDRO, and employee organizations.

Participants, beneficiaries, and alternative

payees under QDROs.

Notices must be given not later than 60

days before the date of the transfer. The

employer notice also must be available

for inspection in the principal office of

the administrator.

Administrator, upon receipt of the DRO,

must promptly issue the notice (including the plan’s procedures for determining

its qualified status). The second notice,

regarding whether the DRO is qualified,

must be issued within a reasonable

period of time after receipt of the DRO.

Except as provided in regulations

prescribed by the Secretary of Treasury,

notice must be provided within a

reasonable time before the effective date

of the plan amendment.

Must be furnished within a “reasonable”

period of time after the failure. ERISA §

4011 notice, if provided within a

reasonable time after the failure, satisfies

this requirement. See 60 F.R. 34412

(June 30, 1995). Notice is not required if

a funding waiver is requested in a timely

manner; if waiver is denied, notice must

be provided within 60 days after the

denial.

6
Document Type of Information To Whom When

Section 404(c) plan disclosures

Notice of blackout period for individual

account plans

Multiemployer plan annual funding

notice

Investment-related and certain other

disclosures for participant-directed

individual account plans described in 29

CFR § 2550.404c-1.

Notification of any period of more than 3

consecutive business days when there is a

temporary suspension, limitation or

restriction under an individual account plan

on directing or diversifying plan assets,

obtaining loans, or obtaining distributions.

Basic financial information about the DB

pension plan, including statement of the

plan’s funded current liability percentage;

statement of the market value of the plan’s

assets and valuation date; the amount of

benefit payments under the plan; ratio of the

plan’s assets to benefit payments; summary

of rules governing insolvent

multiemployer plans; and a description of

the benefits guaranteed under PBGC’s

multiemployer program. See 29 CFR

§ 2520.101-4(b).

Participants or beneficiaries, as applicable.

Participants and beneficiaries of individual

account plans affected by such blackout

periods and issuers of affected employer

securities held by the plan.

Participants, beneficiaries receiving

benefits, each labor organization representing participants under the plan, each

employer that has an obligation to

contribute under the plan, and PBGC. See

29 CFR § 2520.101-4(f).

Certain information should be furnished

to participants or beneficiaries before

the time when investment instructions

are to be made; certain information must

be furnished upon request.

Generally at least 30 days but not more

than 60 days advance notice. See

ERISA § 101(i) and 29 CFR § 2520.101-3

for further information on the notice

requirement.

Automatically within 9 months after end

of plan year, or 2 months after due date

for filing Form 5500 (with approved

extension).

7
Document Type of Information To Whom When

Document Type of Information To Whom When

Overview of Basic PBGC Reporting and Disclosure Requirements

Section 1: Pension Insurance Premiums (for covered single-employer and multiemployer defined benefit plans)

(ERISA §§ 4006 and 4007; 29 CFR Parts 4006 and 4007)*

Section 2: Standard Terminations (for covered single-employer defined benefit plans)

(ERISA §§ 4041 and 4050; 29 CFR Parts 4041 and 4050)

Form 1-ES

Form 1 (with Schedule A for singleemployer plans)

Form 1-EZ

Notice of Intent to Terminate

Form 500 - Standard Termination

Notice

Notice of Plan Benefits

Form 501 - Post-Distribution

Certification

Schedule MP - Missing Participants

Estimated flat-rate premium payment (with

supporting data) for plans with 500 or more

participants in prior plan year.

Annual premium payment (with supporting

data) for all plans except single-employer

plans that claim an exemption from the

variable-rate premium.

Annual premium payment (with supporting

data) for a single-employer plan that claims an

exemption from the variable-rate premium.

Advises of proposed termination and

provides information about the termination

process.

Advises of proposed termination and

provides plan data.

Provides information on each person’s

benefits.

Certifies that distribution of plan assets has

been properly completed.

Advises of a participant or beneficiary under a

terminating plan whom the plan administrator

cannot locate.

By last day of second full calendar

month following end of prior plan

year.

By the 15th day of tenth full calendar

month following end of prior plan

year.

By the 15th day of tenth full calendar

month following end of prior plan

year.

At least 60 and no more than 90 days

before proposed termination date. (If

possible insurers not known at this

time, supplemental notice no later than

45 days before distribution date.)

