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.