Department of the Treasury
Internal Revenue Service
2013
Department of Labor
Employee Benefits
Security Administration
Pension Benefit
Guaranty Corporation
Deleted: 22200012
130419 RLSO Draft
Instructions for Form 5500
Annual Return/Report of Employee Benefit Plan
Code section references are to the Internal Revenue Code
unless otherwise noted. ERISA refers to the Employee
Retirement Income Security Act of 1974.
EFAST2 Processing System
Under the computerized ERISA Filing Acceptance System
(EFAST2), you must electronically file your 2013 Form 5500.
Your Form 5500 entries will be initially screened electronically.
For more information, see the instructions for Electronic Filing
Requirement and the EFAST2 website at www.efast.dol.gov.
You cannot file a paper Form 5500 by mail or other delivery
service.
About the Form 5500
The Form 5500, Annual Return/Report of Employee Benefit
Plan, including all required schedules and attachments (Form
5500 return/report), is used to report information concerning
employee benefit plans and Direct Filing Entities (DFEs). Any
administrator or sponsor of an employee benefit plan subject to
ERISA must file information about each benefit plan every year
(pursuant to Code section 6058 and ERISA sections 104 and
4065). Some plans participate in certain trusts, accounts, and
other investment arrangements that file a Form 5500 annual
return/report as DFEs. See Who Must File and When To File.
The Internal Revenue Service (IRS), Department of Labor
(DOL), and Pension Benefit Guaranty Corporation (PBGC)
have consolidated certain returns and report forms to reduce
the filing burden for plan administrators and employers.
Employers and administrators who comply with the instructions
for the Form 5500 generally will satisfy the annual reporting
requirements for the IRS and DOL.
Defined contribution and defined benefit pension plans may
have to file additional information with the IRS including Form
5330, Return of Excise Taxes Related to Employee Benefit
Plans, Form 5310-A, Notice of Plan Merger or Consolidation,
Spinoff, or Transfer of Plan Assets or Liabilities; Notice of
Qualified Separate Lines of Business, and Form 8955-SSA,
Annual Registration Statement Identifying Separated
Participants with Deferred Vested Benefits. See www.irs.gov
for more information.
Plans covered by the PBGC have special additional
requirements, including premiums and reporting certain
transactions directly with that agency. See PBGC‘s website
(www.pbgc.gov/practitioners/) for information on premium
payments and reporting and disclosure.
Each Form 5500 must accurately reflect the characteristics
and operations of the plan or arrangement being reported. The
requirements for completing the Form 5500 will vary according
to the type of plan or arrangement. The section What To File
summarizes what information must be reported for different
types of plans and arrangements. The Quick Reference Chart
of Form 5500, Schedules and Attachments, gives a brief guide
to the annual return/report requirements of the 2013 Form
5500. See also the ―Troubleshooters Guide to Filing the ERISA
Annual Reports‖ available on www.dol.gov/ebsa, which is
intended to help filers comply with the Form 5500 and Form
5500-SF annual reporting requirements and avoid common
reporting errors.
The Form 5500 must be filed electronically as noted above.
See Section 3 – Electronic Filing Requirement and the
EFAST2 website at www.efast2.del.gov. Your Form 5500
entries will be initially screened electronically. Your entries
must satisfy this screening for your filing to be received. Once
received, your form may be subject to further detailed review,
and your filing may be rejected based upon this further review.
ERISA and the Code provide for the assessment or
imposition of penalties for not submitting the required
information when due. See Penalties.
Annual reports filed under Title I of ERISA must be made
available by plan administrators to plan participants and
beneficiaries and by the DOL to the public pursuant to ERISA
sections 104 and 106. Pursuant to Section 504 of the Pension
Protection Act of 2006 (PPA) Pub. L. 109-280, this availability
for defined benefit pension plans must include the posting of
identification and basic plan information and actuarial
information (Form 5500, Schedule SB or MB, and all of the
Schedule SB or MB attachments) on any plan sponsor intranet
website (or website maintained by the plan administrator on
behalf of the plan sponsor) that is used for the purpose of
communicating with employees and not the public. Section 504
also requires DOL to display such information on DOL‘s
website within 90 days after the filing of the plan‘s annual
return/report. To see plan year 2009 and later Forms 5500,
including actuarial information, see www.dol.gov/ebsa. See
www.dol.gov/ebsa/actuarialsearch.html for 2008 and short plan
year 2009 actuarial information filed under the previous paperbased system.
Deleted: See How To File – Electronic Filing
Requirement
Deleted: instructions and the EFAST2 website
at www.efast.dol.gov.
Deleted: 2012
Changes to Note
Form 5500—Form M-1 Compliance Information. The Form
5500 instructions have been updated to add a new section
―Form M-1 Compliance Information‖ that sets forth information
that must be completed by all welfare plans in the form of an
attachment to the Form 5500.
The instructions have been further updated to provide that
plans required to file a Form M-1, Report for Multiple Employer
Welfare Arrangements (MEWAs) and Certain Entities Claiming
Exception (ECEs), are now required to file the Form 5500
regardless of the plan size or type of funding. The exemption
from filing for small unfunded, fully insured, or combination
unfunded/fully insured plans under 29 CFR 2520.104-20 no
longer applies to plans required to file the Form M-1.
Schedules H and I—PBGC Coverage Question. A new
element 5c has been added to Line 5 of Schedules H and I that
asks defined benefit pension plan filers whether the plan is
covered under the PBGC insurance program. Plan
Characteristic Code 1G, previously used on line 8a of the Form
5500 to identify plans covered by the PBGC insurance
program, has now been removed.
Schedule SB. The Schedule SB instructions have been
updated to reflect the provisions of the Moving Ahead for
st
Progress in the 21 Century Act (―MAP-21‖). See the General
Deleted: ception
Deleted: 2012
File the Form 5500-SF or 5500, and any needed schedules
or attachments.
Check on the status of a filing you submitted.
View filings posted by EFAST2.
Register for electronic credentials to sign or submit filings.
View forms and related instructions.
Get information regarding EFAST2, including approved
software vendors.
See answers to frequently asked questions about the Form
5500-SF, the Form 5500 and its schedules, and EFAST2.
Access the main EBSA and DOL websites for news,
regulations, and publications.
You can access the IRS website 24 hours a day, 7 days a
week at www.irs.gov to:
Instructions on page 64. In addition, the Schedule SB
instructions for line 11b have been clarified for plans where the
valuation date for the prior plan year was not the first day of the
plan year. See the General Instructions on page 67.Table of
Contents
Page
Section 1: Who Must File .................................................2
Pension Benefit Plan ........................................................2
Welfare Benefit Plan ........................................................3
Direct Filing Entity (DFE) ..................................................4
Section 2: When To File.....................................................4
Extension of Time To File ................................................4
Section 3: Electronic Filing Requirement .......................5
Amended Return/Report ..................................................6
Final Return/Report ..........................................................6
Signature and Date ...........................................................6
Change in Plan Year ........................................................6
Penalties ............................................................................7
Administrative Penalties .................................................7
Other Penalties ...............................................................7
Section 4: What To File .....................................................7
Form 5500 Schedules ......................................................7
Pension Schedules ......................................................7
General Schedules .......................................................8
Pension Benefit Plan Filing Requirements ......................8
Limited Pension Plan Reporting ...................................9
Welfare Benefit Plan Filing Requirements ......................9
Direct Filing Entity (DFE) Filing Requirements .............10
Master Trust Investment Account (MTIA) ..................10
Common/Collective Trust (CCT) and Pooled
Separate Account (PSA) ............................................10
103-12 Investment Entity (103-12 IE) ........................11
Group Insurance Arrangement (GIA) ........................11
Quick Reference Chart of Form 5500, Schedules, and
Attachments ................................................................12
Section 5: Line-by-Line Instructions for the 2013
Form 5500 and Schedules ...........................................14
Part I (Form 5500) – Annual Return/Report Identification
Information...................................................................14
Part II (Form 5500) – Basic Plan Information ................15
M-1 Compliance Information …………………………… 18
Schedule A – Insurance Information .............................21
Schedule C – Service Provider Information ..................24
Schedule D – DFE/Participating Plan Information ........29
Schedule G – Financial Transaction Schedules ...........31
Schedule H – Financial Information ...............................33
Schedule I – Financial Information – Small Plan ..........43
Schedule MB – Multiemployer Defined Benefit Plan and
Certain Money Purchase Plan Actuarial
Information ...................................................................51
Schedule R – Retirement Plan Information ...................58
Schedule SB – Single-Employer Defined Benefit Plan
Actuarial Information ...................................................63
Paperwork Reduction Act Notice ..................................77
Codes for Principal Business Activity ..........................78
ERISA Compliance Quick Checklist ..............................81
Index ...................................................................................82
A return/report must be filed every year for every pension
benefit plan, welfare benefit plan, and for every entity that files
as a DFE as specified below (pursuant to Code section 6058
and ERISA sections 104 and 4065).
If you are a small plan (generally under 100 participants at
the beginning of the plan year), you may be eligible to file the
Form 5500-SF instead of the Form 5500. For more information,
see the instructions to the Form 5500-SF.
Deleted: ¶
Signature and Date. The instructions for
―Signature and Date‖ have been updated to
make clearer that when the Plan Administrator
is an entity, the electronic signature must be the
name of a person authorized to sign on behalf
of the plan administrator.¶
Optional Paid Preparer Information. The
instructions have been updated to include
optional preparer‘s information. Filers may
optionally enter preparer‘s name and address.
See page 6 of the instructions for more
information. Although the preparer information
is optional at this time, the IRS encourages
filers to provide preparer information on these
lines. ¶
Optional Trust Information. The instructions
have been updated to include optional trust
information in Schedule H and Schedule I.
Filers may optionally enter trust‘s name and
trust EIN. See pages 42 and 50 of the
instructions for more information. Although trust
information is optional, the IRS encourages
filers to provide such information on these lines.¶
Schedule MB. Reporting is clarified for
changes in adjustable benefits. See the
instructions to lines 4d and 4e, Information on
Plan Status, on page 53. Reporting is also
clarified for amortization charges under the
funding standard account statement for this plan
year. See the instructions to line 9c, on page
56.¶
Schedule SB. Additional detail is requested for
the prior year's excess contributions to be
added to the prefunding balance. See the
instructions to line 11b, on page 67.¶
Pension Benefit Plan
Deleted: 7
All pension benefit plans covered by ERISA must file an annual
return/report except as provided in this section. The return/
report must be filed whether or not the plan is ―tax-qualified,‖
benefits no longer accrue, contributions were not made this
plan year, or contributions are no longer made. Pension benefit
plans required to file include both defined benefit plans and
defined contribution plans.
The following are among the pension benefit plans for
which a return/report must be filed.
1. Profit-sharing plans, stock bonus plans, money purchase
plans, 401(k) plans, etc.
2. Annuity arrangements under Code section 403(b)(1) and
custodial accounts established under Code section 403(b)(7)
for regulated investment company stock. For more information
regarding filing requirements for 403(b) plans subject to Title I
of ERISA, see Field Assistance Bulletins 2009-02 and 201001.
3. Individual retirement accounts (IRAs) established by an
employer under Code section 408(c).
4. Church pension plans electing coverage under Code
section 410(d).
5. Pension benefit plans that cover residents of Puerto
Rico, the U.S. Virgin Islands, Guam, Wake Island, or American
Samoa. This includes a plan that elects to have the provisions
of section 1022(i)(2) of ERISA apply.
6. Plans that satisfy the Actual Deferral Percentage
requirements of Code section 401(k)(3)(A)(ii) by adopting the
‗‗SIMPLE‘‘ provisions of section 401(k)(11).
See What To File for more information about what must be
completed for pension plans.
Deleted: 2012
View forms, instructions, and publications.
See answers to frequently asked tax questions.
Search publications on-line by topic or keyword.
Send comments or request help by e-mail.
Sign up to receive local and national tax news by e-mail.
You can order other IRS forms and publications by calling
1-800-TAX-FORM (1-800-829-3676). You can order EBSA
publications by calling 1-866-444-EBSA (3272).
Section 1: Who Must File
How To Get Assistance
If you need help completing this form or have related
questions, call the EFAST2 Help Line at 1-866-GO-EFAST
(1-866-463-3278) (toll-free) or access the EFAST2 or IRS
websites. The EFAST2 Help Line is available Monday through
Friday from 8:00 am to 8:00 pm, Eastern Time.
You can access the EFAST2 website 24 hours a day, 7
days a week at www.efast.dol.gov to:
-2-
General Instructions to Form 5500
Deleted: ¶
Do Not File a Form 5500 for a Pension Benefit
Plan That Is Any of the Following:
to file the Form 5500 regardless of the plan size or type of
funding.
1. An unfunded excess benefit plan. See ERISA section
4(b)(5).
2. An annuity or custodial account arrangement under Code
sections 403(b)(1) or (7) not established or maintained by an
employer as described in DOL Regulation 29 CFR 2510.3-2(f).
3. A Savings Incentive Match Plan for Employees of Small
Employers (SIMPLE) that involves SIMPLE IRAs under Code
section 408(p).
4. A simplified employee pension (SEP) or a salary
reduction SEP described in Code section 408(k) that conforms
to the alternative method of compliance in 29 CFR 2520.10448 or 2520.104-49. A SEP is a pension plan that meets certain
minimum qualifications regarding eligibility and employer
contributions.
5. A church pension benefit plan not electing coverage
under Code section 410(d).
6. A pension plan that is maintained outside the United
States primarily for the benefit of persons substantially all of
whom are nonresident aliens. However, certain foreign plans
are required to file the Form 5500-EZ with the IRS. See the
instructions to the Form 5500-EZ for the filing requirements.
For more information, go to www.irs.gov/ep or call 1-877-8295500.
7. An unfunded pension plan for a select group of
management or highly compensated employees that meets the
requirements of 29 CFR 2520.104-23, including timely filing of
a registration statement with the DOL.
8. An unfunded dues financed pension benefit plan that
meets the alternative method of compliance provided by 29
CFR 2520.104-27.
9. An individual retirement account or annuity not
considered a pension plan under 29 CFR 2510.3-2(d).
10. A governmental plan.
11. A ―one-participant plan,‖ as defined below. However,
certain one-participant plans are required to file the Form
5500-EZ, Annual Return of One-Participant (Owners and Their
Spouses) Retirement Plan with the IRS or, if eligible, may file
the Form 5500-SF, Short Form Annual Return/Report of
Employee Benefit Plan, electronically with EFAST2. For this
purpose, a ―one-participant plan‖ is:
a. a pension benefit plan that covers only an individual or
an individual and his or her spouse who wholly own a trade or
business, whether incorporated or unincorporated; or
b. a pension benefit plan for a partnership that covers only
the partners or the partners and the partners‘ spouses.
Do Not File a Form 5500 for a Welfare Benefit
Plan That Is Any of the Following:
1. A welfare benefit plan that covered fewer than 100
participants as of the beginning of the plan year and is
unfunded, fully insured, or a combination of insured and
unfunded, as specified in 29 CFR 2520.104-20.
Note. To determine whether the plan covers fewer than 100
participants for purposes of these filing exemptions for insured
and unfunded welfare plans, see instructions for lines 5 and 6
on counting participants in a welfare plan. See also 29 CFR
2510.3-3(d).
a. An unfunded welfare benefit plan has its benefits paid as
needed directly from the general assets of the employer or
employee organization that sponsors the plan.
Note. Plans that are NOT unfunded include those plans that
received employee (or former employee) contributions during
the plan year and/or used a trust or separately maintained fund
(including a Code section 501(c)(9) trust) to hold plan assets or
act as a conduit for the transfer of plan assets during the year.
A welfare benefit plan with employee contributions that is
associated with a cafeteria plan under Code section 125 may
be treated for annual reporting purposes as an unfunded
welfare plan if it meets the requirements of DOL Technical
Release 92-01, 57 Fed. Reg. 23272 (June 2, 1992) and 58
Fed. Reg. 45359 (Aug. 27, 1993). The mere receipt of COBRA
contributions or other after-tax participant contributions (e.g.,
retiree contributions) by a cafeteria plan would not by itself
affect the availability of the relief provided for cafeteria plans
that otherwise meet the requirements of DOL Technical
Release 92-01. See 61 Fed. Reg. 41220, 41222-23 (Aug. 7,
1996).
b. A fully insured welfare benefit plan has its benefits
provided exclusively through insurance contracts or policies,
the premiums of which must be paid directly to the insurance
carrier by the employer or employee organization from its
general assets or partly from its general assets and partly from
contributions by its employees or members (which the
employer or employee organization forwards within three (3)
months of receipt). The insurance contracts or policies
discussed above must be issued by an insurance company or
similar organization (such as Blue Cross, Blue Shield or a
health maintenance organization) that is qualified to do
business in any state.
c. A combination unfunded/insured welfare benefit plan has
its benefits provided partially as an unfunded plan and partially
as a fully insured plan. An example of such a plan is a welfare
benefit plan that provides medical benefits as in a above and
life insurance benefits as in b above. See 29 CFR 2520.10420.
2. A welfare benefit plan maintained outside the United
States primarily for persons substantially all of whom are
nonresident aliens.
3. A governmental plan.
4. An unfunded or insured welfare benefit plan maintained
for a select group of management or highly compensated
employees, which meets the requirements of 29 CFR
2520.104-24.
5. An employee benefit plan maintained only to comply with
workers‘ compensation, unemployment compensation, or
disability insurance laws.
6. A welfare benefit plan that participates in a group
insurance arrangement that files a Form 5500 on behalf of the
welfare benefit plan as specified in 29 CFR 2520.103-2. See
29 CFR 2520.104-43.
See the instructions to the Form 5500-EZ and the Form 5500SF for eligibility conditions and filing requirements. For more
information, go to www.irs.gov/ep or call 1-877-829-5500.
Welfare Benefit Plan
All welfare benefit plans covered by ERISA are required to file
a Form 5500 except as provided in this section. Welfare benefit
plans provide benefits such as medical, dental, life insurance,
apprenticeship and training, scholarship funds, severance pay,
disability, etc. See What To File for more information.
Reminder: The administrator of an employee welfare benefit
plan that provides benefits wholly or partially through a Multiple
Employer Welfare Arrangement (MEWA) as defined in ERISA
section 3(40) must file a Form 5500, unless otherwise exempt.
Plans required to file a Form M-1, Report for Multiple Employer
Welfare Arrangements (MEWAs) and Certain Entities Claiming
Exception (ECEs), are not eligible for the filing exemption in 29
CFR 2520.104-20 described below. Such plans are required
General Instructions to Form 5500
-3-
Deleted: .