No later than 180 days after proposed

termination date.

No later than the time Form 500

(Standard Termination Notice) is filed

with PBGC.

No later than the 30th day after distribution of plan assets completed. (If PBGC

assesses a penalty, it will do so only to

the extent the form is filed more than 90

days after distribution deadline, including

extensions.)

Filed with Form 501. (See above for

time limits.)

Pension Benefit Guaranty

Corporation (PBGC).

PBGC

PBGC

Participants, beneficiaries, alternate

payees, and union.

PBGC

Participants, beneficiaries, and alternate

payees.

PBGC

PBGC

8

*See footnote for this section on page 9.
Document Type of Information To Whom When

Section 3: Distress Terminations (for covered single-employer defined benefit plans)

(ERISA §§ 4041 and 4050; 29 CFR Parts 4041 and 4050)

Form 600 - Distress Termination

Notice of Intent to Terminate

Notice of Intent to Terminate to

Affected Parties Other than PBGC

Notice of Request to Bankruptcy

Court to Approve Termination

Form 601 - Distress Termination

Notice, Single-Employer Plan

Termination

Form 602 - Post-Distribution

Certification for Distress

Termination

Schedule MP - Missing Participants

Advises of proposed termination and

provides plan and sponsor data.

Advises of proposed termination and

provides information about the termination process.

Advises of sponsor’s/controlled group

member’s request to Bankruptcy Court to

approve plan termination based upon

reorganization test.

Demonstrates satisfaction of distress

criteria, and provides plan and sponsor/

controlled group data.

Certifies the distribution of plan assets has

been properly completed for a plan that is

sufficient for guaranteed benefits.

Advises of a participant or beneficiary

under a terminating plan whom the plan

administrator cannot locate. (This

assumes plan is sufficient for guaranteed

benefits.)

At least 60 days and (except with PBGC

approval) no more than 90 days before

proposed termination date.

No later than the time Form 600

(Notice of Intent to Terminate) is filed

with PBGC.

Concurrent with request to Bankruptcy

Court.

No later than the 120th day after the

proposed termination date.

No later than the 30th day after

distribution of plan assets completed. (If

PBGC assesses a penalty, it will do so

only to the extent the form is filed more

than 90 days after the distribution

deadline, including extensions.)

Filed with Form 602. (See above for

the time limits.)

PBGC

Participants, beneficiaries, alternate

payees, and union.

PBGC

PBGC

PBGC

PBGC

9

* Note: On June 1, 2006, PBGC published a final rule requiring that, effective July 1, 2006, large plans (those with 500 or more participants in the prior year) e-file for plan years beginning on or after January 1, 2006, and that all

plans e-file for plan years beginning on or after January 1, 2007. To electronically submit premium filings and payments to the PBGC, use PBGC’s online application, My Plan Administration Account (My PAA), instead of the

forms listed below. My PAA and more information can be found at the PBGC’s Web site (www.pbgc.gov) on the page for Practitioners under Premium Filings.
Document Type of Information To Whom When

Section 4: Other Reports (for covered single-employer defined benefit plans)

Form 10 - Post-Event Notice of

Reportable Events

Form 10-Advance - Advance Notice

of Reportable Events

Form 200 - Notice of Failure to

Make Required Contributions

Reporting of Substantial Cessation

of Operation and of Withdrawal of

Substantial Employer

Requires submission of information relating

to event, plan, and controlled group for:

failure to make a required minimum funding

payment, active participant reduction,

change in contributing sponsor or

controlled group, application for funding

waiver, liquidation, bankruptcy, and various

other events. See ERISA § 4043 and 29

CFR Part 4043.

Requires submission of information relating

to event, plan, and controlled group for:

change in contributing sponsor or

controlled group, liquidation, loan default,

transfer of benefit liabilities, and various

other events. This requirement applies to

privately held controlled groups with plans

having aggregate unfunded vested benefits

over $50 million and an aggregate funded

vested percentage under 90 percent.

See ERISA § 4043 and 29 CFR Part 4043.

Requires submission of information relating

to plan and controlled group where plan

has aggregate missed contributions of more

than $1 million. See ERISA § 302(f)(4) and 29

CFR Part 4043, subparts A and D.

Advises PBGC of certain cessations of

operation and of withdrawals of substantial employers and requests determination

of liability. See ERISA §§ 4062(e) and

4063(a).

