2011 Compliance Calendar
January
Jan 18 / Last required quarterly contribution for defined benefit (DB) plans for 2010, due 15 days after last plan year quarter. Note: Deadline is usually January 15, which is a Saturday in 2011. January 17 is a holiday.
Jan 31 / Many recordkeepers require participant data for average deferral percentage (ADP)/average contribution percentage (ACP), top heavy and 402(g) compliance testing to be returned by this date.
Jan 31 / Deadline for sending Form 1099-R to participants who received distributions during the previous year.
Jan 31 / Deadline for submitting individually designed plans to the IRS determination letter program. (For 2011, this applies to employers with identification numbers that end in 0 or 5.)
Jan 31 / DB Notice of Benefit Restrictions must be provided to participants and beneficiaries of any benefit restrictions that apply due to the plan being less than 80% funded. Note: Due January 31, or 30 days after valuation date at which the restriction is determined.
February
Feb 15 / Quarterly Benefit/Disclosure Statement for Participant-Directed Defined Contribution (DC) Plans: Good Faith Compliance (due 45 days after the end of the quarter).
Feb 28 / Deadline for filing form 1099-R with the IRS to report distributions made in the previous year (if not filed electronically).
Feb 28 / PBGC Form 1-ES Estimated Premium Payment (flat-rate premium for plans with >500 participants) due. Note: This is due by the last day of the second month in the premium payment year.
March
Mar 15 / Employer contributions due for 12/31 fiscal year-ends in order to take deduction with no corporate tax extension.
Mar 15 / Forms 1042S and 1042 due to IRS to report retirement plan distributions made to nonresident aliens and income tax withheld from distributions made to nonresident aliens.
Mar 15 / Deadline for ADP/ACP refunds without 10% excise tax on employer (due 2 ½ months following plan year end). Note: A special deadline applies to plans satisfying the requirements of an EACA. See June.
Mar 15 / Application of Waiver for Minimum Funding Standard for DB and money purchase pension plans (due no later than the 15th day of the third month after the close of the plan year for which the waiver is requested).
Mar 31 / Electronic filing of 1099-Rs for 2010 distributions due to IRS.
April
Apr 1 / Initial Required Minimum Distribution (RMD) due to participants who turned 70 ½ in 2010.
Apr 15 / 402(g) distributions of excess deferral amounts due to participants.
Apr 15 / First required quarterly contribution due for DB plans for 2011 plan year.
(Cont…)
May
May 2 / Annual funding notice to participants, beneficiaries, and labor organizations representing participants from plan sponsors of single and multiemployer DB pension plans. (Small plans, covering fewer than 100 participants, must provide the notice by the filing due date of the plan’s IRS Form 5500. This notice takes the place of the summary annual report for a DB plan.) Note: The deadline is usually April 30, which falls on a Saturday in 2011.
May 16 / Quarterly Benefit/Disclosure Statement for Participant-Directed DC Plans: Good Faith Compliance (due 45 days after the end of the quarter). Note: The deadline is usually May 15, which falls on a Sunday in 2011.
June
Jun 30 / ADP/ACP refunds for EACA plans due to HCEs to avoid 10% excise tax on employer.
Jul 15 / Second quarter contributions due for DB plans for 2011 plan year.
July
Jul 29 / Summary of Material Modifications due to participants (due no later than 210 days after the end of the plan year in which the plan change is adopted).
August
AUG 1 / Form 5330 to report excise taxes related to employee benefit plans due to IRS. Note: The deadline is usually July 31, which falls on Sunday in 2011.
AUG 1 / Form 5500 due to IRS for plans with December 31 plan year end (due seven months after year end). Note: The deadline is usually July 31, which falls on Sunday in 2011.
AUG 1 / Form 5558 Application for Extension of Time to File Certain Employee Plan Returns is due (used to apply for extension of time to file Forms 5500 and 5330). Note: The deadline is usually July 31, which falls on Sunday in 2011.
AUG 1 / Annual Benefit Statement for Non-Participant-Directed DC Plans: Good Faith Compliance for non-participant-directed DC plans and ERISA 403(b) plans. Note: The deadline is usually July 31, which falls on Sunday in 2011.
AUG 15 / Quarterly Benefit/Disclosure Statement for Participant-Directed DC Plans: Good Faith Compliance (due 45 days after the end of the quarter).