Deleted: Notes. (1) If the filing due date falls
on a Saturday, Sunday, or Federal holiday, the
return/report may be filed on the next day that is
not a Saturday, Sunday, or Federal holiday. (2)
If the 2013 2014 Form 5500 is not available
before the plan or DFE filing is due, use the
2012 2013 Form 5500 and schedules and enter
the 2012 2013fiscal year beginning and ending
dates on the line provided at the top of each
form and schedule. ¶
7. An apprenticeship or training plan meeting all of the
conditions specified in 29 CFR 2520.104-22.
8. An unfunded dues financed welfare benefit plan
exempted by 29 CFR 2520.104-26.
9. A church plan under ERISA section 3(33).
10. A welfare benefit plan maintained solely for (1) an
individual or an individual and his or her spouse, who wholly
own a trade or business, whether incorporated or
unincorporated, or (2) partners or the partners and the
partners‘ spouses in a partnership. See 29 CFR 2510.3-3(b).
Extension of Time To File
Using Form 5558
A plan or GIA may obtain a one-time extension of time to file a
Form 5500 annual return/report (up to 2½ months) by filing IRS
Form 5558, Application for Extension of Time To File Certain
Employee Plan Returns, on or before the normal due date (not
including any extensions) of the return/report. You MUST file
Form 5558 with the IRS. Approved copies of the Form 5558
will not be returned to the filer. A copy of the completed
extension request must, however, be retained with the filer‘s
records.
File Form 5558 with the Department of the Treasury,
Internal Revenue Service Center, Ogden, UT 84201-0045.
Direct Filing Entity (DFE)
Some plans participate in certain trusts, accounts, and other
investment arrangements that file the Form 5500 annual
return/report as a DFE in accordance with the Direct Filing
Entity (DFE) Filing Requirements. A Form 5500 must be filed
for a master trust investment account (MTIA). A Form 5500 is
not required but may be filed for a common/collective trust
(CCT), pooled separate account (PSA), 103-12 investment
entity (103-12 IE), or group insurance arrangement (GIA).
Plans that participate in CCTs, PSAs, 103-12 IEs, or GIAs that
file as DFEs, however, generally are eligible for certain annual
reporting relief. For reporting purposes, a CCT, PSA, 103-12
IE, or GIA is not considered a DFE unless a Form 5500 and all
required attachments are filed for it in accordance with the
Direct Filing Entity (DFE) Filing Requirements.
Note. Special requirements also apply to Schedules D and H
attached to the Form 5500 filed by plans participating in
MTIAs, CCTs, PSAs, and 103-12 IEs. See these schedules
and their instructions.
Using Extension of Time To File Federal Income Tax
Return
An automatic extension of time to file the Form 5500 annual
return/report until the due date of the federal income tax return
of the employer will be granted if all of the following conditions
are met: (1) the plan year and the employer‘s tax year are the
same; (2) the employer has been granted an extension of time
to file its federal income tax return to a date later than the
normal due date for filing the Form 5500; and (3) a copy of the
application for extension of time to file the federal income tax
return is maintained with the filer‘s records. An extension
granted by using this automatic extension procedure CANNOT
be extended further by filing a Form 5558, nor can it be
extended beyond a total of 9½ months beyond the close of the
plan year.
Note. An extension of time to file the Form 5500 does not
operate as an extension of time to file a Form 5500 filed for a
DFE (other than a GIA), to file PBGC premiums or annual
financial and actuarial reports (if required by section 4010 of
ERISA) or to file the Form 8955-SSA (Annual Registration
Statement Identifying Separated Participants with Deferred
Vested Benefits) (required to be filed with the IRS under Code
section 6057(a)).
Section 2: When To File
Plans and GIAs. File 2013 returns/reports for plan and GIA
years that began in 2013. All required forms, schedules,
statements, and attachments must be filed 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) that began in 2013. If the
plan or GIA year differs from the 2013 calendar year, fill in the
fiscal year beginning and ending dates in the space provided.
DFEs other than GIAs. File 2013 returns/reports no later than
9½ months after the end of the DFE year that ended in 2013.
A Form 5500 filed for a DFE must report information for the
DFE year (not to exceed 12 months in length). If the DFE year
differs from the 2013 calendar year, fill in the fiscal year
beginning and ending dates in the space provided.
Short Years. For a plan year of less than 12 months (short
plan year), file the form and applicable schedules by the last
day of the 7th calendar month after the short plan year ends or
by the extended due date, if filing under an authorized
extension of time. Fill in the short plan year beginning and
ending dates in the space provided and check the appropriate
box in Part I, line B, of the Form 5500. For purposes of this
return/report, the short plan year ends on the date of the
change in accounting period or upon the complete distribution
of assets of the plan. Also see the instructions for Final Return/
Report to determine if ―the final return/report‖ box in line B
should be checked.
Notes. (1) If the filing due date falls on a Saturday, Sunday, or
Federal holiday, the return/report may be filed on the next day
that is not a Saturday, Sunday, or Federal holiday. (2) If the
2014 Form 5500 is not available before the plan or DFE filing is
due, use the 2013 Form 5500 and enter the 2014 fiscal year
beginning and ending dates on the line provided at the top of
the form. (3) All 2013 short plan year filers must use the 2013
forms, schedules, and instructions.
Other Extensions of Time
The IRS, DOL, and PBGC may announce special extensions
of time under certain circumstances, such as extensions for
Presidentially-declared disasters or for service in, or in support
of, the Armed Forces of the United States in a combat zone.
See www.irs.gov, www.efast.dol.gov, and
www.pbgc.gov/practitioners for announcements regarding such
special extensions. If you are relying on one of these
announced special extensions, check the appropriate box on
Form 5500, Part I, line D, and enter a description of the
announced authority for the extension.
Deleted: 2012
Deleted: 2012
Deleted: 2012
Deleted: 2012
Deleted: 2012
Deleted: 2012
Deleted: 2012
Delinquent Filer Voluntary Compliance (DFVC)
Program
The DFVC Program facilitates voluntary compliance by plan
administrators who are delinquent in filing annual reports under
Title I of ERISA by permitting administrators to pay reduced
civil penalties for voluntarily complying with their DOL annual
reporting obligations. If the Form 5500 is being filed under the
DFVC Program, check the appropriate box in Form 5500, Part
I, line D, to indicate that the Form 5500 is being filed under the
DFVC Program. See www.efast.dol.gov for additional
information.
Plan administrators are reminded that they can use the
online calculator available at
www.dol.gov/ebsa/calculator/dfvcpmain.html to compute the
penalties due under the program. Payments under the DFVC
Program also may be submitted electronically. For information
-4-
General Instructions to Form 5500
Deleted: 2013
Deleted: 2012
Deleted: 2013
Deleted: 2012
Deleted: 2012
on how to pay DFVC Program payments online, go to
www.dol.gov/ebsa.
submission was received and whether the return/report is
ready to be processed by EFAST2. If EFAST2 does not notify
you that your submission was successfully received and is
ready to be processed, you will need to take steps to correct
the problem or you may be deemed a non-filer subject to
penalties from DOL, IRS, and/or PBGC.
Once EFAST2 receives your return/report, the EFAST2
system should be able to provide a filing status within 20
minutes. The person submitting the filing should check back
into the EFAST2 system to determine the filing status of your
return/report. The filing status message will include a list of any
filing errors or warnings that EFAST2 may have identified in
your filing. If EFAST2 did not identify any filing errors or
warnings, EFAST2 will show the filing status of your return/
report as ―Filing_Received.‖ Persons other than the submitter
can check whether the filing was received by the system by
calling the EFAST2 Help Line at 1-866-GO-EFAST (1-866-4633278) and using the automated telephone system.
To reduce the possibility of correspondence and penalties
from the DOL, IRS, and/or PBGC, you should do the following:
(1) Before submitting your return/report to EFAST2, check it for
errors, and (2) after you have submitted it to EFAST2, verify
that you have received a filing status of ―Filing_Received‖ and
attempt to correct and resolve any errors or warnings listed in
the status report.
Note. Even after being received by the EFAST2 system, your
return/report filing may be subject to further detailed review by
DOL, IRS, and/or PBGC, and your filing may be deemed
deficient based upon this further review. See Penalties on
Page 6.
Do not enter social security numbers in response to questions
asking for an employer identification number (EIN). Because of
privacy concerns, the inclusion of a social security number or
any portion thereof on the Form 5500 or on a schedule or
attachment that is open to public inspection may result in the
rejection of the filing. If you discover a filing disclosed on the
EFAST2 website that contains a social security number,
immediately call the EFAST2 Help Line at 1-866-GO-EFAST
(1-866-463-3278).
Employers without an EIN must apply for one as soon as
possible. The EBSA does not issue EINs. To apply for an EIN
from the IRS:
Section 3: Electronic Filing Requirement
Under the computerized ERISA Filing Acceptance System
(EFAST2), you must file your 2013 Form 5500 annual return/
report electronically. You may file online using EFAST2‘s webbased filing system or you may file through an EFAST2approved vendor. Detailed information on electronic filing is
available at www.efast.dol.gov. For telephone assistance, call
the EFAST2 Help Line at 1-866-GO-EFAST (1-866-463-3278).
The EFAST2 Help Line is available Monday through Friday
from 8:00 am to 8:00 pm, Eastern Time.
Annual returns/reports filed under Title I of ERISA
must be made available by plan administrators to plan
participants and beneficiaries and by the DOL to the
public pursuant to ERISA sections 104 and 106. Even
though the Form 5500 must be filed electronically, the
administrator must keep a copy of the Form 5500, including
schedules and attachments, with all required signatures on file
as part of the plan‘s records and must make a paper copy
available upon request to participants, beneficiaries, and the
DOL as required by section 104 of ERISA and 29 CFR
2520.103-1. Filers may use electronic media for record
maintenance and retention, so long as they meet the
applicable requirements.
Generally, questions on the Form 5500 relate to the plan
year entered at the top of the first page of the form. Therefore,
answer all questions on the 2013 Form 5500 with respect to
the 2013 plan year unless otherwise explicitly stated in the
instructions or on the form itself.
Your entries must be in the proper format in order for the
EFAST2 system to process your filing. For example, if a
question requires you to enter a dollar amount, you cannot
enter a word. Your software will not let you submit your return/
report unless all entries are in the proper format. To reduce the
possibility of correspondence and penalties:
Complete all lines on the Form 5500 unless otherwise
specified. Also complete and electronically attach, as required,
applicable schedules and attachments.
Do not enter ―N/A‖ or ―Not Applicable‖ on the Form 5500
unless specifically permitted. ―Yes‖ or ―No‖ questions on the
forms and schedules cannot be left blank, unless specifically
permitted. Answer either ―Yes‖ or ―No,‖ but not both.
All schedules and attachments to the Form 5500 must be
properly identified, and must include the name of the plan or
DFE, EIN, and plan number (PN) as found on the Form 5500,
lines, 1a, 2b, and 1b, respectively. At the top of each
attachment, indicate the schedule and line, if any (e.g.,
Schedule H, line 4i) to which the attachment relates.
Check your return/report for errors before signing or
submitting it to EFAST2. Your filing software or, if you are
using it, the EFAST2 web-based filing system will allow you to
check your return/report for errors. If, after reasonable attempts
to correct your filing to eliminate any identified problem or
problems, you are unable to address them, or you believe that
you are receiving the message in error, call the EFAST2 Help
Line at 1-866-GO-EFAST (1-866-463-3278) or contact the
service provider you used to help prepare and file your annual
return/report.
Once you complete the return/report and finish the
electronic signature process, you can electronically submit it to
EFAST2. When you electronically submit your return/report,
EFAST2 is designed to immediately notify you if your
General Instructions to Form 5500
Mail or fax Form SS-4, Application for Employer Identification
Number, obtained by calling 1-800-TAX-FORM (1-800-8293676) or at the IRS website at www.irs.gov.
Call 1-800-829-4933 to receive your EIN by telephone.
Select the Online EIN Application link at www.irs.gov. The
EIN is issued immediately once the application information is
validated. (The online application process is not yet available
for corporations with addresses in foreign countries).
Do not attach a copy of the annual registration statement (IRS
Form 8955-SSA) identifying separated participants with
deferred vested benefits, or a previous year‘s Schedule SSA
(Form 5500) to your 2013 Form 5500 annual return/report. The
annual registration statement must be filed directly with the IRS
and cannot be attached to a Form 5500 submission with
EFAST2.
Amended Return/Report
File an amended return/report to correct errors and/or
omissions in a previously filed annual return/report for the 2013
plan year. The amended Form 5500 and any amended
schedules and/or attachments must conform to the
requirements in these instructions. See the DOL website at
-5-
Deleted: 2012
Deleted: 2012
Deleted: 2012
Deleted: Do not attach a copy of the annual
registration statement (IRS Form 8955-SSA)
identifying separated participants with deferred
vested benefits, or a previous years‘ Schedule
SSA (Form 5500) to your 2012 Form 5500
annual return/report. The annual registration
statement must be filed directly with the IRS
and cannot be attached to a Form 5500
submission with EFAST2. ¶
Deleted: ¶
Deleted: 2012
www.efast.dol.gov for information on filing amended returns/
reports for prior years.
Check the line B box for ―an amended return/report‖ if
you filed a previous 2013 annual return/report that
was given a ―Filing_Received,‖ ―Filing_Error,‖ or
―Filing_Stopped‖ status by EFAST2. Do not check the line B box
for ―an amended return/report‖ if your previous submission
attempts were not successfully received by EFAST2 because of
problems with the transmission of your return/report. For more
information, go to the EFAST2 website at www.efast.dol.gov or
call the EFAST2 Help Line at 1-866-GO-EFAST (1-866-4633278).
Final Return/Report
If all assets under the plan (including insurance/annuity
contracts) have been distributed to the participants and
beneficiaries or legally transferred to the control of another
plan, and when all liabilities for which benefits may be paid
under a welfare benefit plan have been satisfied, check the
final return/report box in Part I, line B at the top of the Form
5500. If a trustee is appointed for a terminated defined benefit
plan pursuant to ERISA section 4042, the last plan year for
which a return/report must be filed is the year in which the
trustee is appointed.
Form 5500 submitted to EFAST2; 3) the service provider must
communicate to the plan administrator any inquiries received
from EFAST2, DOL, IRS or PBGC regarding the filing; 4) the
service provider must communicate to the plan administrator
that, by electing to use this option, the image of the plan
administrator‘s manual signature will be included with the rest
of the return/report posted by the Labor Department on the
Internet for public disclosure; and 5) the plan administrator
must keep the manually signed copy of the Form 5500, with all
required schedules and attachments, as part of the plan‘s
records. For more information on the electronic signature
option, see the EFAST2 All-Electronic Filing System FAQs at
www.dol.gov/ebsa/faqs/faq-EFAST2.html.
Service providers should consider implications of IRS
tax return preparer rules.
Deleted: 2012
Note. The Code permits either the plan sponsor/employer or
the administrator to sign the filing. However, any Form 5500
that is not electronically signed by the plan administrator will be
subject to rejection and civil penalties under Title I of ERISA.
For DFE filings, a person authorized to sign on behalf of the
DFE must sign for the DFE.
The Form 5500 annual return/report must be filed
electronically and signed. To obtain an electronic signature, go
to www.efast.dol.gov and register in EFAST2 as a signer. You
will be provided with a UserID and PIN. Both the UserID and
PIN are needed to sign the Form 5500. The plan administrator
must keep a copy of the Form 5500, including schedules and
attachments with all required signatures on file as part of the
plan‘s records. See 29 CFR 2520.103-1.
Electronic signatures on annual returns/reports filed under
EFAST2 are governed by the applicable statutory and
regulatory requirements.
Preparer Information (optional)
You may optionally enter the ―Preparer‘s name (including firm‘s
name, if applicable), address, and telephone number‖ at the
bottom of the first page of Form 5500. A preparer is any person
who prepares an annual return/report for compensation, or
who employs one or more persons to prepare for
compensation. If the person who prepared the annual
return/report is not the employer named in line 2a or the plan
administrator named in line 3a, you may name the person on
this line. If there are several people who prepare Form 5500
and applicable schedules, please name the person who is
primarily responsible for the preparation of the annual
return/report.
Note. Although preparer‘s name, address, and phone number
are optional, the IRS encourages filers to provide preparer
information on these lines. Treasury regulations require all paid
tax return preparers to obtain the Paid Preparer Tax
Identification Numbers (PTINs) and put the PTIN on all tax
forms. However, the Form 5500 series, at this time, is not
subject to the PTIN requirements of section 1.6109-2 of the
Treasury regulations.
Examples:
Mergers/Consolidations
A final return/report should be filed for the plan year (12
months or less) that ends when all plan assets were legally
transferred to the control of another plan.
Pension and Welfare Plans That Terminated Without
Distributing All Assets
If the plan was terminated, but all plan assets were not
distributed, a return/report must be filed for each year the plan
has assets. The return/report must be filed by the plan
administrator, if designated, or by the person or persons who
actually control the plan‘s assets/property.
Welfare Plans Still Liable To Pay Benefits
A welfare plan cannot file a final return/report if the plan is still
liable to pay benefits for claims that were incurred prior to the
termination date, but not yet paid. See 29 CFR 2520.104b2(g)(2)(ii).
Signature and Date
For purposes of Title I of ERISA, the plan administrator is
required to file the Form 5500. If the plan administrator does
not sign a filing, the filing status will indicate that there is an
error with your filing, and your filing will be subject to further
review, correspondence, rejection, and civil penalties.
The plan administrator must electronically sign the Form 5500
or 5500-SF submitted to EFAST2.
Note. If the plan administrator is an entity, the electronic
signature must be in the name of a person authorized to sign
on behalf of the plan administrator.
Change in Plan Year
Generally, only defined benefit pension plans need to get
approval for a change in the plan year. See Code section
412(d)(1). However, under Rev. Proc. 87-27, 1987-1 C.B. 769,
these pension plans may be eligible for automatic approval of a
change in plan year.