No later than 30 days after plan

administrator or contributing sponsor

knows (or has reason to know) the

event has occurred. (Extensions may

apply)

At least 30 days in advance of effective

date of event. (Extensions may apply)

No later than 10 days after contribution

due date.

No later than 60 days after event.

PBGC

PBGC

PBGC

PBGC

10
Document Type of Information To Whom When

Annual Financial and Actuarial

Information Reporting

Participant Notice

Requires submission of actuarial and

financial information for controlled

groups where: unfunded vested benefits

of all plans maintained by the group

exceed $50 million (disregarding those

plans with no unfunded vested benefits), a

plan’s minimum funding waiver(s)

exceed(s) $1 million, or the group is

subject to a lien for missed contributions

to a plan (if not paid within 10 days). See

ERISA § 4010 and 29 CFR Part 4010.

Advises of underfunded plan’s funding

status and limits on PBGC’s guarantee.

See ERISA § 4011 and 29 CFR Part 4011.

PBGC

Note: For information years ending on

or after December 31, 2005, information

must be submitted using the PBGC’s

secure e-4010 web-based application.

The web-based application and more

information can be found at the PBGC’s

Web site www.pbgc.gov on the page for

Practitioners under Reporting & Disclosure, 4010 Filing Requirements.

Participants, beneficiaries, alternate

payees, and union.

No later than 105 days after the close

of the filer’s information year, with a

possible extension for certain required

actuarial information until 15 days after

filing deadline for annual report (Form

5500).

No later than 2 months after filing

deadline for Form 5500 for previous

plan year.

11
Overview of Form 5500 and Form M-1 Annual Reporting Requirements

classes of plans exempt from filing an annual report or eligible for

limited reporting are described in the Form 5500 instructions.

The Form 5500 filed by plan administrators and GIAs are due by the

last day of the 7th calendar month after the end of the plan or GIA year

(not to exceed 12 months in length). See the Form 5500 instructions for

information on extensions. The Form 5500 filed by DFEs other than

GIAs are due no later than 91/2 months after the end of the DFE year.

Two quick reference charts from the 2006 Form 5500 immediately

follow this section and describe the basic filing requirements for small

plans, large plans, and DFEs. The two charts are: Pension and Welfare

Benefit Plan Form 5500 Quick Reference Chart on pages 13 and 14, and

DFE Form 5500 Quick Reference Chart on page 15. Check the EFAST

Internet site at www.efast.dol.gov and the latest Form 5500 instructions for information on who is required to file, how to complete the

forms, when to file, EFAST approved software, and electronic filing

options. Also check the EFAST Internet site for Form 5500s, Schedules,

and Instructions for years prior to 2006, if you are submitting a late or

amended filing.

Form M-1 Annual Reporting Requirements

Administrators of multiple employer welfare arrangements (MEWAs)

and certain other entities that offer or provide coverage for medical

care to employees of two or more employers are generally required to

file the Form M-1 (Report for Multiple Employer Welfare Arrangements

(MEWAs) and Certain Entities Claiming Exception (ECEs)). The Form

M-1 is filed with EBSA and can be filed online at

http://www.askebsa.dol.gov/mewa. The Form M-1 is due no later than

March 1, following any calendar year for which a filing is required. A

quick reference chart on Reporting Requirements for MEWAs and ECEs

is on page 16. Also, check the EBSA Internet site at www.dol.gov/ebsa

for more information on the Form M-1.

Form 5500 Annual Reporting Requirements

EBSA, in conjunction with the Internal Revenue Service (IRS) and the

PBGC, publishes the Form 5500 Annual Return/Report forms used by

plan administrators to satisfy various annual reporting obligations

under ERISA and the Internal Revenue Code (Code).

The Form 5500 is filed and processed under the ERISA Filing Acceptance

System (EFAST). There are two formats for filing the Form 5500.* The

first format, “machine print,” is completed using computer software

from EFAST-approved vendors and can be filed electronically or by

mail, including certain private delivery services. The other format,

“hand print,” may be completed by typewriter, by hand, or by using

computer software from EFAST approved vendors, and may be filed

only by mail, including certain private delivery services.

The Form 5500 filing requirements vary according to the type of filer.