(Cont…)
September
SEP 15 / Required contribution for money purchase pension, target benefit, and DB plans (8 ½ months after plan year end) and 2010 employer profit-sharing and matching contribution for those sponsors that filed a corporate tax extension.
Sep 15 / Minimum funding deadline for pension plans.
Sep 15 / Form 5500 due to EBSA for plans eligible for automatic extension linked to a corporate tax extension.
Sep 30 / Summary Annual Report due to participants for plans with 12/31 year end (due to participants nine months after plan year end or two months after filing Form 5500).
SEP 30 / Notice to participants in underfunded DB plans for which the PBGC variable rate premium is due (no later than two months after deadline for Form 5500).
October
OCT 3 / Annual notices including 401(k) Safe Harbor, ACAs, QACA Safe Harbor, and QDIA due 30 to 90 days prior to plan year end. Note: The deadline is usually October 1, which is a Saturday in 2011.
OCT 17 / PBGC Form-1 Annual Premium Payment (due by the 15th day of the ninth full month following the month in which the plan year began). Schedule A—Single Employer Plan Variable Rate Portion of Premium and PBGC Form 1-EZ for flat-rate premiums also due. Note: The deadline is usually October 15, which is a Saturday in 2011.
OCT 17 / Filing deadline for Form 5500 (after filing Form 5558 requesting an extension). Note: The deadline is usually October 15, which is a Saturday in 2011.
Oct 17 / Third-quarter contribution due for DB plans for 2011 plan year. Note: The deadline is usually October 15, which is a Saturday in 2011.
Oct 17 / Deadline for retroactive amendment to correct an Internal Revenue Code Section 410(b) coverage or Section 401(a)(4) nondiscrimination failure. Note: The deadline is usually October 15, which is a Saturday in 2011.
Oct 17 / Form 5310-A to give notice of Qualified Separate Lines of Business due to IRS. Note: The deadline is usually October 15, which is a Saturday in 2011.
November
NOV 15 / Quarterly Benefit/Disclosure Statement for Participant-Directed DC Plans: Good Faith Compliance (due 45 days after the end of the quarter).
NOV 15 / Summary Annual Reports due to participants if Form 5500 deadline was extended due to corporate tax filing extension.
December
DEC 1 / Final deadline for 401(k) Safe Harbor Annual Notice.
DEC 1 / Qualified Default Investment Alternative (QDIA) annual required notice to all participants who have been defaulted into a QDIA (at least 30 days prior to the beginning of the plan year).
DEC 1 / Annual automatic enrollment notice (can be combined with QDIA notice).
DEC 15 / Extended deadline for providing Summary Annual Reports to participants if Form 5500 deadline was extended due to filing Form 5558.
Miscellaneous
Annual review of existing fidelity bonds for fiduciaries of retirement plans that hold employer securities, and persons who handle funding or other property of such plans, to ensure maximums are met. Information must be provided to IRS/DoL upon request.
DC plan statements must be provided at least annually for participants who do not have the right to direct their investments, and at least quarterly for participants who do have the right to direct their investments.
QDIA notice for plans that choose to use a QDIA must be provided to participants 30 days prior to initial investment.
Notice to participants of qualified automatic contribution arrangement or qualified eligible contribution arrangement, and the ability to opt out, must be provided to participants 30 days prior to eligibility and annually (for plans with immediate eligibility, notice can be given on or as soon as feasible after eligibility).
Notice of failure to meet minimum funding standards for DB or Money Purchase Pension plan (MPP) (within 60 days of missed payment or denial of payment waiver).
Notice of funding waiver application for DB or MPP plans (within 14 days before application).
Notice of suspension of benefits for DB plans (if plan suspends benefits for retirees who return to work or who keep working past retirement age, notice must be provided in the first calendar month or payroll period for which benefit payments are suspended).
Explanation of pre-retirement survivor annuity (due between first day of plan year in which participant reaches age 32 and last day of plan year in which participant reaches age 35; if participant is hired after age 35, due within one year of hire).
Explanation of joint and survivor annuity (between 90 and 30 days before annuity starting date).
DC plans that require investment in company stock must provide a notice of diversification rights at least 30 days prior to the date a participant is eligible to diversify investments. Notice must include explanation of the importance of diversification. Note: Under the Pension Protection Act of 2006, plans that did not provide for diversification of company stock investments previously must now give participants the option to diversify after three years of service.