If a change in plan year for a pension or welfare benefit plan
creates a short plan year, file the form and applicable
schedules by the last day of the 7th calendar month after the
short plan year ends or by the extended due date, if filing
under an authorized extension of time. Fill in the short plan
Authorized Service Provider Signatures. If the plan
administrator elects to have a service provider who manages
the filing process for the plan get EFAST2 signing credentials
and submit the electronic Form 5500 for the plan: 1) the
service provider must receive specific written authorization
from the plan administrator to submit the plan‘s electronic filing;
2) the plan administrator must manually sign a paper copy of
the electronically completed Form 5500, and the service
provider must include a PDF copy of the first two pages of the
manually signed Form 5500 as an attachment to the electronic
-6-
General Instructions to Form 5500
Deleted:
Deleted: (
Deleted: )
year beginning and ending dates in the space provided in Part
I and check the appropriate box in Part I, line B of the Form
5500. For purposes of this return/report, the short plan year
ends on the date of the change in accounting period or upon
the complete distribution of assets of the plan. Also, see the
instructions for the Final Return/Report to determine if ―final
return/report‖ in line B should be checked.
The schedules are grouped in the instructions by type:
(1) Pension Benefit Schedules and (2) General Schedules.
Each schedule is listed separately with a description of the
subject matter covered by the schedule and the plans and
DFEs that are required to file the schedule.
Filing requirements also are listed by type of filer:
(1) Pension Benefit Plan Filing Requirements; (2) Welfare
Benefit Plan Filing Requirements; and (3) DFE Filing
Requirements. For each filer type there is a separate list of the
schedules that must be filed with the Form 5500 (including
where applicable, separate lists for large plan filers, small plan
filers, and different types of DFEs).
The filing requirements also are summarized in a ―Quick
Reference Chart of Form 5500, Schedules, and Attachments.‖
Generally, a return/report filed for a pension benefit plan or
welfare benefit plan that covered fewer than 100 participants
as of the beginning of the plan year should be completed
following the requirements below for a ―small plan,‖ and a
return/report filed for a plan that covered 100 or more
participants as of the beginning of the plan year should be
completed following the requirements below for a ―large plan.‖
Use the number of participants required to be entered in line
5 of the Form 5500 to determine whether a plan is a ―small
plan‖ or ―large plan.‖
Penalties
Plan administrators and plan sponsors must provide complete
and accurate information and must otherwise comply fully with
the filing requirements. ERISA and the Code provide for the
DOL and the IRS, respectively, to assess or impose penalties
for not giving complete and accurate information and for not
filing complete and accurate statements and returns/reports.
Certain penalties are administrative (i.e., they may be imposed
or assessed by one of the governmental agencies delegated to
administer the collection of the annual return/report data).
Others require a legal conviction.
Administrative Penalties
Listed below are various penalties under ERISA and the Code
that may be assessed or imposed for not meeting the annual
return/report filing requirements. Generally, whether the
penalty is under ERISA or the Code, or both, depends upon
the agency for which the information is required to be filed.
One or more of the following administrative penalties may be
assessed or imposed in the event of incomplete filings or filings
received after the due date unless it is determined that your
failure to file properly is for reasonable cause:
1. A penalty of up to $1,100 a day (or higher amount if
adjusted pursuant to the Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended) for each day a plan
administrator fails or refuses to file a complete and accurate
report. See ERISA section 502(c)(2) and 29 CFR 2560.502c-2.
2. A penalty of $25 a day (up to $15,000) for not filing
returns for certain plans of deferred compensation, trusts and
annuities, and bond purchase plans by the due date(s). See
Code section 6652(e).
3. A penalty of $1,000 for each failure to filean actuarial
statement (Schedule MB (Form 5500) or Schedule SB (Form
5500)) required by the applicable instructions. See Code
section 6692.
Exceptions:
(1) 80-120 Participant Rule: If the number of participants
reported on line 5 is between 80 and 120, and a Form 5500
annual return/report was filed for the prior plan year, you may
elect to complete the return/report in the same category (‗‗large
plan‘‘ or ‗‗small plan‘‘) as was filed for the prior return/report.
Thus, if a Form 5500 SF or Form 5500 annual return/report
was filed for the 2012 plan year as a small plan, including the
Schedule I if applicable, and the number entered on line 5 of
the 2013 Form 5500 is 120 or less, you may elect to complete
the 2013 Form 5500 and schedules in accordance with the
instructions for a small plan, including for eligible filers, filing
the Form 5500-SF instead of the Form 5500.
(2) Short Plan Year Rule: If the plan had a short plan year
of seven (7) months or less for either the prior plan year or the
plan year being reported on the 2013 Form 5500, an election
can be made to defer filing the accountant‘s report in
accordance with 29 CFR 2520.104-50. If such an election was
made for the prior plan year, the 2013 Form 5500 must be
completed following the requirements for a large plan,
including the attachment of the Schedule H and the
accountant‘s reports, regardless of the number of participants
entered in Part II, line 5.
Other Penalties
1. Any individual who willfully violates any provision of Part
1 of Title I of ERISA shall on conviction be fined not more than
$100,000 or imprisoned not more than 10 years, or both. See
ERISA section 501.
2. A penalty up to $10,000, five (5) years imprisonment, or
both, may be imposed for making any false statement or
representation of fact, knowing it to be false, or for knowingly
concealing or not disclosing any fact required by ERISA. See
section 1027, Title 18, U.S. Code, as amended by section 111
of ERISA.
Deleted: 2012
Deleted: 2012
Deleted:
Deleted: for
Deleted: not filing
Deleted: 2012
Deleted: 2012
Form 5500 Schedules
Pension Schedules
Schedule R (Retirement Plan Information) – is required for a
pension benefit plan that is a defined benefit plan or is
otherwise subject to Code section 412 or ERISA section 302.
Schedule R may also be required for certain other pension
benefit plans unless otherwise specified under Limited Pension
Plan Reporting. For additional information, see the Schedule R
instructions.
Schedule MB (Multiemployer Defined Benefit Plan and
Certain Money Purchase Plan Actuarial Information) – is
required for most multiemployer defined benefit plans and for
defined contribution pension plans that currently amortize a
waiver of the minimum funding requirements specified in the
instructions for the Schedule MB. For additional information,
see the instructions for the Schedule MB and the Schedule R.
Schedule SB (Single-Employer Defined Benefit Plan
Section 4: What To File
The Form 5500 reporting requirements vary depending on
whether the Form 5500 is being filed for a ‗‗large plan,‘‘ a
‗‗small plan,‘‘ and/or a DFE, and on the particular type of plan
or DFE involved (e.g., welfare plan, pension plan,
common/collective trust (CCT), pooled separate account
(PSA), master trust investment account (MTIA), 103-12 IE, or
group insurance arrangement (GIA)).
The instructions below provide detailed information about
each of the Form 5500 schedules and which plans and DFEs
are required to file them.
General Instructions to Form 5500
Deleted: 2011
-7-
Deleted:
Deleted:
Actuarial Information) – is required for most single-employer
defined benefit plans, including multiple-employer defined
benefit pension plans. For additional information, see the
instructions for the Schedule SB.
income obligations in default or classified as uncollectible. Part
II of the Schedule G reports leases in default or classified as
uncollectible. Part III of the Schedule G reports nonexempt
transactions. For additional information, see the Schedule G
instructions.
General Schedules
An unfunded, fully insured, or combination unfunded/
insured welfare plan with 100 or more participants
exempt under 29 CFR 2520.104-44 from completing
Schedule H must still complete Schedule G, Part III, to report
nonexempt transactions.
Schedule H (Financial Information) – is required for pension
benefit plans and welfare benefit plans filing as ―large plans‖
and for all DFE filings. Employee benefit plans, 103-12 IEs,
and GIAs filing the Schedule H are generally required to
engage an independent qualified public accountant (IQPA) and
attach a report of the IQPA pursuant to ERISA section
103(a)(3)(A). These plans and DFEs are also generally
required to attach to the Form 5500 a ―Schedule of Assets
(Held At End of Year),‖ and, if applicable, a ―Schedule of
Assets (Acquired and Disposed of Within Year),‖ a
―Schedule of Reportable Transactions,‖ and a ―Schedule
of Delinquent Participant Contributions.‖ For additional
information, see the Schedule H instructions.
Exceptions: Insured, unfunded, or combination
unfunded/insured welfare plans, as described in 29 CFR
2520.104-44(b)(1) and certain pension plans and
arrangements, as described in 29 CFR 2520.104-44(b)(2) and
in Limited Pension Plan Reporting, are exempt from
completing the Schedule H.
Schedule I (Financial Information - Small Plan) – i s
required for all pension benefit plans and welfare benefit plans
filing the Form 5500 annual return/report, rather than the Form
5500-SF, as ‗‗small plans,‘‘ except for certain pension benefit
plans and arrangements described in 29 CFR 2520.10444(b)(2) and Limited Pension Plan Reporting. For additional
information, see the Schedule I instructions.
Note. A welfare plan that would have been eligible for the filing
exemption under 29 CFR 2520.104-20, but for the fact that it is
required to file a Form M-1, is exempt from completing a
Schedule I if it meets the requirements of 29 CFR 2520.10444(b)(1).
Schedule A (Insurance Information) – is required if any
benefits under an employee benefit plan are provided by an
insurance company, insurance service or other similar
organization (such as Blue Cross, Blue Shield, or a health
maintenance organization). This includes investment contracts
with insurance companies, such as guaranteed investment
contracts and pooled separate accounts. For additional
information, see the Schedule A instructions.
Note. Do not file Schedule A for Administrative Services Only
(ASO) contracts. Do not file Schedule A if a Schedule A is filed
for the contract as part of the Form 5500 filed directly by a
master trust investment account (MTIA) or 103-12 IE.
Schedule C (Service Provider Information) – is required for
a large plan, MTIA, 103-12 IE, or GIA if (1) any service
provider who rendered services to the plan or DFE during the
plan or DFE year received $5,000 or more in compensation,
directly or indirectly from the plan or DFE, or (2) an accountant
and/or enrolled actuary has been terminated. For additional
information, see the Schedule C instructions.
Schedule D (DFE/Participating Plan Information) – Part I is
required for a plan or DFE that invested or participated in any
MTIAs, 103-12 IEs, CCTs, and/or PSAs. Part II is required
when the Form 5500 is filed for a DFE. For additional
information, see the Schedule D instructions.
Schedule G (Financial Transaction Schedules) – is
required for a large plan, MTIA, 103-12 IE, or GIA when
Schedule H (Financial Information) lines 4b, 4c, and/or 4d are
checked ‗‗Yes.‘‘ Part I of the Schedule G reports loans or fixed
Deleted:
Deleted:
Pension Benefit Plan Filing
Requirements
Pension benefit plan filers must complete the Form 5500
annual return/report, including the signature block and, unless
otherwise specified, attach the following schedules and
information:
Small Pension Plan
The following schedules (including any additional information
required by the instructions to the schedules) must be attached
to a Form 5500 filed for a small pension plan that is neither
exempt from filing nor is filing the Form 5500-SF:
1. Schedule A (as many as needed), to report insurance,
annuity, and investment contracts held by the plan.
2. Schedule D, Part I, to list any CCTs, PSAs, MTIAs, and
103-12 IEs in which the plan participated at any time during the
plan year.
3. Schedule I, to report small plan financial information,
unless exempt.
4. Schedule MB or SB, to report actuarial information, if
applicable.
5. Schedule R, to report retirement plan information, if
applicable.
If Schedule I, line 4k, is checked ―No,‖ you must
attach the report of the independent qualified public
accountant (IQPA) or a statement that the plan is
eligible and elects to defer attaching the IQPA‘s opinion
pursuant to 29 CFR 2520.104-50 in connection with a short
plan year of seven months or less.
Large Pension Plan
The following schedules (including any additional information
required by the instructions to the schedules) must be attached
to a Form 5500 filed for a large pension plan:
1. Schedule A (as many as needed), to report insurance,
annuity, and investment contracts held by the plan.
2. Schedule C, if applicable, to report information on service
providers and, if applicable, any terminated accountants or
enrolled actuaries.
3. Schedule D, Part I, to list any CCTs, PSAs, MTIAs, and
103-12 IEs in which the plan invested at any time during the
plan year.
4. Schedule G, to report loans or fixed income obligations in
default or determined to be uncollectible as of the end of the
plan year, leases in default or classified as uncollectible, and
nonexempt transactions, i.e., file Schedule G if Schedule H
(Form 5500) lines 4b, 4c, and/or 4d are checked ‗‗Yes.‘‘
5. Schedule H, to report large plan financial information,
unless exempt.
6. Schedule MB or SB, to report actuarial information, if
applicable.
7. Schedule R, to report retirement plan information, if
applicable.
You must attach the report of the independent
qualified public accountant (IQPA) identified on
-8-
General Instructions to Form 5500
Deleted: ,
Deleted: ,
Deleted:
Schedule H, line 3c, unless line 3d(2) is checked.
annual return/report, including the signature block and, unless
otherwise specified, attach the following schedules and
information:Small Welfare Plan
Eligible Combined Plans
Section 903 of PPA established rules for a new type of pension
plan, an ―eligible combined plan,‖ effective for plan years
beginning after December 31, 2009. See Code section 414(x)
and ERISA section 210(e). An eligible combined plan consists
of a defined benefit plan and a defined contribution plan that
includes a qualified cash or deferred arrangement under Code
section 401(k), with the assets of the two plans held in a single
trust, but clearly identified and allocated between the plans.
The eligible combined plan design is available only to
employers that employed an average of at least two, but no
more than 500 employees, on each business day during the
calendar year preceding the plan year as of which the eligible
combined plan is established and that employs at least two
employees on the first day of the plan year. Because an
eligible combined plan includes both a defined benefit plan and
a defined contribution plan, the Form 5500 filed for the plan
must include all the information, schedules, and attachments
that would be required for either a defined benefit plan (such
as a Schedule SB) or a defined contribution plan.
The following schedules (including any additional information
required by the instructions to the schedules) must be attached
to a Form 5500 filed for a small welfare plan that is neither
exempt from filing nor filing the Form 5500-SF:
1. Schedule A (as many as needed), to report insurance
contracts held by the plan.
2. Schedule D, Part I, to list any CCTs, PSAs, MTIAs, and
103-12 IEs in which the plan participated at any time during the
plan year.
3. Schedule I, to report small plan financial information.
A welfare plan that covered fewer than 100
participants as of the beginning of the plan year and
is required to file a Form M-1, Report for Multiple
Employer Welfare Arrangements (MEWAs) and Certain
Entities Claiming Exception (ECEs), is exempt from attaching
Schedule I if the plan meets the requirements of 29 CFR
2520.104-44. However, Schedule G, Part III, must be attached
to the Form 5500 to report any nonexempt transactions.
Limited Pension Plan Reporting
Large Welfare Plan
The pension benefit plans or arrangements described below
are eligible for limited annual reporting:
1. IRA Plans: A pension plan using individual retirement
accounts or annuities (as described in Code section 408) as
the sole funding vehicle for providing pension benefits need
complete only Form 5500, Part I and Part II, lines 1 through 4,
and 8 (enter pension feature code 2N).
2. Fully Insured Pension Plan: A pension benefit plan
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 must complete all the requirements listed under this
Pension Benefit Plan Filing Requirements section, except that
such a plan is exempt from attaching Schedule H, Schedule I,
and an independent qualified public accountant‘s opinion, and
from the requirement to engage an IQPA.
A pension benefit plan that has insurance contracts of the
type described in 29 CFR 2520.104-44 as well as other assets
must complete all requirements for a pension benefit plan,
except that the value of the plan‘s allocated contracts (see
below) should not be reported in Part I of Schedule H or I. All
other assets should be reported on Schedule H or Schedule I,
and any other required schedules. If Schedule H is filed, attach
an accountant‘s report in accordance with the Schedule H
instructions.
Note. For purposes of the annual return/report and the
alternative method of compliance set forth in 29 CFR
2520.104-44, a contract is considered to be ‗‗allocated‘‘ only if
the insurance company or organization that issued the contract
unconditionally guarantees, upon receipt of the required
premium or consideration, to provide a retirement benefit of a
specified amount. This amount must be provided to each
participant without adjustment for fluctuations in the market
value of the underlying assets of the company or organization,
and each participant must have a legal right to such benefits,
which is legally enforceable directly against the insurance
company or organization. For example, deposit administration,
immediate participation guarantee, and guaranteed investment
contracts are NOT allocated contracts for Form 5500 annual
return/report purposes.
The following schedules (including any additional information
required by the instructions to the schedules) must be attached
to a Form 5500 filed for a large welfare plan:
1. Schedule A (as many as needed), to report insurance
and investment contracts held by the plan.
2. Schedule C, if applicable, to report information on service
providers and any terminated accountants or actuaries.
3. Schedule D, Part I, to list any CCTs, PSAs, MTIAs, and
103-12 IEs in which the plan invested at any time during the
plan year.
4. Schedule G, to report loans or fixed income obligations in
default or determined to be uncollectible as of the end of the
plan year, leases in default or classified as uncollectible, and
nonexempt transactions, i.e., file Schedule G if
Schedule H (Form 5500) lines 4b, 4c, and/or 4d are
checked ‗‗Yes‘‘ or if a large welfare plan that is not
required to file a Schedule H has nonexempt
transactions.
5. Schedule H, to report financial information,
unless exempt.
Attach the report of the independent qualified public
accountant (IQPA) identified on Schedule H, line 3c, unless
line 3d(2) is checked.
Neither Schedule H nor an IQPA‘s opinion should be attached
to a Form 5500 filed for an unfunded, fully insured or
combination unfunded/insured welfare plan that covered 100 or
more participants as of the beginning of the plan year that
meets the requirements of 29 CFR 2520.104-44. However,
Schedule G, Part III, must be attached to the Form 5500 to
report any nonexempt transactions. A welfare benefit plan that
uses a ‗‗voluntary employees‘ beneficiary association‘‘ (VEBA)
under Code section 501(c)(9) is generally not exempt from the
requirement of engaging an IQPA.
Direct Filing Entity (DFE) Filing
Requirements
Some plans participate in certain trusts, accounts, and other
investment arrangements that file the Form 5500 annual
return/report as a DFE. A Form 5500 must be filed for a master
trust investment account (MTIA). A Form 5500 is not required
but may be filed for a common/collective trust (CCT), pooled
separate account (PSA), 103-12 investment entity (103-12 IE),
Welfare Benefit Plan Filing Requirements
Welfare benefit plan filers must complete the Form 5500
General Instructions to Form 5500
-9-
Deleted: ¶
Deleted: The Pension Protection Act of 2006
(PPA)
or group insurance arrangement (GIA). However, plans that
participate in CCTs, PSAs, 103-12 IEs, or GIAs that file as
DFEs generally are eligible for certain annual reporting relief.