There are three general types of filers: small plans (generally plans

with fewer than 100 participants as of the beginning of the plan year);

large plans (generally plans with 100 or more participants as of the

beginning of the plan year); and direct filing entities (DFEs). DFEs are

trusts, accounts, and other investment or insurance arrangements that

plans participate in and that are required to or allowed to file the Form

5500 directly with EBSA. These investment and insurance arrangements include master trust investment accounts (MTIAs), common/

collective trusts (CCTs), pooled separate accounts (PSAs), 103-12

investment entities (103-12 IEs), and group insurance arrangements

(GIAs). MTIAs are the only DFE for which the filing of the Form 5500 is

mandatory. Employee benefit plans that participate in CCTs, PSAs,

103-12 IEs, and GIAs that file as DFEs are eligible for certain annual

reporting relief.

Certain employee benefit plans are exempt from the annual reporting

requirements or are eligible for limited reporting options. The major

12

* For plan years and DFE reporting years beginning January 1, 2008, all Forms 5500 Annual Return/Report must be filed electronically. See 71 FR 41359 (July 21, 2006).
Large Pension Plan Small Pension Plan Small Welfare Plan Large Welfare Plan

Section 1: Pension and Welfare Benefit Plan Quick Reference Chart: Form 5500, Schedules and Attachments

Form 5500

Schedule A -

Insurance Information

Schedule B -

Actuarial Information

Schedule C -

Service Provider Information

Schedule D -

DFE/Participating Plan

Information

Schedule E -

ESOP Annual Information

Schedule G -

Financial Transaction

Schedules

Schedule H -

Large Plan and DFE Financial

Information

Schedule I -

Small Plan Financial

Information

Schedule R -

Retirement Plan Information

Must complete.

Must complete if plan has

insurance contracts for benefits

or investments.

Not required.

Must complete if service

provider was paid $5,000 or

more or an accountant or

enrolled actuary was terminated.

Must complete Part I if a plan

participates in a CCT, PSA,

MTIA, or 103-12 IE.

Not required.

Must complete if Schedule H,

lines 4b, 4c, or 4d are required

to be marked “Yes.” 5, 6

Must complete. 5, 7

Not required.

Not required.

Must complete. 2

Must complete if plan has

insurance contracts for benefits

or investments.

Must complete if defined benefit

plan and subject to minimum

funding standards. 4

Must complete if service

provider was paid $5,000 or

more or an accountant or

enrolled actuary was terminated.

Must complete Part I if a plan

participates in a CCT, PSA,

MTIA, or 103-12 IE.

Must complete if ESOP.

Must complete if Schedule H,

lines 4b, 4c, or 4d are required

to be marked “Yes.” 5

Must complete. 2, 5

Not required.

Must complete, unless exempt. 8

Must complete. 2

Must complete if plan has

insurance contracts for benefits

or investments.

Must complete if defined benefit

plan and subject to minimum

funding standards. 4

Not required.

Must complete Part I if a plan

participates in a CCT, PSA,

MTIA, or 103-12 IE.

Must complete if ESOP.

Not required.

Not required.

Must complete. 2

Must complete, unless exempt. 8

Must complete. 3

Must complete if plan has

insurance contracts for

benefits3

 or investments.

Not required.

Not required.

Must complete Part I if a plan

participates in a CCT, PSA,

MTIA, or 103-12 IE.

Not required.

Not required.

Not required.

Must complete. 3

Not required.

13

1*

*See footnotes for certain exemptions and other technical requirements. All footnotes for this section are on page 14.
Large Pension Plan Small Pension Plan Small Welfare Plan Large Welfare Plan

Schedule SSA -

Annual Registration Statement

Identifying Separated

Participants with Deferred

Vested Benefits

Independent Qualified Public

Accountant’s Report

Must complete if plan had

separated participants with

deferred vested benefits to

report.

Must attach. 2, 9

Must complete if plan had

separated participants with

deferred vested benefits to

report.

Not required unless Schedule I,

line 4k, is checked “No.” 9

Not required.

Must attach. 7, 9

Not required.

Not required.

14

1 This chart provides only general guidance and not all rules and requirements are reflected. Refer to specific Form 5500 instructions for complete information on filing requirements.

