In 2007, the Department of Labor (DOL) published a final rule requiring plans subject to the annual reporting requirements of Title I of Employee Retirement Income Security Act (ERISA) to electronically file the Form 5500, Annual Return/Report of Employee Benefit. In order to accommodate the DOL's mandate for electronic filing of the Form 5500 series, Schedule (SSA) has been eliminated and replaced with Form 8955-SSA. The information provided by plan sponsors on Form 8955-SSA will be transmitted to the Social Security Administration (SSA) who will provide it to separated participants when those participants file for social security benefits.
Section 6057(a) of the Internal Revenue Code (IRC) requires administrator of a plan that is subject to the vesting standards of section 203 of the Employee Retirement Income Security Act of 1974 (ERISA), to report information relating to each plan participant with a deferred vested benefit. In the past, Schedule SSA (Form 5500) was used to collect this information. However, due to Department of Labor's (DOL) electronic filing mandate, the Schedule which was required by the IRC 6057(a) was removed from the Form 5500 series and is being replaced by standalone Form 8955-SSA.
For plan years beginning on or after January 2009, the Form 8955-SSA must be used to comply with the reporting requirement of IRC Section 6057(a). The IRS will no longer accept Schedule SSA (Form 5500) that is filed for a 2009 or later plan year. The general due date for filing Form 8955-SSA is the last day of the seventh month following the last day of that plan year. It is urgent that the new Form 8955-SSA be available to plan administrators as we past the due date (July 31, 2010) for filing information required by section 6057(a) for calendar year plans for 2009 plan years.
US Code:
26 USC 6057
Name of Law: Annual registration, etc.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.