For reporting purposes, a CCT, PSA, 103-12 IE, or GIA is
considered a DFE only when a Form 5500 and all required
schedules and attachments are filed for it in accordance with
the following instructions.
Only one Form 5500 should be filed for each DFE for all
plans participating in the DFE; however, the Form 5500 filed
for the DFE, including all required schedules and attachments,
must report information for the DFE year (not to exceed 12
months in length) that ends with or within the participating
plan‘s year.
Any Form 5500 filed for a DFE is an integral part of the
annual report of each participating plan, and the plan
administrator may be subject to penalties for failing to file a
complete annual report unless both the DFE Form 5500 and
the plan‘s Form 5500 are properly filed. The information
required for a Form 5500 filed for a DFE varies according to
the type of DFE. The following paragraphs provide specific
guidance for the reporting requirements for each type of DFE.
an established market, those assets may be treated as a single
MTIA.
The Form 5500 submitted for the MTIA must comply with
the Form 5500 instructions for a Large Pension Plan, unless
otherwise specified in the forms and instructions. The MTIA
must file:
1. Form 5500, except lines C, D, 1c, 2d, and 5 through 9.
Be certain to enter ‗‗M‘‘ in Part I, line A, as the DFE code.
2. Schedule A (as many as needed) to report insurance,
annuity and investment contracts held by the MTIA.
3. Schedule C, if applicable, to report service provider
information. Part III is not required for an MTIA.
4. Schedule D, to list CCTs, PSAs, and 103-12 IEs in which
the MTIA invested at any time during the MTIA year and to list
all plans that participated in the MTIA during its year.
5. Schedule G, to report loans or fixed income obligations in
default or determined to be uncollectible as of the end of the
MTIA year, all leases in default or classified as uncollectible,
and nonexempt transactions.
6. Schedule H, except lines 1b(1), 1b(2), 1c(8), 1g, 1h, 1i,
2a, 2b(1)(E), 2e, 2f, 2g, 4a, 4e, 4f, 4g, 4h, 4k, 4l, 4m, 4n, and
5, to report financial information. An independent qualified
public accountant‘s (IQPA‘s) opinion is not required for an
MTIA.
7. Additional information required by the instructions to the
above schedules, including, for example, the schedules of
assets held for investment and the schedule of reportable
transactions. For purposes of the schedule of reportable
transactions, the 5% figure shall be determined by comparing
the current value of the transaction at the transaction date with
the current value of the investment account assets at the
beginning of the applicable fiscal year of the MTIA. All
attachments must be properly labeled.
Master Trust Investment Account (MTIA)
The administrator filing a Form 5500 for an employee benefit
plan is required to file or have a designee file a Form 5500 for
each MTIA in which the plan participated at any time during the
plan year. For reporting purposes, a ‗‗master trust‘‘ is a trust for
which a regulated financial institution (as defined below) serves
as trustee or custodian (regardless of whether such institution
exercises discretionary authority or control with respect to the
management of assets held in the trust), and in which assets of
more than one plan sponsored by a single employer or by a
group of employers under common control are held.
‗‗Common control‘‘ is determined on the basis of all relevant
facts and circumstances (whether or not such employers are
incorporated).
A ‗‗regulated financial institution‘‘ means a bank, trust
company, or similar financial institution that is regulated,
supervised, and subject to periodic examination by a state or
federal agency. A securities brokerage firm is not a ‗‗similar
financial institution‘‘ as used here. See DOL Advisory Opinion
93-21A (available at www.dol.gov/ebsa).
Common/Collective Trust (CCT) and Pooled
Separate Account (PSA)
A Form 5500 is not required to be filed for a CCT or PSA.
However, the administrator of a large plan or DFE that
participates in a CCT or PSA that files as specified below is
entitled to reporting relief that is not available to plans or DFEs
participating in a CCT or PSA for which a Form 5500 is not
filed.
For reporting purposes, ‗‗common/collective trust‘‘ and
‗‗pooled separate account‘‘ are, respectively: (1) a trust
maintained by a bank, trust company, or similar institution or
(2) an account maintained by an insurance carrier, which is
regulated, supervised, and subject to periodic examination by a
state or federal agency in the case of a CCT, or by a state
agency in the case of a PSA, for the collective investment and
reinvestment of assets contributed thereto from employee
benefit plans maintained by more than one employer or
controlled group of corporations as that term is used in Code
section 1563. See 29 CFR 2520.103-3, 103-4, 103-5, and 1039.
Note. For reporting purposes, a separate account that is not
considered to be holding plan assets pursuant to 29 CFR
2510.3-101(h)(1)(iii) does not constitute a pooled separate
account.
The Form 5500 submitted for a CCT or PSA must comply
with the Form 5500 instructions for a Large Pension Plan,
unless otherwise specified in the forms and instructions.
The CCT or PSA must file:
1. Form 5500, except lines C, D, 1c, 2d, and 5 through 9.
Enter ‗‗C‘‘ or ‗‗P,‘‘ as appropriate, in Part I, line A, as the DFE
code.
The assets of a master trust are considered for reporting
purposes to be held in one or more ‗‗investment accounts.‘‘ A
‗‗master trust investment account‘‘ may consist of a pool of
assets or a single asset. Each pool of assets held in a master
trust must be treated as a separate MTIA if each plan that has
an interest in the pool has the same fractional interest in each
asset in the pool as its fractional interest in the pool, and if
each such plan may not dispose of its interest in any asset in
the pool without disposing of its interest in the pool. A master
trust may also contain assets that are not held in such a pool.
Each such asset must be treated as a separate MTIA.
Notes. (1) If an MTIA consists solely of one plan‘s asset(s)
during the reporting period, the plan may report the asset(s)
either as an investment account on an MTIA Form 5500, or as
a plan asset(s) that is not part of the master trust (and
therefore subject to all instructions concerning assets not held
in a master trust) on the plan‘s Form 5500. (2) If a master trust
holds assets attributable to participant or beneficiary directed
transactions under an individual account plan and the assets
are interests in registered investment companies, interests in
contracts issued by an insurance company licensed to do
business in any state, interests in common/collective trusts
maintained by a bank, trust company or similar institution, or
the assets have a current value that is readily determinable on
-10-
General Instructions to Form 5500
2. Schedule D, to list all CCTs, PSAs, MTIAs, and 103-12
IEs in which the CCT or PSA invested at any time during the
CCT or PSA year and to list in Part II all plans that participated
in the CCT or PSA during its year.
3. Schedule H, except lines 1b(1), 1b(2), 1c(8), 1d, 1e, 1g,
1h, 1i, 2a, 2b(1)(E), 2e, 2f, and 2g, to report financial
information. Part IV and an accountant‘s (IQPA‘s) opinion are
not required for a CCT or PSA.
Different requirements apply to the Schedules D and H
attached to the Form 5500 filed by plans and DFEs
participating in CCTs and PSAs, depending upon
whether a DFE Form 5500 has been filed for the CCT or PSA.
See the instructions for these schedules.
which the 103-12 IE invested at any time during the 103-12
IE‘s year, and to list all plans that participated in the 103-12 IE
during its year.
5. Schedule G, to report loans or fixed income obligations in
default or determined to be uncollectible as of the end of the
103-12 IE year, leases in default or classified as uncollectible,
and nonexempt transactions.
6. Schedule H, except lines 1b(1), 1b(2), 1c(8), 1d, 1e, 1g,
1h, 1i, 2a, 2b(1)(E), 2e, 2f, 2g, 4a, 4e, 4f, 4g, 4h, 4j, 4k, 4l, 4m,
4n, and 5, to report financial information.
7. Additional information required by the instructions to the
above schedules, including, for example, the report of the
independent qualified public accountant (IQPA) identified on
Schedule H, line 3c, and the schedule(s) of assets held for
investment. All attachments must be properly labeled.
103-12 Investment Entity (103-12 IE)
DOL Regulation 2520.103-12 provides an alternative method
of reporting for plans that invest in an entity (other than an
MTIA, CCT, or PSA), whose underlying assets include ‗‗plan
assets‘‘ within the meaning of 29 CFR 2510.3-101 of two or
more plans that are not members of a ‗‗related group‘‘ of
employee benefit plans. Such an entity for which a Form 5500
is filed constitutes a ‗‗103-12 IE.‘‘ A Form 5500 is not required
to be filed for such entities; however, filing a Form 5500 as a
103-12 IE provides certain reporting relief, including the
limitation of the examination and report of the independent
qualified public accountant (IQPA) provided by 29 CFR
2520.103-12(d), to participating plans and DFEs. For this
reporting purpose, a ‗‗related group‘‘ of employee benefit plans
consists of each group of two or more employee benefit plans
(1) each of which receives 10% or more of its aggregate
contributions from the same employer or from a member of the
same controlled group of corporations (as determined under
Code section 1563(a), without regard to Code section
1563(a)(4) thereof); or (2) each of which is either maintained
by, or maintained pursuant to a collective-bargaining
agreement negotiated by, the same employee organization or
affiliated employee organizations. For purposes of this
paragraph, an ‗‗affiliate‘‘ of an employee organization means
any person controlling, controlled by, or under common control
with such organization. See 29 CFR 2520.103-12.
The Form 5500 submitted for a 103-12 IE must comply with
the Form 5500 instructions for a Large Pension Plan, unless
otherwise specified in the forms and instructions. The 103-12
IE must file:
1. Form 5500, except lines C, D, 1c, 2d, and 5 through 9.
Enter ‗‗E‘‘ in part I, line A, as the DFE code.
2. Schedule A (as many as needed), to report insurance,
annuity and investment contracts held by the 103-12 IE.
3. Schedule C, if applicable, to report service provider
information and any terminated accountants.
4. Schedule D, to list all CCTs, PSAs, and 103-12 IEs in
General Instructions to Form 5500
Group Insurance Arrangement (GIA)
Each welfare benefit plan that is part of a group insurance
arrangement is exempt from the requirement to file a Form
5500 if a consolidated Form 5500 report for all the plans in the
arrangement was filed in accordance with 29 CFR 2520.10443. For reporting purposes, a ‗‗group insurance arrangement‘‘
provides benefits to the employees of two or more unaffiliated
employers (not in connection with a multiemployer plan or a
collectively-bargained multiple-employer plan), fully insures
one or more welfare plans of each participating employer, uses
a trust or other entity as the holder of the insurance contracts,
and uses a trust as the conduit for payment of premiums to the
insurance company. The GIA must file:
1 . Form 5500, except lines C and 2d. (Enter ‗‗G‘‘ in Part I,
line A, as the DFE code).
2. Schedule A (as many as needed), to report insurance,
annuity and investment contracts held by the GIA.
3. Schedule C, if applicable, to report service provider
information and any terminated accountants.
4. Schedule D, to list all CCTs, PSAs, and 103-12 IEs in
which the GIA invested at any time during the GIA year, and to
list all plans that participated in the GIA during its year.
5. Schedule G, to report loans or fixed income obligations in
default or determined to be uncollectible as of the end of the
GIA year, leases in default or classified as uncollectible, and
nonexempt transactions.
6. Schedule H, except lines 4a, 4e, 4f, 4g, 4h, 4k, 4m, 4n,
and 5, to report financial information.
7. Additional information required by the instructions to the
above schedules, including, for example, the report of the
independent qualified public accountant (IQPA) identified on
Schedule H, line 3c, the schedules of assets held for
investment and the schedule of reportable transactions. (All
attachments must be properly labeled.)
-11-
Deleted: ed
Quick Reference Chart of Form 5500, Schedules, and Attachments (Not
Applicable for Form 5500-SF Filers)1
Large
Pension Plan
Small
Pension Plan2
Large Welfare
Plan
Small Welfare
Plan2
DFE
Form 5500
Must complete.
Must complete.
Must complete.3
Must complete.3
Must complete.
Schedule A
(Insurance
Information)
Must complete if
plan has insurance
contracts.
Must complete if plan
has insurance
contracts.4
Must complete if
plan has insurance
contracts.
Must complete if plan
has insurance
contracts.4
Must complete if
MTIA, 103-12 IE, or
GIA has insurance
contracts.
Schedule C
(Service Provider
Information)
Must complete Part I
if service provider
was paid $5,000 or
more, Part II if a
service provider
failed to provide
information
necessary for the
completion of Part I,
and Part III if an
accountant or
actuary was
terminated.
Not required.
Must complete Part I
if service provider
was paid $5,000 or
more, Part II if a
service provider
failed to provide
information
necessary for the
completion of Part I,
and Part III if an
accountant or
actuary was
terminated.
Not required.
MTIAs, GIAs, and
103-12 IEs must
complete Part I if
service provider paid
$5,000 or more, and
Part II if a service
provider failed to
provide information
necessary for the
completion of Part I.
GIAs and 103-12 IEs
must complete Part
III if accountant was
terminated.
Schedule D
(DFE/Participating
Plan Information)
Must complete Part I
if plan participated in
a CCT, PSA, MTIA,
or 103-12 IE.
Must complete Part I
if plan participated in
a CCT, PSA, MTIA, or
103-12 IE.4
Must complete Part I
if plan participated in
a CCT, PSA, MTIA,
or 103-12 IE.
Must complete Part I
if plan participated in
a CCT, PSA, MTIA,
or 103-12 IE.4
All DFEs must
complete Part II, and
DFEs that invest in a
CCT, PSA, or 10312 IE must also
complete Part I.
Not required.
Must complete if
Schedule H, lines
4b, 4c, or 4d are
―Yes.‖3
Schedule G
(Financial
Schedules)
Must complete if
Schedule H, lines
4b, 4c, or 4d are
―Yes.‖
Not required .
Must complete if
Schedule H, lines
4b, 4c, or 4d for a
GIA, MTIA, or 10312 IE are ―Yes.‖
3
Schedule H
(Financial
Information)
Must complete.5
Not required.
Must complete.3, 5
Not required.
All DFEs must
complete Parts I, II,
and III. MTIAs, 10312 IEs, and GIAs
must also complete
Part IV.5
Schedule I
(Financial
Information)
Not required.
Must complete.4
Not required.
Must complete.4
Not required.
Schedule MB
(Actuarial
Information)
Must complete if
multiemployer
defined benefit plan
or money purchase
plan subject to
minimum funding
standards.6
Must complete if
multiemployer defined
benefit plan or money
purchase plan subject
to minimum funding
standards.6
Not required.
Not required.
Not required.
Schedule R
(Pension Plan
Information)
Must complete.7
Must complete.4, 7
Not required.
Not required.
Not required.
Schedule SB
(Actuarial
Information)
Must complete if
single-employer or
multiple-employer
defined benefit plan,
including an eligible
combined plan and
subject to minimum
funding standards.
Must complete if
single-employer or
multiple-employer
defined benefit plan,
including an eligible
combined plan and
subject to minimum
funding standards.
Not required.
Not required.
Not required.
-12-
General Instructions to Form 5500
Large
Pension Plan
Accountant‘s
Report
Must attach.
Small
Pension Plan2
Large Welfare
Plan
Not required unless
Schedule I, line 4k, is
checked ―No.‖
Must attach.3
Small Welfare
Plan2
Not required.
DFE
Must attach for a
GIA or 103-12 IE.
1
This chart provides only general guidance. Not all rules and requirements are reflected. Refer to specific Form 5500 instructions for complete
information on filing requirements (e.g., Who Must File and What To File). For example, a pension plan is exempt from filing any schedules if the plan
uses Code section 408 individual retirement accounts as the sole funding vehicle for providing benefits. See Limited Pension Plan Reporting.
2
Pension plans and welfare plans with fewer than 100 participants at the beginning of the plan year that are not exempt from filing an annual
return/report may be eligible to file the Form 5500-SF, a simplified report. In addition to the limitation on the number of participants, a Form 5500-SF
may only be filed for a plan that is exempt from the requirement that the plan‘s books and records be audited by an independent qualified public
accountant (but not by reason of enhanced bonding), has 100 percent of its assets invested in certain secure investments with a readily determinable
fair market value, holds no employer securities, and is not a multiemployer plan. See Who Must File.
3
Unfunded,
fully
insured, orofcombination
unfunded/fully
insuredfrom
welfare
covering
fewer
than
100Must
participants
at the
beginning
the
plan year
that
meet themust
requirements
CFR 2520.104-20
are
exempt
filingplans
an annual
report.
See
Who
File.
Such
a plan
with
100ofor
more
participants
file anSchedule
annual29report,
butIII,is to
exempt
under
29 CFR 2520.104-44
from
accountant‘s
requirement
completing
Schedule
H, but MUST
complete
G, Part
reportand
anyCertain
nonexempt
transactions.
Seethe
What
To File.must
Allreport
Plans
to and
file
Form
M-1,
Report
foror
Multiple
Employer
Welfarecompleting
Arrangements
(MEWAs)
Entities
Claiming Exception
(ECEs),
file a required
Form 5500
regardless
of plan
size
type
of
funding,
including
Schedule
G,
Part
III,
to
report
any
nonexempt
transactions.
4
Do not complete if filing the Form 5500-SF instead of the Form 5500.
5
Schedules of assets and reportable (5%) transactions also must be filed with the Form 5500 if Schedule H, line 4i or 4j is ―Yes.‖
6
Money purchase defined contribution plans that are amortizing a funding waiver are required to complete lines 3, 9, and 10 of the Schedule MB in
accordance with the instructions. Also see instructions for line 5 of Schedule R and line 12a of Form 5500-SF.
7
A pension plan is exempt from filing Schedule R if all of the following conditions are met:
The plan is not a defined benefit plan or otherwise subject to the minimum funding standards of Code section 412 or ERISA section 302.
No plan benefits that would be reportable on line 1 of Part I of this Schedule R were distributed during the plan year. See the instructions for
Schedule R, Part I, line 1, below.
No benefits, as described in the instructions for Schedule R, Part I, line 2, below, were paid during the plan year other than by the plan
sponsor or plan administrator. (This condition is not met if benefits were paid by the trust or any other payor(s) which are reportable on IRS Form
1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc., using an EIN other than
that of the plan sponsor or plan administrator reported on line 2b or 3b of Form 5500.)
Unless the plan is a profit-sharing, ESOP or stock bonus plan, no plan benefits of living or deceased participants were distributed during the
plan year in the form of a single-sum distribution. See the instructions for Schedule R, Part I, line 3, below.
The plan is not an ESOP.
The plan is not a multiemployer defined benefit plan.