2 Pension plans are exempt from filing any schedules and the independent qualified public accountant’s report if the plan uses a Code section 403(b)(1) annuity and/or 403(b)(7)

custodial account, or 408 individual retirement account or annuity as the sole funding vehicle for providing benefits. Pension benefit plans providing benefits exclusively through

an insurance contract or contracts that are fully guaranteed and that meet all of the conditions of 29 § CFR 2520.104-44(b)(2) during the entire plan year are exempt from filing

Schedule H, Schedule I, and the independent qualified public accountant’s report.

3 Unfunded, fully insured and combination unfunded/insured welfare plans covering fewer than 100 participants at the beginning of the plan year that meet the requirements of 29 CFR § 2520.104-20 are exempt from filing an annual report. 4 Must also complete if filed for a money purchase defined contribution plan required to amortize a waiver of the minimum funding requirements. 5 Must also complete schedules of assets and reportable (5 percent) transactions if Schedule H, lines 4i or 4j, are marked “yes,” but use of computer scannable form is not required. 6 Must also complete to report any nonexempt transactions even if Schedule H is not required.

7 Unfunded, fully insured and combination unfunded/insured welfare plans covering 100 or more participants at the beginning of the plan year that meet the requirements of 29 CFR

 § 2520.104-44 are exempt from the accountant’s report requirement and completing Schedule H.

8 Must complete if defined benefit plan or plan is otherwise subject to minimum funding requirements. Certain other pension plans also may be required to complete this schedule.

See Schedule R instructions for further explanation.

9 For information on the requirements for deferring an accountant’s report pursuant to 29 CFR § 2520.104-50 in connection with a short plan year of 7 months or less and the contents

of the required explanatory statement, see the Form 5500 instructions.
Large Pension Plan Small Pension Plan Small Welfare Plan Large Welfare Plan

Form 5500

Schedule A -

Insurance Information

Schedule C -

Service Provider

Information

Schedule D -

DFE/Participating Plan

Information

Schedule G -

Financial Transaction

Schedules

Schedule H -

Large Plan and DFE

Financial Information

Schedules of Assets and

Reportable (5 percent)

Transactions

Independent Qualified

Public Accountant’s Report

Must complete if filing as a DFE. 2

Must complete if 103-12 IE has

insurance contracts.

Must complete Part I if service

provider was paid $5,000 or

more and Part II if an accountant

was terminated.

List all plans that participated in

the 103-12 IE in Part II. List all

CCTs, PSAs, and 103-12 IEs in

which the 103-12 IE participated

or invested during the 103-12 IE

year in Part I.

Must complete if Schedule H,

lines 4b, 4c, or 4d, are required

to be checked “Yes.”

Must complete Parts I, II, III,

and IV.

Must complete Schedules of

Assets if Schedule H, line 4i, is

required to be checked “Yes.”

Schedule of Reportable (5 percent)

Transactions not required. See

Schedule H instructions.

Must attach.

Must complete. 2

Must complete if MTIA has

insurance contracts.

Must complete Part I if service

provider was paid $5,000 or

more. Part II not required.

List all plans that participated in

the MTIA in Part II. List all

CCTs, PSAs, and 103-12 IEs in

which the MTIA participated or

invested during the MTIA year

in Part I.

Must complete if Schedule H,

lines 4b, 4c, or 4d, are required

to be checked “Yes.”

Must complete Parts I, II, III,

and IV.

Must complete if Schedule H,

lines 4i or 4j, are required to be

checked “Yes.” See Schedule

H instructions.

Not required.

Must complete if filing as a DFE. 2

Not required.

Not required.

List all plans that participated in

the CCT or PSA in Part II. List all

CCTs, PSAs, and 103-12 IEs in

which the CCT or PSA participated or invested during the CCT

or PSA year in Part I.

Not required.

Must complete Parts I, II, and III.

Skip Part IV.

Not required.

Not required.

Must complete if filing as a DFE. 2

Must complete.

Must complete Part I if service

provider was paid $5,000 or

more and Part II if an

accountant was terminated.

List all plans that participated in

the GIA in Part II. List all

CCTs, PSAs and 103-12 IEs in

which the GIA participated or

invested during the GIA year

in Part I.

Must complete if Schedule H,

lines 4b, 4c, or 4d, are required

to be checked “Yes.”

Must complete Parts I, II, III,

and IV.

Must complete if Schedule H,

lines 4i or 4j, are required to

be checked “Yes.” See

Schedule H instructions.