General Instructions to Form 5500
-13-
Deleted: ¶
Section 5: Line-by-Line
Instructions for the 2013
Form 5500 and Schedules
Type of entity
Enter the letter
Deleted: 2012
Part I – Annual Return/Report Identification
Information
File the 2013 Form 5500 annual return/report for a plan year
that began in 2013 or a DFE year that ended in 2013. Enter the
beginning and ending dates in Part I. The 2013 Form 5500
annual return/report must be filed electronically.
One Form 5500 is generally filed for each plan or entity
described in the instructions to the boxes in line A. Do not
check more than one box.
Master Trust
Investment Account
M
Common/Collective Trust
C
Pooled Separate
Account
P
103-12 Investment
Entity
E
Group Insurance
Arrangement
G
-15-
Deleted: 2012
Deleted: 2012
Note. A separate annual report with ―M‖ entered as the DFE
code on Form 5500, line A, must be filed for each MTIA. See
instructions on page 9.
Line B –B o x for First Return/Report. Check this box if an
annual return/report has not been previously filed for this plan
or DFE. For the purpose of completing this box, the Form
5500-EZ is not considered an annual return/report.
Line B –B o x for Amended Return/Report. Check this box if
you have already filed for the 2013 plan year and are now filing
an amended return/report to correct errors and/or omissions on
the previously filed return/report. See instructions on page 6.
Check the line B box for an ―amended return/report‖ if
you filed a previous 2013 annual return/report that
was given a ―Filing_Received,‖ ―Filing_Error,‖ or
―Filing_Stopped‖ status by EFAST2. Do not check the line B box
for an ―amended return/report‖ if your previous submission
attempts were not successfully received by EFAST2 because of
problems with the transmission of your return/report. For more
information, go to the EFAST2 website at www.efast.dol.gov or
call the EFAST2 Help Line at 1-866-GO-EFAST (1-866-4633278).
Line B –B o x for Final Return/Report. Check this box if this
Form 5500 is the last annual return/report required to be
submitted for this plan. (See Final Return/Report.)
Note. Do not check box B (Final Return/Report) if ―4R‖ is
entered on line 8b for a welfare plan that is not required to file
a Form 5500 for the next plan year because the welfare plan
has become eligible for an annual reporting exemption. For
example, certain unfunded and insured welfare plans may be
required to file the 2013 Form 5500 and be exempt from filing a
Form 5500 for the plan year 2014 if the number of participants
covered as of the beginning of the 2014 plan year drops below
100. See Who Must File. Should the number of participants
covered by such a plan increase to 100 or more in a future
year, the plan must resume filing Form 5500 and enter ‗‗4S‘‘ on
line 8b on that year‘s Form 5500. See 29 CFR 2520.104-20.
Line B –B o x for Short Plan Year Return/Report. Check
this box if this Form 5500 is being filed for a plan year period of
less than 12 months. Provide the dates in Part I, Plan Year
Beginning and Ending.
Line C –B o x for Collectively-Bargained Plan. Check this
box when the contributions to the plan and/or the benefits paid
by the plan are subject to the collective bargaining process
(even if the plan is not established and administered by a joint
board of trustees and even if only some of the employees
covered by the plan are members of a collective bargaining
unit that negotiates contributions and/or benefits). The
contributions and/or benefits do not have to be identical for all
A separate Form 5500, with line A (single-employer plan)
checked, must be filed by each employer participating in a plan
or program of benefits in which the funds attributable to each
employer are available to pay benefits only for that employer‘s
employees, even if the plan is maintained by a controlled
group.
A ―controlled group‖ is generally considered one employer
for Form 5500 reporting purposes. A ―controlled group‖ is a
controlled group of corporations under Code section 414(b), a
group of trades or businesses under common control under
Code section 414(c), or an affiliated service group under Code
section 414(m).
Line A –B o x for Multiemployer Plan. Check this box if the
Form 5500 is filed for a multiemployer plan. A plan is a
multiemployer plan if: (a) more than one employer is required
to contribute, (b) the plan is maintained pursuant to one or
more collective bargaining agreements between one or more
employee organizations and more than one employer; (c) an
election under Code section 414(f)(5) and ERISA section
3(37)(E) has not been made; and (d) the plan meets any other
applicable conditions of 29 CFR 2510.3-37. A plan that has
made a proper election under ERISA section 3(37)(G) and
Code section 414(f)(6) on or before August 17, 2007, is also a
multiemployer plan. Participating employers do not file
individually for these plans.
Line A –B o x for Single-Employer Plan. Check this box if
the Form 5500 is filed for a single-employer plan. A singleemployer plan for this Form 5500 reporting purpose is an
employee benefit plan maintained by one employer or one
employee organization.
Line A –B o x for Multiple-Employer Plan. Check this box if
Form 5500 is being filed for a multiple-employer plan. A
multiple-employer plan is a plan that is maintained by more
than one employer and is not one of the plans already
described. A multiple-employer plan can be collectively
bargained and collectively funded, but if covered by PBGC
termination insurance, must have properly elected before
September 27, 1981, not to be treated as a multiemployer plan
under Code section 414(f)(5) or ERISA sections 3(37)(E) and
4001(a)(3), and have not revoked that election or made an
election to be treated as a multiemployer plan under Code
section 414(f)(6) or ERISA section 3(37)(G). Participating
employers do not file individually for this type of plan. Do not
check this box if the employers maintaining the plan are
members of the same controlled group.
Line A –Box for Direct Filing Entity (DFE). Check this box
and enter the correct letter from the following chart in the
space provided to indicate the type of entity.
Deleted: 2012
Instructions for Part I and Part II of Form 5500
Deleted: 2012
Deleted: 2012
Deleted: 2012
Deleted: 2012
Deleted: 2013
Deleted: 2013
employees under the plan.
Line D –B o x for Extension and DFVC Program. Check the
appropriate box here if:
You filed for an extension of time to file this form with the
IRS using a completed Form 5558, Application for Extension
of Time To File Certain Employee Plan Returns (maintain a
copy of the Form 5558 with the filer‘s records);
You are filing using the automatic extension of time to file
Form 5500 until the due date of the federal income tax return
of the employer (maintain a copy of the employer‘s extension
of time to file the income tax return with the filer‘s records);
You are filing using a special extension of time to file the
Form 5500 that has been announced by the IRS, DOL, and
PBGC. If you checked that you are using a special extension of
time, enter a description of the extension of time in the space
provided.
You are filing under DOL‘s Delinquent Filer Voluntary
Compliance (DFVC) Program.
Part II – Basic Plan Information
Line 1a. Enter the formal name of the plan or DFE or enough
information to identify the plan or DFE. Abbreviate if
necessary. If an annual return/report has previously been filed
on behalf of the plan, regardless of the type of form that was
filed (Form 5500, Form 5500-EZ, or Form 5500-SF) use the
same name or abbreviation as was used on the prior filings.
Once you use an abbreviation, continue to use it for that plan
on all future annual return/report filings with the IRS, DOL, and
PBGC. Do not use the same name or abbreviation for any
other plan, even if the first plan is terminated.
Line 1b. Enter the three-digit plan or entity number (PN) the
employer or plan administrator assigned to the plan or DFE.
This three-digit number, in conjunction with the employer
identification number (EIN) entered on line 2b, is used by the
IRS, DOL, and PBGC as a unique 12-digit number to identify
the plan or DFE.
Start at 001 for plans providing pension benefits, plans
providing pension and welfare benefits, or DFEs as illustrated
in the table below. Start at 501 for plans providing only welfare
benefits and GIAs. Do not use 888 or 999.
Once you use a plan or DFE number, continue to use it for
that plan or DFE on all future filings with the IRS, DOL, and
PBGC. Do not use it for any other plan or DFE, even if the first
plan or DFE is terminated.
For each Form 5500
with the same EIN
(line 2b), when
Part II, line 8a is completed,
or Part I, line A, for a DFE is
checked and an M, C, P, or
E is entered
Part II, line 8b is completed
and 8a is not checked, or
Part I, line A, for a DFE is
checked and a G is entered
Assign PN
001 to the first plan or DFE.
Consecutively number others
as 002, 003…
501 to the first plan or GIA.
Consecutively number others
as 502, 503…
Exception. If Part II, line 8a is completed and 333 (or a higher
number in a sequence beginning with 333) was previously
assigned to the plan, that number may be entered on line 1b.
Line 1c. Enter the date the plan first became effective.
Line 2a. Limit your response to the information required in
each row as specified below:
1. Enter the name of the plan sponsor or, in the case of a
Instructions for Part I and Part II of Form 5500
-15-
Form 5500 filed for a DFE, the name of the insurance
company, financial institution, or other sponsor of the DFE
(e.g., in the case of a GIA, the trust or other entity that holds
the insurance contract, or in the case of an MTIA, one of the
sponsoring employers). If the plan covers only the employees
of one employer, enter the employer‘s name.
The term ‗‗plan sponsor‘‘ means:
The employer, for an employee benefit plan that a single
employer established or maintains;
The employee organization in the case of a plan of an
employee organization; or
The association, committee, joint board of trustees, or other
similar group of representatives of the parties who establish or
maintain the plan, if the plan is established or maintained
jointly by one or more employers and one or more employee
organizations, or by two or more employers.
Note. In the case of a multiple-employer plan, file only one
annual return/report for the plan. If an association or other
entity is not the sponsor, enter the name of a participating
employer as sponsor. A plan of a controlled group of
corporations should enter the name of one of the sponsoring
members. In either case, the same name must be used in all
subsequent filings of the Form 5500 for the multiple-employer
plan or controlled group (see instructions to line 4 concerning
change in sponsorship).
2. Enter any ‗‗in care of‘‘ (C/O) name.
3. Enter the current street address. A post office box
number may be entered if the Post Office does not deliver mail
to the sponsor‘s street address.
4. Enter the name of the city.
5. Enter the two-character abbreviation of the U.S. state or
possession and zip code.
6. Enter the foreign routing code, if applicable. Leave U.S.
state and zip code blank if entering a foreign routing code and
country name.
7. Enter the foreign country, if applicable.
8. Enter the D/B/A (the doing business as) or trade name of
the sponsor if different from the plan sponsor‘s name.
9. Enter any second address. Use only a street address
here, not a P.O. box.
Note. You also can use the IRS Form 8822-B, Change of
Address – Business, to notify the IRS if the address provided
here is a change in your business mailing address or your
business location.
Line 2b. Enter the nine-digit employer identification number
(EIN) assigned to the plan sponsor/employer, for example, 001234567. In the case of a DFE, enter the employer
identification number (EIN) assigned to the CCT, PSA, MTIA,
103-12 IE, or GIA.
Do not use a social security number in lieu of an EIN. The
Form 5500 is open to public inspection, and the contents are
public information and are subject to publication on the
Internet. Because of privacy concerns, the inclusion of a social
security number or any portion thereof on this line may result in
the rejection of the filing.
Employers without an EIN must apply for one as soon as
possible. The EBSA does not issue EINs. To apply for an EIN
from the IRS:
Mail or fax Form SS-4, Application for Employer
Identification Number, obtained by calling 1-800-TAX-FORM
(1-800-829-3676) or at the IRS website at www.irs.gov.
Call 1-800-829-4933 to receive your EIN by telephone.
Select the Online EIN Application link at www.irs.gov. The
EIN is issued immediately once the application information is
validated. (The online application process is not yet available
for corporations with addresses in foreign countries or Puerto
Rico.)
A multiple-employer plan or plan of a controlled group of
corporations should use the EIN of the sponsor identified in
line 2a. The EIN must be used in all subsequent filings of the
Form 5500 for these plans (see instructions to line 4
concerning change in EIN).
If the plan sponsor is a group of individuals, get a single EIN
for the group. When you apply for the EIN, provide the name of
the group, such as ‗‗Joint Board of Trustees of the Local 187
Machinists‘ Retirement Plan.‘‘ (If filing Form SS-4, enter the
group name on line 1.)
Note. EINs for funds (trusts or custodial accounts) associated
with plans (other than DFEs) are generally not required to be
furnished on the Form 5500; the IRS will issue EINs for such
funds for other reporting purposes. EINs may be obtained as
explained above. Plan sponsors should use the trust EIN
described above when opening a bank account or conducting
other transactions for a trust that require an EIN.
Line 2d. Enter the six-digit business code that best describes
the nature of the plan sponsor‘s business from the list of
business codes on pages 59, 60, and 61. If more than one
employer or employee organization is involved, enter the
business code for the main business activity of the employers
and/or employee organizations.
Line 3a. Please limit your response to the information
required:
1. Enter the name of the plan administrator unless the
administrator is the sponsor identified in line 2 or the Form
5500 is submitted for a DFE (Part I, line A, for a DFE should be
checked and the appropriate DFE code entered). If this is the
case, check the ―Same as Plan Sponsor Name‖ box and leave
lines 3b and 3c blank. If the administrator‘s address is also the
same as the Plan Sponsor‘s identified in line 2, check the
―Same as Plan Sponsor Address‖ box and disregard items 2
through 6 below.
The term ―plan administrator‖ means:
document. If an employee of the plan sponsor is designated as
the plan administrator, that employee must get an EIN.
Line 4. If the plan sponsor‘s or DFE‘s name and/or EIN have
changed since the last return/report was filed for this plan or
DFE, enter the plan sponsor‘s or DFE‘s name, EIN, and the
plan number as it appeared on the last return/report filed.
The failure to indicate on line 4 that a plan sponsor
was previously identified by a different name or a
different employer identification number (EIN) could
result in correspondence from the DOL and the IRS.
Lines 5 and 6. All filers must complete both lines 5 and 6
unless the Form 5500 is filed for an IRA Plan described in
Limited Pension Plan Reporting or for a DFE.
The description of ‗‗participant‘‘ in the instructions below is
only for purposes of these lines.
An individual becomes a participant covered under an
employee welfare benefit plan on the earliest of:
the date designated by the plan as the date on which the
individual begins participation in the plan;
the date on which the individual becomes eligible under the
plan for a benefit subject only to occurrence of the contingency
for which the benefit is provided; or
the date on which the individual makes a contribution to the
plan, whether voluntary or mandatory.
See 29 CFR 2510.3-3(d)(1). This includes former employees
who are receiving group health continuation coverage benefits
pursuant to Part 6 of ERISA and who are covered by the
employee welfare benefit plan. Covered dependents are not
counted as participants. A child who is an ―alternate recipient‖
entitled to health benefits under a qualified medical child
support order (QMCSO) should not be counted as a participant
for lines 5 and 6. An individual is not a participant covered
under an employee welfare plan on the earliest date on which
the individual (a) is ineligible to receive any benefit under the
plan even if the contingency for which such benefit is provided
should occur, and (b) is not designated by the plan as a
participant. See 29 CFR 2510.3-3(d)(2).
Before counting the number of participants, especially
in a welfare benefit plan, it is important to determine
whether the plan sponsor has established one or more
plans for Form 5500/Form 5500-SF reporting purposes. As a
matter of plan design, plan sponsors can offer benefits through
various structures and combinations. For example, a plan
sponsor could create (i) one plan providing major medical
benefits, dental benefits, and vision benefits, (ii) two plans with
one providing major medical benefits and the other providing
self-insured dental and vision benefits; or (iii) three separate
plans. You must review the governing documents and actual
operations to determine whether welfare benefits are being
provided under a single plan or separate plans.
The fact that you have separate insurance policies for each
different welfare benefit does not necessarily mean that you
have separate plans. Some plan sponsors use a ―wrap‖
document to incorporate various benefits and insurance
policies into one comprehensive plan. In addition, whether a
benefit arrangement is deemed to be a single plan may be
different for purposes other than Form 5500/Form 5500-SF
reporting. For example, special rules may apply for purposes of
HIPAA, COBRA, and Internal Revenue Code compliance. If
you need help determining whether you have a single welfare
benefit plan for Form 5500/Form 5500-SF reporting purposes,
you should consult a qualified benefits consultant or legal
counsel.
For pension benefit plans, ―alternate payees‖ entitled to
The person or group of persons specified as the
administrator by the instrument under which the plan is
operated;
The plan sponsor/employer if an administrator is not so
designated; or
Any other person prescribed by regulations if an
administrator is not designated and a plan sponsor cannot
be identified.
2. Enter any ―in care of‖ (C/O) name.
3. Enter the current street address. A post office box
number may be entered if the Post Office does not deliver mail
to the administrator‘s street address.
4. Enter the name of the city.
5. Enter the two-character abbreviation of the U.S. state or
possession and zip code.
6. Enter the foreign routing code and foreign country, if
applicable. Leave U.S. state and zip code blank if entering
foreign routing code and country information.
Line 3b. Enter the plan administrator‘s nine-digit EIN. A plan
administrator must have an EIN for Form 5500 reporting
purposes. If the plan administrator does not have an EIN, apply
for one as explained in the instructions for line 2b. One EIN
should be entered for a group of individuals who are,
collectively, the plan administrator.
Note. Employees of the plan sponsor who perform
administrative functions for the plan are generally not the plan
administrator unless specifically designated in the plan
-16-
Instructions for Part I and Part II of Form 5500
benefits under a qualified domestic relations order are not to
be counted as participants for this line.
For pension benefit plans, ―participant‖ for this line means
any individual who is included in one of the categories below:
1. Active participants (i.e., any individuals who are currently
in employment covered by the plan and who are earning or
retaining credited service under the plan). This includes any
individuals who are eligible to elect to have the employer make
payments under a Code section 401(k) qualified cash or
deferred arrangement. Active participants also include any
nonvested individuals who are earning or retaining credited
service under the plan. This does not include (a) nonvested
former employees who have incurred the break in service
period specified in the plan or (b) former employees who have
received a ―cash-out‖ distribution or deemed distribution of
their entire nonforfeitable accrued benefit.
2. Retired or separated participants receiving benefits (i.e.,
individuals who are retired or separated from employment
covered by the plan and who are receiving benefits under the
plan). This does not include any individual to whom an
insurance company has made an irrevocable commitment to
pay all the benefits to which the individual is entitled under the
plan.
3. Other retired or separated participants entitled to future
benefits (i.e., any individuals who are retired or separated from
employment covered by the plan and who are entitled to begin
receiving benefits under the plan in the future). This does not
include any individual to whom an insurance company has
made an irrevocable commitment to pay all the benefits to
which the individual is entitled under the plan.
4. Deceased individuals who had one or more beneficiaries
who are receiving or are entitled to receive benefits under the
plan. This does not include any individual to whom an
insurance company has made an irrevocable commitment to
pay all the benefits to which the beneficiaries of that individual
are entitled under the plan.
Line 6g. Enter the number of participants included on line 6f
(total participants at the end of the plan year) who have
account balances. For example, for a Code section 401(k) plan
the number entered on line 6g should be the number of
participants counted on line 6f who have made a contribution,
or for whom a contribution has been made, to the plan for this
plan year or any prior plan year. Defined benefit plans should
leave line 6g blank.
Line 6h. Include any individual who terminated employment
during this plan year, whether or not he or she (a) incurred a
break in service, (b) received an irrevocable commitment from
an insurance company to pay all the benefits to which he or
she is entitled under the plan, and/or (c) received a cash
distribution or deemed cash distribution of his or her
nonforfeitable accrued benefit. Multiemployer plans and
multiple-employer plans that are collectively bargained do not
have to complete line 6h.
Line 7. Only multiemployer plans should complete line 7.
Multiemployer plans must enter the total number of employers
obligated to contribute to the plan. For purposes of line 7 of the
Form 5500, an employer obligated to contribute is defined as
an employer who, during the 2013 plan year, is a party to the
collective bargaining agreement(s) pursuant to which the plan
is maintained or who may otherwise be subject to withdrawal
liability pursuant to ERISA section 4203. Any two or more
contributing entities (e.g., places of business with separate
collective bargaining agreements) that have the same ninedigit employer identification number (EIN) must be aggregated
and counted as one employer for this purpose.
Line 8 - Benefits Provided Under the Plan. In the boxes for
Instructions for Part I and Part II of Form 5500
-17-
line 8a and 8b, as appropriate, enter all applicable plan
characteristic codes from the List of Plan Characteristic Codes
on pages 19 and 20 that describe the characteristics of the
plan being reported.
Note. In the case of an eligible combined plan under Code
section 414(x) and ERISA section 210(e), the codes entered in
line 8a must include any codes applicable for either the defined
benefit pension features or the defined contribution pension
features of the plan.
For plan sponsors of Puerto Rico plans, enter
characteristic code 3C only if:
i. only Puerto Rico residents participate,
ii. the trust is exempt from income tax under the laws of
Puerto Rico, and
iii. the plan administrator has not made the election under
ERISA section 1022(i)(2), and, therefore, the plan is not
intended to qualify under section 401(a) of the Internal
Revenue Code (U.S).
Line 9 - Funding and Benefit Arrangements. Check all
boxes that apply to indicate the funding and benefit
arrangements used during the plan year. The ‗‗funding
arrangement‘‘ is the method for the receipt, holding,
investment, and transmittal of plan assets prior to the time the
plan actually provides benefits. The ‗‗benefit arrangement‘‘ is
the method by which the plan provides benefits to participants.
For purposes of line 9:
‗‗Insurance‘‘ means the plan has an account, contract, or
policy with an insurance company, insurance service, or other
similar organization (such as Blue Cross, Blue Shield, or a
health maintenance organization) during the plan or DFE year.
(This includes investments with insurance companies such as
guaranteed investment contracts (GICs).) An annuity account
arrangement under Code section 403(b)(1) that is required to
complete the Form 5500 should mark ―insurance‖ for both the
plan funding arrangement and plan benefit arrangement. Do
not check ‗‗insurance‘‘ if the sole function of the insurance
company was to provide administrative services.
‗‗Code section 412(e)(3) insurance contracts‘‘ are
contracts that provide retirement benefits under a plan that are
guaranteed by an insurance carrier. In general, such contracts
must provide for level premium payments over the individual‘s
period of participation in the plan (to retirement age), premiums
must be timely paid as currently required under the contract,
no rights under the contract may be subject to a security
interest, and no policy loans may be outstanding. If a plan is
funded exclusively by the purchase of such contracts, the
otherwise applicable minimum funding requirements of section
412 of the Code and section 302 of ERISA do not apply for the
year and neither the Schedule MB nor the Schedule SB is
required to be filed.
‗‗Trust‘‘ includes any fund or account that receives, holds,
transmits, or invests plan assets other than an account or
policy of an insurance company. A custodial account
arrangement under Code section 403(b)(7) that is required to
complete the Form 5500 should mark ―trust‖ for both the plan
funding arrangement and the plan benefit arrangement.
‗‗General assets of the sponsor‘‘ means either the plan
had no assets or some assets were commingled with the
general assets of the plan sponsor prior to the time the plan
actually provided the benefits promised.
Example. If the plan holds all its assets invested in registered
investment companies and other non-insurance company
investments until it purchases annuities to pay out the benefits
promised under the plan, box 9a(3) should be checked as the
Deleted: 2012
funding arrangement and box 9b(1) should be checked as the
benefit arrangement.
Note. An employee benefit plan that checks boxes 9a(1),
9a(2), 9b(1), and/or 9b(2) must attach Schedule A (Form
5500), Insurance Information, to provide information
concerning each contract year ending with or within the plan
year. See the instructions to the Schedule A and enter the
number of Schedules A on line 10b(3), if applicable.
Line 10. Check the boxes on line 10 to indicate the schedules
being filed and, where applicable, count the schedules and
enter the number of attached schedules in the space provided.
and December 31, 2013, and made a timely Form M-1
registration filing, the plan must provide the Receipt
Confirmation Code for the Form M-1 registration filing.)
A welfare benefit plan‘s failure to attach a statement
indicating whether it is subject to the Form M-1 filing
requirements, and if so, whether they are currently in
compliance with such requirements and failure to provide a
valid Receipt Confirmation Code, will subject the Form 5500
filing to rejection as incomplete and civil penalties may be
assessed pursuant to ERISA Section 502(c)(2) and 29 CFR
2560.502c-2.
Form M-1 Compliance Information (to be
provided by all welfare plans).
All welfare plans must provide an attachment that is clearly
labeled at the top of the attachment ―Form M-1 Compliance
Information.‖ The attachment must state:
1.
If the plan provides welfare benefits, whether the plan
was subject to the Form M-1 filing requirements during the
plan year;
2.
If the plan was subject to the Form M-1 filing
requirements, whether the plan is currently in compliance
with the Form M-1 filing requirements;
3.
Provide the Receipt Confirmation Code for the 2013 Form
M-1 annual report. If the plan was not required to file the
2013 Form M-1 annual report, enter the Receipt
Confirmation Code for the most recent Form M-1 that was
required to be filed under the Form M-1 filing
requirements. (Failure to enter a valid Receipt
Confirmation Code will subject the Form 5500 filing to
rejection as incomplete.)
If the plan is a multiple employer welfare arrangement or an
Entity Claiming Exception (ECE) subject to the Form M-1 filing
requirements, you must indicate that the plan is subject to the
Form M-1 filing requirements. Generally, a Form M-1 annual
report must be filed each year by March 1st following the
calendar year in which a plan operates subject to the Form M-1
filing requirement. (For example, a plan MEWA that was
operating in 2013 must file the 2013 Form M-1 annual report
by March 1, 2014.) In addition, Form M-1 filings are necessary
in the case of certain registration, origination, or special events.
See the instructions for Form M-1, Report for Multiple
Employer Welfare Arrangements (MEWAs) and Certain
Entities Claiming Exception (ECEs),
http://www.askebsa.dol.gov/mewa, and 29 CFR 2520.101-2 for
more information regarding the Form M-1 filing requirements
for plan MEWAs and ECEs.
All plans that indicated that they are subject to the Form M-1
filing requirements, must also state whether they are currently
in compliance with the Form M-1 filing requirements and enter
a Receipt Confirmation Code for the 2013 Form M-1 annual
report that was required to be filed with the Department under
the Form M-1 filing requirements. The Receipt Confirmation
Code is a unique code generated by the Form M-1 electronic
filing system. You can find this code under the ―completed
filings‖ area when you log into your Form M-1 electronic filing
system at http://www.askebsa.dol.gov/mewa.
If a plan that is subject to the Form M-1 filing requirements was
not required to file a 2013 Form M-1 annual report, enter the
Receipt Confirmation Code for the most recent Form M-1 that
was required to be filed under the Form M-1 filing requirements
on or before the date of filing the 2013 Form 5500. (For
example, if a plan was not required to file a 2013 Form M-1
annual report by March 1, 2014 for the 2013 calendar year
because it experienced a registration event between October 1
-18-
Instructions for Part I and Part II of Form 5500
LIST OF PLAN CHARACTERISTICS CODES FOR LINES 8a AND 8b
CODE
Defined Benefit Pension Features
1A
Benefits are primarily pay related.
1B
Benefits are primarily flat dollar (includes dollars per year
of service).
1C
Cash balance or similar plan – Plan has a ―cash balance‖
formula. For this purpose, a ―cash balance‖ formula is a
benefit formula in a defined benefit plan by whatever
name (for example, personal account plan, pension
equity plan, life cycle plan, cash account plan, etc.) that
rather than, or in addition to, expressing the accrued
benefit as a life annuity commencing at normal
retirement age, defines benefits for each employee in
terms more common to a defined contribution plan such
as a single sum distribution amount (for example, 10
percent of final average pay times years of service, or
the amount of the employee‘s hypothetical account
balance).
1D
Floor-offset plan – to offset for retirement benefits
provided by an employer-sponsored defined contribution
plan.
1E
Code section 401(h) arrangement – Plan contains
separate accounts under Code section 401(h) to provide
employee health benefits.
1F
Code section 414(k) arrangement – Benefits are based
partly on the balance of the separate account of the
participant (also include appropriate defined contribution
pension feature codes).
1H
1I
CODE
2A
2F
ERISA section 404(c) plan – This plan, or any part of it,
is intended to meet the conditions of 29 CFR 2550.404c1.
2G
Total participant-directed account plan – Participants
have the opportunity to direct the investment of all the
assets allocated to their individual accounts, regardless
of whether 29 CFR 2550.404c-1 is intended to be met.
2H
Partial participant-directed account plan – Participants
have the opportunity to direct the investment of a portion
of the assets allocated to their individual accounts,
regardless of whether 29 CFR 2550.404c-1 is intended
to be met.
2I
Stock bonus.
2J
Code section 401(k) feature – A cash or deferred
arrangement described in Code section 401(k) that is
part of a qualified defined contribution plan that provides
for an election by employees to defer part of their
compensation or receive these amounts in cash.
2K
Code section 401(m) arrangement – Employee
contributions are allocated to separate accounts under
the plan or employer contributions are based, in whole or
in part, on employee deferrals or contributions to the
plan. Not applicable if plan is 401(k) with only QNECs
and/or QMACs. Also not applicable if Code sections
403(b)(1), 403(b)(7), or 408 arrangement/accounts
annuities.
An annuity contract purchased by Code section 501(c)(3)
organization or public school as described in Code
section 403(b)(1) arrangement.‖
Custodial accounts for regulated investment company
stock as described in Code section 403(b)(7).
Code section 408 accounts and annuities – See Limited
Pension Plan Reporting instructions for pension plan
utilizing Code section 408 individual retirement accounts
or annuities as the funding vehicle for providing benefits.
2L
2M
Plan covered by PBGC that was terminated and closed
out for PBGC purposes – Before the end of the plan year
(or a prior plan year), (1) the plan terminated in a
standard (or distress) termination and completed the
distribution of plan assets in satisfaction of all benefit
liabilities (or all ERISA Title IV benefits for distress
termination); or (2) a trustee was appointed for a
terminated plan pursuant to ERISA section 4042.
2N
2O
ESOP other than a leveraged ESOP.
2P
Frozen plan – As of the last day of the plan year, the plan
provides that no participant will get any new benefit
accrual (whether because of service or compensation).
Leveraged ESOP – An ESOP that acquires employer
securities with borrowed money or other debt-financing
techniques.
2Q
The employer maintaining this ESOP is an S corporation.
Defined Contribution Pension Features
2R
Participant-directed brokerage accounts provided as an
investment option under the plan.
2S
401(k) plan or 403(b) plan that provides for automatic
enrollment in plan that has elective contributions
deducted from payroll
2T
Total or partial participant-directed account plan – plan
uses default investment account for participants who fail
to direct assets in their account.
Age/service weighted or new comparability or similar
plan – Age/service weighted plan: Allocations are based
on age, service, or age and service. New comparability
or similar plan: Allocations are based on participant
classifications and a classification(s) consists entirely or
predominantly of highly compensated employees; or the
plan provides an additional allocation rate on
compensation above a specified threshold, and the
threshold or additional rate exceeds the maximum
threshold or rate allowed under the permitted disparity
rules of Code section 401(l).
2B
Target benefit plan.
2C
Money purchase (other than target benefit).
2D
Offset plan – Plan benefits are subject to offset for
retirement benefits provided in another plan or
arrangement of the employer.
2E
Profit-sharing.
CODE
-19-
Other Pension Benefit Features
3B
Plan covering self-employed individuals.
3C
Plan not intended to be qualified – A plan not intended to
be qualified under Code sections 401, 403, or 408.
3D
Pre-approved pension plan – A master, prototype, or
volume submitter plan that is the subject of a favorable
opinion or advisory letter from the IRS.
3F
Plan sponsor(s) received services of leased employees,
as defined in Code section 414(n), during the plan year.
Instructions for Part I and Part II of Form 5500
Deleted: Code section 403(b)(1) arrangement.
Deleted: 1G
...
Deleted: Code section 403(b)(7) accounts.
Deleted: Plan provides for automatic
enrollment in plan that has elective contributions
deducted from payroll.
LIST OF PLAN CHARACTERISTICS CODES FOR LINES 8a AND 8b (Continued)
3H
Plan sponsor(s) is (are) a member(s) of a controlled
group (Code sections 414(b), (c), or (m)).
3I
Plan requiring that all or part of employer contributions
be invested and held, at least for a limited period, in
employer securities.
3J
CODE
U.S.-based plan that covers residents of Puerto Rico and
is qualified under both Code section 401 and section
1165 of Puerto Rico Code.
4K
Scholarship (funded).
4L
Death benefits (include travel accident but not life
insurance).
4P
Taft-Hartley Financial Assistance for Employee Housing
Expenses.
4Q
Other.
4R
Unfunded, fully insured, or combination unfunded/fully
insured welfare plan that will not file an annual report for
next plan year pursuant to 29 CFR 2520.104-20.
4S
Unfunded, fully insured, or combination unfunded/fully
insured welfare plan that stopped filing annual reports in
an earlier plan year pursuant to 29 CFR 2520.104-20.
4T
10 or more employer plan under Code section
419A(f)(6).
4U
Collectively-bargained welfare benefit arrangement
under Code section 419A(f)(5).
Welfare Benefit Features
4A
Health (other than vision or dental).
4B
Life insurance.
4C
Supplemental unemployment.
4D
Dental.
4E
Vision.
4F
Temporary disability (accident and sickness).
4G
Prepaid legal.
4H
Long-term disability.
4I
Severance pay.
4J
Apprenticeship and training.
-20-
Instructions for Part I and Part II of Form 5500
this Schedule A or any of its attachments may result in the
rejection of the filing.
You can apply for an EIN from the IRS online, by
telephone, by fax, or by mail depending on how soon you need
to use the EIN. For more information, see Section 3: Electronic
Filing Requirement under General Instructions to Form 5500.
The EBSA does not issue EINs.
2013 Instructions for Schedule A
(Form 5500)
Insurance Information
General Instructions
Part I – Information Concerning Insurance Contract
Coverage, Fees, and Commissions
Who Must File
Schedule A (Form 5500) must be attached to the Form 5500
filed for every defined benefit pension plan, defined
contribution pension plan, and welfare benefit plan required to
file a Form 5500 if any benefits under the plan are provided by
an insurance company, insurance service, or other similar
organization (such as Blue Cross, Blue Shield, or a health
maintenance organization). This includes investment contracts
with insurance companies such as guaranteed investment
contracts (GICs). In addition, Schedules A must be attached to
a Form 5500 filed for GIAs, MTIAs, and 103-12 IEs for each
insurance or annuity contract held in the MTIA, or 103-12 IE or
by the GIA.
If Form 5500 line 9a(1), 9a(2), 9b(1), or 9b(2) is
checked, indicating that either the plan funding
arrangement or plan benefit arrangement includes an
account, policy, or contract with an insurance company (or
similar organization), at least one Schedule A would be
required to be attached to the Form 5500 filed for a pension or
welfare plan to provide information concerning the contract
year ending with or within the plan year.
Line 1(c). Enter the code number assigned by the National
Association of Insurance Commissioners (NAIC) to the
insurance company. If none has been assigned, enter zeros
―0‖ in the spaces provided.
Line 1(d). If individual policies with the same carrier are
grouped as a unit for purposes of this report, and the group
does not have one identification number, you may use the
contract or identification number of one of the individual
contracts, provided this number is used consistently to report
these contracts as a group and the plan administrator
maintains the records necessary to disclose all the individual
contract numbers in the group upon request. Use separate
Schedules A to report individual contracts that cannot be
grouped as a unit.
Line 1(e). Since plan coverage may fluctuate during the year,
the administrator should estimate the number of persons that
were covered by the contract at the end of the policy or contract
year. Where contracts covering individual employees are
grouped, compute entries as of the end of the plan year.
Line 1(f) and (g). Enter the beginning and ending dates of the
policy year for the contract identified in 1(d). Leave 1(f) blank if
separate contracts covering individual employees are grouped.
Line 2. Report on line 2 the total of all insurance fees and
commissions directly or indirectly attributable to the contract or
policy placed with or retained by the plan.
Totals. Enter on line 2 the total of all such commissions and
fees paid to agents, brokers, and other persons listed on line 3.
Complete a separate line 3 item (elements (a) through (e)) for
each person listed.
For purposes of lines 2 and 3, commissions and fees
include sales and base commissions and all other monetary
and non-monetary forms of compensation where the broker‘s
agent‘s, or other person‘s eligibility for the payment or the
amount of the payment is based, in whole or in part, on the
value (e.g., policy amounts, premiums) of contracts or policies
(or classes thereof) placed with or retained by an ERISA plan,
including, for example, persistency and profitability bonuses.
The amount (or pro rata share of the total) of such
commissions or fees attributable to the contract or policy
placed with or retained by the plan must be reported in line 2
and in line 3, element (b) and/or (c), as appropriate.
Insurers must provide plan administrators with a
proportionate allocation of commissions and fees attributable
to each contract. Any reasonable method of allocating
commissions and fees to policies or contracts is acceptable,
provided the method is disclosed to the plan administrator. A
reasonable allocation method could, in the Department of
Labor‘s view, allocate fees and commissions to a Schedule A
based on a calendar year calculation even if the plan year or
policy year was not a calendar year. For additional information
on these Schedule A reporting requirements, see ERISA
Advisory Opinion 2005-02A, available on the Internet at
www.dol.gov/ebsa.