Must attach.

Section 2: DFE Quick Reference Chart: Form 5500, Schedules and Attachments

15

1 This chart provides only general guidance and not all rules and requirements are reflected. Refer to specific Form 5500 instructions for complete information on filing requirements.

2

 An MTIA is the only DFE for which the filing of the Form 5500 is mandatory. Employee benefit plans that participate in CCTs, PSAs, 103-12 IEs, and GIAs that file as DFEs are

eligible for certain annual reporting relief.

1
Document Type of Information To Whom When

Section 3: MEWAs and ECEs Quick Reference Chart: Form M-1

16

MEWA or ECE identifying information.

States in which coverage is provided,

insurance information, number of

participants covered, and information

about compliance with Part 7 of ERISA,

including any litigation alleging noncompliance.

Administrators of MEWAs and ECEs that

offer or provide coverage for medical

care to employees of two or more

employers (including one or more selfemployed individuals) are generally

required to file the Form M-1.

An ECE is an entity that claims it is not a

MEWA due to the exception in the

definition of MEWA for entities that are

established and maintained under or

pursuant to one or more agreements that

the Secretary of Labor finds to be

collective bargaining agreements. For

more information on this exception, see

29 CFR § 2510.3-40.

Annual Report: By March 1st of the

year following the calendar year for

which report is required. An extension

until May 1st is available. For ECEs, an

annual report is required to be filed only

if the ECE was last originated within 3

years before annual filing due date.

Origination Report: Due within 90 days

of origination.

“Origination” generally occurs when:

(1) the MEWA or ECE first begins

offering or providing coverage; (2) the

MEWA or ECE begins offering or

providing coverage after a merger

(unless all MEWAs or ECEs involved in

the merger were last originated at least

3 years prior to the merger); or (3) the

number of employees to which the

MEWA offers or provides coverage has

grown at least 50 percent. Therefore, a

MEWA or ECE may be originated more

than once.

1 This chart provides only general guidance and not all rules and requirements are reflected.

1

Form M-1

Report for Multiple Employer Welfare

Arrangements (MEWAs) and Certain

Entities Claiming Exception (ECEs)

EBSA
EBSA Resources

For more information about EBSA’s reporting and disclosure requirements,

contact:

U.S. Department of Labor

Employee Benefits Security Administration

200 Constitution Ave., N.W.

Washington, DC 20210

1-866-444-EBSA (3272)

Web site: www.dol.gov/ebsa

For assistance on completing the Form 5500, call the EFAST Help Line at

1-866-463-3278.

For assistance on completing the Form M-1, call (202) 693-8360.

The following publications may be helpful in providing a more detailed

explanation on specific subject matter:

An Employer’s Guide to Group

Health Continuation Coverage

Under COBRA

Provides a general explanation of the COBRA right to purchase a

temporary extension of group health insurance.

Your Rights After A Mastectomy:

Women’s Health and Cancer

Rights Act of 1998

Explains the rules applicable to group health plans that offer

mastectomy coverage.

QDROs: The Division of Pensions Through

Qualified Domestic Relations Orders

Addresses the division of pension assets during divorce or legal

separation.

Troubleshooter’s Guide to Filing the ERISA

Annual Report (Form 5500)

Focuses on how to avoid common reporting errors.

Compliance Assistance Guide:

Health Benefits Coverage Under Federal Law

Describes the obligations of group health plans and group health

insurance issuers under Part 7 of Title I of ERISA, including provisions of the Health Insurance Portability and Accountability Act.

Also includes sample language that may be used to meet disclosure

requirements.

These and other EBSA publications may be obtained from:

Toll-free number: 1- 866-444-EBSA (3272)

Web site: www.dol.gov/ebsa

PBGC Resources

For information about PBGC’s reporting and disclosure requirements,

call 1-800-736-2444 or (202) 326-4242.

For premium-related questions, write to:

Pension Benefit Guaranty Corporation

P.O. Box 64916

Baltimore, MD 21264-4916

For questions on other topics such as plan terminations and reportable

events, write to:

Pension Benefit Guaranty Corporation

Standard Termination Compliance Division/

Processing and Technical Assistance Branch

1200 K St., N.W., Suite 930

Washington, DC 20005-4026

Web site: www.pbgc.gov

17