Where benefits under a plan are purchased from and
guaranteed by an insurance company, insurance service, or
Do not file Schedule A for a contract that is an Administrative
Services Only (ASO) contract, a fidelity bond or policy, or a
fiduciary liability insurance policy. Also, if a Schedule A for a
contract or policy is filed as part of a Form 5500 for an MTIA or
103-12 IE that holds the contract, do not include a Schedule A
for the contract or policy on the Form 5500s filed for the plans
participating in the MTIA or 103-12 IE.
Check the Schedule A box on the Form 5500 (Part II, line
10b(3)), and enter the number attached in the space provided
if one or more Schedules A are attached to the Form 5500.
Specific Instructions
Information entered on Schedule A should pertain to the
insurance contract or policy year ending with or within the plan
year (for reporting purposes, a year cannot exceed 12
months).
Example. If an insurance contract year begins on July 1 and
ends on June 30, and the plan year begins on January 1 and
ends on December 31, the information on the Schedule A
attached to the 2013 Form 5500 should be for the insurance
contract year ending on June 30, 2013.
Exception. If the insurance company maintains records on the
basis of a plan year rather than a policy or contract year, the
information entered on Schedule A may pertain to the plan
year instead of the policy or contract year.
Include only the contracts issued to or held by the plan,
GIA, MTIA, or 103-12 IE for which the Form 5500 is being filed.
Lines A, B, C, and D. This information must be the same as
reported in Part II of the Form 5500 to which this Schedule A is
attached.
Do not use a social security number in lieu of an EIN. The
Schedule A and its attachments are open to public inspection,
and the contents are public information and are subject to
publication on the Internet. Because of privacy concerns, the
inclusion of a social security number or any portion thereof on
Instructions for Schedule A (Form 5500)
Deleted: 2012
-21-
Deleted: 2012
Deleted: 2012
Deleted:
other similar organization, and the contract or policy is reported
on a Schedule A, payments of reasonable monetary
compensation by the insurer out of its general assets to
affiliates or third parties for performing administrative activities
necessary for the insurer to fulfill its contractual obligation to
provide benefits, where there is no direct or indirect charge to
the plan for the administrative services other than the
insurance premium, then the payments for administrative
services by the insurer to the affiliates or third parties do not
need to be reported on lines 2 and 3 of Schedule A. This would
include compensation for services such as recordkeeping and
claims processing services provided by a third party pursuant
to a contract with the insurer to provide those services but
would not include compensation provided by the insurer
incidental to the sale or renewal of a policy, such as finder‘s
fees, insurance brokerage commissions and fees, or similar
fees.
Schedule A reporting also is not required for compensation
paid by the insurer to a ―general agent‖ or ―manager‖ for that
general agent‘s or manager‘s management of an agency or
performance of administrative functions for the insurer. For this
purpose, (1) a ―general agent‖ or ―manager‖ does not include
brokers representing insureds, and (2) payments would not be
treated as paid for managing an agency or performance of
administrative functions where the recipient‘s eligibility for the
payment or the amount of the payment is dependent or based
on the value (e.g., policy amounts, premiums) of contracts or
policies (or classes thereof) placed with or retained by ERISA
plan(s).
Schedule A reporting is not required for occasional nonmonetary gifts or meals of insubstantial value that are tax
deductible for federal income tax purposes by the person
providing the gift or meal and would not be taxable income to
the recipient. For this exemption to be available, the gift or
gratuity must be both occasional and insubstantial. For this
exemption to apply, the gift must be valued at less than $50,
the aggregate value of gifts from one source in a calendar year
must be less than $100, but gifts with a value of less than $10
do not need to be counted toward the $100 annual limit. If the
$100 aggregate value limit is exceeded, then the aggregate
value of all the gifts will be reportable. For this purpose, nonmonetary gifts of less than $10 also do not need to be included
in calculating the aggregate value of all gifts required to be
reported if the $100 limit is exceeded.
Gifts from multiple employees of one service provider
should be treated as originating from a single source when
calculating whether the $100 threshold applies. On the other
hand, in applying the threshold to an occasional gift received
from one source by multiple employees of a single service
provider, the amount received by each employee should be
separately determined in applying the $50 and $100
thresholds. For example, if six employees of a broker attend a
business conference put on by an insurer designed to educate
and explain the insurer‘s products for employee benefit plans,
and the insurer provides, at no cost to the attendees,
refreshments valued at $20 per individual, the gratuities would
not be reportable on lines 2 and 3 of the Schedule A even
though the total cost of the refreshments for all the employees
would be $120.
These thresholds are for purposes of Schedule A reporting.
Filers are cautioned that the payment or receipt of gifts and
gratuities of any amount by plan fiduciaries may violate ERISA
and give rise to civil liabilities and criminal penalties.
Line 3. Identify agents, brokers, and other persons individually
in descending order of the amount paid. Complete as many
entries as necessary to report all required information.
Complete elements (a) through (e) for each person as
specified below.
Element (a). Enter the name and address of the agents,
brokers, or other persons to whom commissions or fees were
paid.
Element (b). Report all sales and base commissions here. For
purposes of this element, sales and/or base commissions are
monetary amounts paid by an insurer that are charged directly
to the contract or policy and that are paid to a licensed agent or
broker for the sale or placement of the contract or policy. All
other payments should be reported in element (c) as fees.
Element (c). Fees to be reported here represent payments by
an insurer attributable directly or indirectly to a contract or
policy to agents, brokers, and other persons for items other
than sales and/or base commissions (e.g., service fees,
consulting fees, finders fees, profitability and persistency
bonuses, awards, prizes, and non-monetary forms of
compensation). Fees paid to persons other than agents and
brokers should be reported here, not in Parts II and III on
Schedule A as acquisition costs, administrative charges, etc.
Element (d). Enter the purpose(s) for which fees were paid.
Element (e). Enter the most appropriate organization code for
the broker, agent, or other person entered in element (a).
Code
1
Type of Organization
Banking, Savings & Loan Association, Credit Union,
or other similar financial institution
2
Trust Company
3
Insurance Agent or Broker
4
Agent or Broker other than insurance
5
Third party administrator
6
Investment Company/Mutual Fund
7
Investment Manager/Adviser
8
Labor Union
9
Foreign entity (e.g., an agent or broker, bank,
insurance company, etc., not operating within the
jurisdictional boundaries of the United States)
0
Other
For plans, GIAs, MTIAs, and 103-12 IEs required to file Part
I of Schedule C, commissions and fees listed on the Schedule
A are not required to be reported again on Schedule C. The
amount of the compensation that must be reported on
Schedule A must, however, be taken into account in
determining whether the agent‘s, broker‘s, or other person‘s
direct or indirect compensation in relation to the plan or DFE is
$5,000 or more and, thus, requiring the compensation not
listed on the Schedule A to be reported on the Schedule C.
See FAQs about the Schedule C available on the EBSA
website at www.dol.gov/ebsa/faqs.
Part II – Investment and Annuity Contract
Information
Line 4. Enter the current value of the plan‘s interest at year
end in the contract reported on line 7, e.g., deposit
administration (DA), immediate participation guarantee (IPG),
or guaranteed investment contracts (GIC).
Exception. Contracts reported on line 7 need not be included
on line 4 if (1) the Schedule A is filed for a defined benefit
pension plan and the contract was entered into before March
20, 1992, or (2) the Schedule A is filed for a defined
contribution pension plan and the contract is a fully benefitresponsive contract, i.e., it provides a liquidity guarantee by a
financially responsible third party of principal and previously
accrued interest for liquidations, transfers, loans, or hardship
withdrawals initiated by plan participants exercising their rights
-22-
Instructions for Schedule A (Form 5500)
to withdraw, borrow, or transfer funds under the terms of a
defined contribution plan that does not include substantial
restrictions to participants‘ access to plan funds.
Important Reminder. Plans may treat multiple individual
annuity contracts, including Code section 403(b)(1) annuity
contracts, issued by the same insurance company as a single
group contract for reporting purposes on Schedule A.
Line 6a. The rate information called for here may be furnished
by attaching the appropriate schedules of current rates filed
with the appropriate state insurance department or by
providing a statement regarding the basis of the rates. Enter
―see attached‖ if appropriate.
Lines 7a through 7f. Report contracts with unallocated funds.
Do not include portions of these contracts maintained in
separate accounts. Show deposit fund amounts rather than
experience credit records when both are maintained.
Part III – Welfare Benefit Contract Information
Line 8i. Report a stop-loss insurance policy that is an asset of
the plan.
Note. Employers sponsoring welfare plans may purchase a
stop-loss insurance policy with the employer as the insured to
help the employer manage its risk associated with its liabilities
under the plan. These employer contracts with premiums paid
exclusively out of the employer‘s general assets without any
employee contributions generally are not plan assets and are
not reportable on Schedule A.
Instructions for Schedule A (Form 5500)
-23-
Part IV – Provision of Information
The insurance company, insurance service, or other similar
organization is required under ERISA section 103(a)(2) to
provide the plan administrator with the information needed to
complete this return/report. If you do not receive this
information in a timely manner, contact the insurance
company, insurance service, or other similar organization.
Lines 11 and 12. If information is missing on Schedule A due
to a refusal by the insurance company, insurance service, or
other similar organization to provide information, check ―Yes‖
on line 11 and enter a description of the information not
provided on line 12. If you received all the information
necessary to receive the Schedule A, check ―No‖ and leave
line 12 blank.
As noted above, the insurance company, insurance
service, or other similar organization is statutorily
required to provide you with all of the information
necessary to complete the Schedule A, but need not provide
the information on a Schedule A itself.
Lines A, B, C, and D. This information must be the same as
reported in Part II of the Form 5500 to which this Schedule C is
attached.
Do not use a social security number in line D in lieu of an
EIN. The Schedule C and its attachments are open to public
inspection, and the contents are public information subject to
publication on the Internet. Because of privacy concerns, the
inclusion of a social security number or any portion thereof on
this Schedule C or any of its attachments may result in the
rejection of the filing.
You can apply for an EIN from the IRS online, by
telephone, by fax, or by mail depending on how soon you need
to use the EIN. For more information, see Section 3: Electronic
Filing Requirement under General Instructions to Form 5500.
The EBSA does not issue EINs.
Do not list the PBGC or the IRS on Schedule C as service
providers.
Either the cash or accrual basis may be used for the
recognition of transactions reported on the Schedule C as long
as you use one method consistently.
If service provider compensation is reported on a Schedule
C filed as a part of a Form 5500 filed for a MTIA or a 103-12
IE, do not report the same compensation again on the
Schedule C filed for the plans that participate in the MTIA or
103-12 IE.
2013 Instructions for Schedule C
(Form 5500)
Service Provider Information
General Instructions
Who Must File
Schedule C (Form 5500) must be attached to a Form 5500
filed for a large pension or welfare benefit plan, an MTIA, a
103-12 IE, or a GIA to report certain information concerning
service providers. Remember to check the Schedule C box on
the Form 5500 (Part II, line 10b(4)) if a Schedule C is attached
to the Form 5500.
Part I of the Schedule C must be completed to report
persons who rendered services to or who had transactions with
the plan (or with the DFE in the case of a Schedule C filed by a
DFE) during the reporting year if the person received, directly
or indirectly, $5,000 or more in reportable compensation in
connection with services rendered or their position with the
plan or DFE, except:
1. Employees of the plan whose only compensation in
relation to the plan was less than $25,000 for the plan year;
2. Employees of the plan sponsor or other business entity
where the plan sponsor or business entity is reported on the
Schedule C as a service provider, provided the employee did
not separately receive reportable direct or indirect
compensation in relation to the plan;
3. Persons whose only compensation in relation to the plan
consists of insurance fees and commissions listed in a
Schedule A filed for the plan; and
4. Payments made directly by the plan sponsor that are not
reimbursed by the plan. In the case of a multiemployer or
multiple-employer plan, where the ―plan sponsor‖ would be the
joint board of trustees for the plan, payments by contributing
employers, directly or through an employer association, or by
participating employee organizations, should be treated the
same as payments by a plan sponsor.
Only line 1 of Part I of the Schedule C must be completed
for persons who received only ―eligible indirect compensation‖
as defined below.
Part II of the Schedule C must be completed to report
service providers who fail or refuse to provide information
necessary to complete Part I of this Schedule.
Part III of the Schedule C must be completed to report a
termination in the appointment of an accountant or enrolled
actuary during the 2013 plan year.
For plans, GIAs, MTIAs, and 103-12 IEs required to file Part
I of Schedule C, commissions and fees listed on the Schedule
A are not required to be reported again on Schedule C. The
amount of the compensation that must be reported on
Schedule A must, however, be taken into account in
determining whether the service provider‘s direct or indirect
compensation in relation to the plan or DFE is $5,000 or more
and, thus, requiring the compensation not listed on the
Schedule A to be reported on the Schedule C. See FAQs
about the Schedule C available on the EBSA website at
www.dol.gov/ebsa/faqs.
Health and welfare plans that meet the conditions of
the limited exemption at 29 CFR 2520.104-44 or
Technical Release 92-01 are not required to
complete and file a Schedule C.
Deleted:
Deleted: 2012
Specific Instructions
Part I – Service Provider Information
You must enter the information required for each person who
rendered services to or had transactions with the plan and
who received $5,000 or more in total direct or indirect
compensation in connection with services rendered to the
plan or the person‘s position with the plan during the plan
year.
Example. A plan had service providers, A, B, C, and D,
who received $12,000, $6,000, $4,500, and $430,
respectively, in direct and indirect compensation from the
plan. Service providers A and B must be identified
separately by name, EIN, etc. As service providers C and D
each received less than $5,000, they do not need to be
reported on the Schedule C.
For Schedule C purposes, reportable compensation
includes money and any other thing of value (for example,
gifts, awards, trips) received by a person, directly or indirectly,
from the plan (including fees charged as a percentage of
assets and deducted from investment returns) in connection
with services rendered to the plan, or the person‘s position with
the plan. The term ―person‖ for this purpose includes
individuals, trades and businesses (whether incorporated or
unincorporated). See ERISA section 3(9).
Direct Compensation: Payments made directly by the
plan for services rendered to the plan or because of a person‘s
position with the plan are reportable as direct compensation.
Direct payments by the plan would include, for example, direct
payments by the plan out of a plan account, charges to plan
forfeiture accounts and fee recapture accounts, charges to a
plan‘s trust account before allocations are made to individual
participant accounts, and direct charges to plan participant
individual accounts. Payments made by the plan sponsor,
which are not reimbursed by the plan, are not subject to
Schedule C reporting requirements even if the sponsor is
paying for services rendered to the plan.
Indirect Compensation: Compensation received from
sources other than directly from the plan or plan sponsor is
reportable on Schedule C as indirect compensation from the
-24-
Instructions for Schedule C (Form 5500)
Deleted: 2012
plan if the compensation was received in connection with
services rendered to the plan during the plan year or the
person‘s position with the plan. For this purpose,
compensation is considered to have been received in
connection with services rendered to the plan or the person‘s
position with the plan if the person‘s eligibility for a payment is
based, in whole or in part, on services that were rendered to
the plan or on a transaction or series of transactions with the
plan. Indirect compensation would not include compensation
that would have been received had the service not been
rendered or the transaction had not taken place and that
cannot be reasonably allocated to the services performed or
transaction(s) with the plan.
Persons that provide investment management,
recordkeeping, claims processing, participant communication,
brokerage, and other services to the plan as part of an
investment contract or transaction are considered to be
providing services to the plan for purposes of Schedule C
reporting and would be required to be identified in Part I if they
received $5,000 or more in reportable compensation for
providing those services.
Examples of reportable indirect compensation include fees
and expense reimbursement payments received by a person
from mutual funds, bank commingled trusts, insurance
company pooled separate accounts, and other separately
managed accounts and pooled investment funds in which the
plan invests that are charged against the fund or account and
reflected in the value of the plan‘s investment (such as
management fees paid by a mutual fund to its investment
adviser, sub-transfer agency fees, shareholder servicing fees,
account maintenance fees, and 12b-1 distribution fees). The
investment of plan assets and payment of premiums for
insurance contracts, however, are not in and of themselves
payments for services rendered to the plan for purposes of
Schedule C reporting and the investment and payment of
premiums themselves are not reportable compensation for
purposes of Part I of the Schedule C.
In the case of charges against an investment fund,
reportable ―indirect compensation‖ includes, for example, the
fund‘s investment adviser asset-based investment
management fee from the fund, brokerage commissions and
fees charged in connection with purchases and sales of
interests in the fund, fees related to purchases and sales of
interests in the fund (including 12b-1 fees), fees for providing
services to plan investors or plan participants such as
communication and other shareholder services, and fees
relating to the administration of the employee benefit plan such
as recordkeeping services, Form 5500 return/report filing and
other compliance services. Amounts charged against the fund
for other ordinary operating expenses, such as attorneys‘ fees,
accountants‘ fees, printers fees, are not reportable indirect
compensation for Schedule C purposes. Also, brokerage costs
associated with a broker-dealer effecting securities
transactions within the portfolio of a mutual fund or for the
portfolio of an investment fund that holds ―plan assets‖ for
ERISA purposes should be treated for Schedule C purposes
as an operating expense of the investment fund, not reportable
indirect compensation paid to a plan service provider or in
connection with a transaction with the plan.
Other examples of reportable indirect compensation are
finder‘s fees, float revenue, brokerage commissions
(regardless of whether the broker is granted discretion),
research or other products or services, other than execution,
received from a broker-dealer or other third party in connection
with securities transactions (soft dollars), and other transaction
based fees received in connection with transactions or
Instructions for Schedule C (Form 5500)
-25-
services involving the plan whether or not they are capitalized
as investment costs.
For more information, see FAQs about the Schedule C,
available on the EBSA website at www.dol.gov/ebsa/faqs.
Special rules for non-monetary compensation of
insubstantial value, guaranteed benefit insurance policies,
bundled service arrangements, and allocating
compensation among multiple plans:
Excludable Non-Monetary Compensation: You may
exclude non-monetary compensation of insubstantial value
(such as gifts or meals of insubstantial value) that is tax
deductible for federal income tax purposes by the person
providing the gift or meal and would not be taxable income to
the recipient. The gift or gratuity must be valued at less than
$50, and the aggregate value of gifts from one source in a
calendar year must be less than $100, but gifts with a value of
less than $10 do not need to be counted toward the $100 limit.
If the $100 aggregate value limit is exceeded, then the value of
all the gifts over $10 will be reportable. Gifts received by one
person from multiple employees of one entity must be treated
as originating from a single source when calculating whether
the $100 threshold applies. On the other hand, gifts received
from one person by multiple employees of one entity can be
treated as separate compensation when calculating the $50
and $100 thresholds. For more information, see FAQs about
the Schedule C, available on the EBSA website at
www.dol.gov/ebsa/faqs.
These thresholds are for purposes of Schedule C
reporting only. Filers are strongly cautioned that gifts
and gratuities of any amount paid to or received by
plan fiduciaries may violate ERISA and give rise to civil
liabilities and criminal penalties.
Fully Insured Group Health and Similarly Fully Insured
Benefits: Where benefits under a plan are purchased from
and guaranteed by an insurance company, insurance service,
or other similar organization, and the contract or policy is
reported on a Schedule A, payments of reasonable monetary
compensation by the insurer out of its general assets to
persons for performing administrative activities necessary for
the insurer to fulfill its contractual obligation to provide benefits,
where there is no direct or indirect charge to the plan for the
administrative services other than the insurance premium,
would not be treated as indirect compensation for services
provided to the plan for Schedule C reporting purposes. This
would include compensation for services such as
recordkeeping and claims processing services provided by a
third party pursuant to a contract with the insurer to provide
those services, but would not include compensation provided
by the insurer incidental to the sale or renewal of a policy, such
as finder‘s fees, insurance brokerage commissions and fees,
or similar fees. Insurance investment contracts are not eligible
for this exception.
Bundled Service Arrangements: For Schedule C
reporting purposes, a bundled service arrangement includes
any service arrangements where the plan hires one company
to provide a range of services either directly from the
company, through affiliates or subcontractors, or through a
combination, which are priced to the plan as a single package
rather than on a service-by-service basis. A bundled service
arrangement would also include an investment transaction in
which the plan receives a range of services either directly from
the investment provider, through affiliates or subcontractors, or
through a combination.
Direct payments by the plan to the bundled service provider
should be reported as direct compensation to the bundled
service provider. Such direct payments by the plan do not
need to be allocated among affiliates or subcontractors and do
not need to be reported as indirect compensation received by
the affiliates or subcontractors unless the amount paid to the
affiliate or subcontractor is set on a per transaction basis, e.g.,
brokerage fees and commissions.
Fees charged to the plan‘s investment and reflected in the
net value of the investment, such as management fees paid by
mutual funds to their investment advisers, float revenue,
commissions (including ―soft dollars‖), finder‘s fees, 12b-1
distribution fees, account maintenance fees, and shareholder
servicing fees, must, subject to the alternative reporting option
for ―eligible indirect compensation,‖ described below, be
treated as separate reportable compensation by the person
receiving the fee for purposes of Schedule C reporting.
For each person who is a fiduciary to the plan or provides
one or more of the following services to the plan – contract
administrator, consulting, investment advisory (plan or
participants), investment management, securities brokerage,
or recordkeeping – commissions and other transaction based
fees, finder‘s fees, float revenue, soft dollar and other nonmonetary compensation, would also be required to be treated
as separate compensation for Schedule C purposes even if
those fees were paid from mutual fund management fees or
other fees charged to the plan‘s investment and reflected in the
net value of the investment.
Other revenue sharing payments among members of a
bundled service arrangement do not need to be allocated
among affiliates or subcontractors and treated as indirect
compensation received by the affiliates or subcontractors in
determining whether the affiliate or subcontractor must be
separately identified on line 2 of the Schedule C.
For more information about bundled arrangements for
reporting purposes, see FAQs about the Schedule C, available
on the EBSA website at www.dol.gov/ebsa/faqs.
Allocating Compensation Among Multiple Plans: Where
reportable compensation is received by a person in connection
with several plans or DFEs, any reasonable method of
allocating the compensation among the plans or DFEs may be
used provided that the allocation method is disclosed to the
plan administrator. In calculating the $5,000 threshold for
purposes of determining whether a person must be identified in
Part I, include the amount of compensation received by the
person that is attributable to the plan or DFE filing the Form
5500, not the aggregate amount received in connection with all
the plans or DFEs.
Affiliates: For purposes of Schedule C reporting, an
―affiliate‖ of a person includes any person, directly or indirectly,
through one or more intermediaries, controlling, controlled by,
or under common control with the person applying principles
consistent with the regulations prescribed under section 414(c)
of the Code.
Line 1. Check ―Yes‖ or ―No‖ on line 1a to indicate whether you
are relying on the alternative reporting option for a person or
persons who received only ―eligible indirect compensation.‖ If
you check ―Yes‖ on line 1a, provide as many entries in line 1b
as necessary to identify the person or persons who provided
you with the necessary disclosures regarding the eligible
indirect compensation. If any indirect compensation is either
not of the type described below or if the plan did not receive
the written disclosures described below, the indirect
compensation is not ―eligible indirect compensation‖ for
purposes of Part 1.
(1) Eligible Indirect Compensation: The types of indirect
compensation that can be treated as eligible indirect
compensation are indirect compensation that is fees or
expense reimbursement payments charged to investment
funds and reflected in the value of the investment or return on
investment of the participating plan or its participants finder‘s
fees ―soft dollar‖ revenue, float revenue, and/or brokerage
commissions or other transaction-based fees for transactions
or services involving the plan that were not paid directly by the
plan or plan sponsor (whether or not they are capitalized as
investment costs).
Investment funds or accounts for this purpose would
include mutual funds, bank commingled trusts, including
common and collective trusts, insurance company pooled
separate accounts, and other separately managed accounts
and pooled investment vehicles in which the plan invests.
Investment funds or accounts would also include separately
managed investment accounts that contain assets of individual
plans.
(2) Required Written Disclosures: For the types of
indirect compensation described above to be treated as
eligible indirect compensation for purposes of completing line
1, you must have received written materials that disclosed and
described (a) the existence of the indirect compensation; (b)
the services provided for the indirect compensation or the
purpose for payment of the indirect compensation; (c) the
amount (or estimate) of the compensation or a description of
the formula used to calculate or determine the compensation;
and (d) the identity of the party or parties paying and receiving
the compensation. The written disclosures for a bundled
arrangement must separately disclose and describe each
element or indirect compensation that would be required to be
separately reported if you were not relying on this alternative
reporting option.
If any person received eligible indirect compensation
and either direct compensation and/or indirect
compensation that does not meet the requirements of
this line to be eligible indirect compensation, you cannot rely
on the alternative reporting option for that person and must
complete line 2 for each such person who received $5,000 or
more in direct and indirect compensation.
Line 2. Except for those persons and eligible indirect
compensation for which you answered ―Yes‖ to line 1 above,
complete as many entries as needed to list each person
receiving, directly or indirectly, $5,000 or more in total direct
and indirect compensation. Start with the most highly
compensated and list in descending order of compensation.
Enter in element (a) the person‘s name and complete elements
(a) through (h) as specified below. Use as many entries as
necessary to list all persons and information required to be
reported.
Element (a). Enter the EIN for the person identified in
element (a). If the name of an individual is entered in element
(a) and the individual does not have an EIN, enter the EIN of
the individual‘s employer. If the person is self-employed and
does not have an EIN, you may enter the person‘s address
and telephone number. Do not use a social security number in
lieu of an EIN. The Schedule C and its attachments are open
to public inspection and are subject to publication on the
Internet. Because of privacy concerns, the inclusion of a social
security number or any portion thereof on this Schedule C or
any of its attachments may result in the rejection of the filing.
Element (b). Select from the list below all codes that
describe the services provided and compensation received.
Enter as many codes as apply:
Code Service
10
11
-26-
Accounting (including auditing)
Actuarial
Instructions for Schedule C (Form 5500)
Deleted:
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
40
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
70
71
72
73
99
Claims processing
Contract Administrator
Plan Administrator
Recordkeeping and information management (computing,
tabulating, data processing, etc.)
Consulting (general)
Consulting (pension)
Custodial (other than securities)
Custodial (securities)
Trustee (individual)
Trustee (bank, trust company, or similar financial institution)
Insurance agents and brokers
Insurance services
Trustee (discretionary)
Trustee (directed)
Investment advisory (participants)
Investment advisory (plan)
Investment management
Legal
Employee (plan)
Named fiduciary
Real estate brokerage
Securities brokerage
Valuation (appraisals, etc.)
Employee (plan sponsor)
Copying and duplicating
Participant loan processing
Participant communication
Foreign entity (e.g., an agent or broker, bank, insurance
company, etc. not operating within jurisdictional boundaries of
the United States)
Other services
Direct payment from the plan
Investment management fees paid directly by plan
Investment management fees paid indirectly by plan
Insurance brokerage commissions and fees
Sales loads (front end and deferred)
Other commissions
Non-monetary compensation
Redemption fees
Product termination fees (surrender charges, etc.)
Shareholder servicing fees
Sub-transfer agency fees
Finders‘ fees/placement fees
Float revenue
Distribution (12b-1) fees
Recordkeeping fees
Account maintenance fees
Insurance mortality and expense charge
Other insurance wrap fees
―‘Soft dollars‘ commissions‖
Consulting fees
Securities brokerage commissions and fees
Other investment fees and expenses
Other insurance fees and expenses
Other fees
Element (c). Enter any relationship of the person
identified in element (a) to the plan sponsor, to the participating
employer or employee organization, or to any person known to
be a party-in-interest, for example, employee of employer,
vice-president of employer, union officer, affiliate of plan
recordkeeper, etc.
Element (d). Enter the total amount of compensation
received directly from the plan for services rendered to the plan
during the plan year. If a service provider charges the plan a
Instructions for Schedule C (Form 5500)
-27-
fee or commission, but agrees to offset the fee or commission
with any revenue received from a party other than the plan or
plan sponsor, for example, as part of a commission recapture
or other offset arrangement, only the amount paid directly by
the plan after any revenue sharing offset should be entered in
element (d). Enter in element (d), as direct payments by the
plan, amounts that a plan sponsor, or contributing employer or
participating employee organization in the case of a
multiemployer or multiple-employer plan, pays a plan thirdparty service provider that are reimbursed by the plan.
Note. Do not leave element (d) blank. If no direct
compensation was received, enter ―0‖.
Element (e). Check ―Yes‖ if the person identified in
element (a), or any related person, received during the plan
year indirect compensation in connection with the person‘s
position with the plan or services provided to the plan. (See
instructions above on definition of indirect compensation.) If
the answer is ―No,‖ skip elements (f) through (h) for the person
identified in element (a).
Element (f). Check ―Yes‖ if any of the indirect
compensation was eligible indirect compensation for which the
plan received the necessary disclosures. See instructions for
line 1 for definition of eligible indirect compensation. Check
―No‖ if none of the indirect compensation was eligible indirect
compensation.
Element (g). Enter the total of all indirect compensation
that is not eligible indirect compensation for which the plan
received the necessary disclosure. Do not leave blank. If none,
enter ―0‖.
Element (h). Check ―Yes‖ if the service provider, instead of
an amount or an estimated amount, gave the plan a formula or
other description of the method used to determine some or all
of the indirect compensation received.
Line 3. For each person identified in line 2 who is a fiduciary to
the plan or provides one or more of the following services to
the plan – contract administrator, consulting custodial,
investment advisory (plan or participants), investment
management, broker, or recordkeeping – enter the requested
information for each source from whom the person received
indirect compensation if (1) the amount of the compensation
was $1,000 or more, or (2) the plan was given a formula or
other description of the method used to determine the indirect
compensation rather than an amount or estimated amount of
the indirect compensation.
Part II –Service Providers Who Fail or Refuse To
Provide Information
Line 4. Provide the requested information for each plan
fiduciary or service provider who you believe failed or refused
to provide any of the information necessary to complete Part I
of this schedule.
Important Reminder. Before identifying a fiduciary or service
provider as a person who failed or refused to provide
information, you should contact the fiduciary or service
provider to request the necessary information and tell them
that you will list them on the Schedule C as a fiduciary or
service provider who failed or refused to provide information if
they do not provide the necessary information.
Part III – Termination Information on Accountants
and Enrolled Actuaries
Complete Part III if there was a termination in the appointment
of an accountant or enrolled actuary during the 2013 plan year.
This information must be provided on the Form 5500 for the
plan year during which the termination occurred. For example,
if an accountant was terminated in the 2013 plan year after
Deleted: 2012
Deleted: 2012
completing work on an audit for the 2012 plan year, the
termination should be reported on the Schedule C filed with the
2013 plan year Form 5500. If the accountant is a firm (such as
a corporation, partnership, etc.), report when the service
provider (not an individual within the firm) was terminated. An
enrolled actuary is by definition an individual and not a firm,
and you must report when the individual is terminated.
Provide an explanation of the reasons for the termination of
an accountant or enrolled actuary. Include a description of any
material disputes or matters of disagreement concerning the
termination, even if resolved prior to the termination. If an
individual is listed, and the individual does not have an EIN,
the EIN to be entered should be the EIN of the individual‘s
employer.
Do not use a social security number in lieu of an EIN. The
Schedule C and its attachments are open to public inspection,
and the contents are public information and are subject to
publication on the Internet. Because of privacy concerns, the
inclusion of a social security number or any portion thereof on
this Schedule C or any of its attachments may result in the
rejection of the filing.
The plan administrator must also provide the terminated
accountant or enrolled actuary with a copy of the explanation
for the termination provided in Part III of the Schedule C, along
with a completed copy of the notice below.
Deleted: 09
Deleted: 2012
Deleted:
Notice to Terminated Accountant
or Enrolled Actuary
I, as plan administrator, verify that the explanation that is reproduced below or attached to this notice is the explanation concerning
your termination reported on the Schedule C (Form 5500) attached to the 2013 Form 5500, Annual Return/Report of Employee
Benefit Plan, for the __________________________________________________________(enter name of plan). This Form 5500
is identified in line 2b by the nine-digit EIN
(enter sponsor‘s EIN), and in line 1b by the three-digit
PN________(enter plan number).
You have the opportunity to comment to the Department of Labor concerning any aspect of this explanation. Comments should
include the name, EIN, and PN of the plan and be submitted to: Office of Enforcement, Employee Benefits Sec urity Administration,
U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, DC 20210.
Signed
Dated
-28-
Instructions for Schedule C (Form 5500)
Deleted: 2012
2013 Instructions for Schedule D
(Form 5500)
DFE / Participating Plan Information
General Instructions
Purpose of Schedule
When the Form 5500 is filed for a plan or Direct Filing Entity
(DFE) that invested or participated in any master trust
investment accounts (MTIAs), 103-12 Investment Entities
(103-12 IEs), common/collective trusts (CCTs), and/or pooled
separate accounts (PSAs), Part I provides information about
these entities. When the Form 5500 is filed for a DFE, Part II
provides information about plans participating in the DFE.
Who Must File
Employee Benefit Plans: Schedule D (Form 5500) must be
attached to a Form 5500 filed for an employee benefit plan that
participated or invested in one or more CCTs, PSAs, MTIAs, or
103-12 IEs at anytime during the plan year.
Direct Filing Entities: Schedule D (Form 5500) must be
attached to a Form 5500 filed for a CCT, PSA, MTIA, 103-12
IE, or Group Insurance Arrangement (GIA), as a Direct Filing
Entity (i.e., when a ―DFE‖ is checked on Part I, line A, of the
Form 5500). For more information, see instructions for Direct
Filing Entity (DFE) Filing Requirements.
Check the Schedule D box on the Form 5500 (Part II, line
10b(5)) if a Schedule D is attached to the Form 5500.
Complete as many repeating entries as necessary to report the
required information.
Specific Instructions
Lines A, B, C, and D. The information must be the same as
reported in Part II of the Form 5500 to which this Schedule D is
attached.
Do not use a social security number in line D in lieu of an
EIN. The Schedule D and its attachments are open to public
inspection, and the contents are public information and are
subject to publication on the Internet. Because of privacy
concerns, the inclusion of a social security number or any
portion thereof on this Schedule D or any of its attachments
may result in the rejection of the filing.
You can apply for an EIN from the IRS online, by telephone,
by fax, or by mail depending on how soon you need to use the
EIN. For more information, see Section 3: Electronic Filing
Requirement under General Instructions to Form 5500. The
EBSA does not issue EINs.
Part I – Information on Interests in MTIAs, CCTs,
PSAs, and 103-12 IEs (To Be Completed by Plans
and DFEs)
Complete as many repeating entries as necessary to enter the
information specified below for all MTIAs, CCTs, PSAs, and
103-12 IEs in which the plan or DFE filing the Form 5500
participated at any time during the plan or DFE year.
Complete a separate item (elements (a) through (e)) for
each MTIA, CCT, PSA, or 103-12 IE.
Element (a). Enter the name of the MTIA, CCT, PSA, or 10312 IE in which the plan or DFE filing the Form 5500
participated at any time during the plan or DFE year.
Element (b). Enter the name of the sponsor of the MTIA, CCT,
PSA, or 103-12 IE named in element (a).
Element (c). Enter the nine-digit employer identification
number (EIN) and three-digit plan/entity number (PN) for each
Instructions for Schedule D (Form 5500)
-29-
MTIA, CCT, PSA, or 103-12 IE named in element (a). This
must be the same DFE EIN/PN as reported on lines 2b and 1b
of the Form 5500 filed for the DFE. If a Form 5500 was not
filed for a CCT or PSA named in element (a), enter the EIN for
the CCT or PSA and enter 000 for the PN. Do not use a social
security number or any portion thereof in lieu of an EIN. The
Schedule D and its attachments are open to public inspection,
and the contents are public information and are subject to
publication on the Internet. Because of privacy concerns, the
inclusion of a social security number or any portion thereof on
this Schedule D or any of its attachments may result in the
rejection of the filing.
Element (d). Enter an M, C, P, or E, as appropriate, (see table
below) to identify the type of entity (MTIA, CCT, PSA, or 10312 IE).
Type of entity
Enter in (d)
MTIA
M
CCT
C
PSA
P
103-12 IE
E
Deleted: 2012
Element (e). Enter the dollar value of the plan‘s or DFE‘s
interest as of the end of the year. If the plan or DFE for which
this Schedule D is filed had no interest in the MTIA, CCT, PSA,
or 103-12 IE listed at the end of the year, enter ‗‗0‘‘.
Example for Part I: If a plan participates in an MTIA, the
MTIA is named in element (a); the MTIA‘s sponsor is named in
element (b); the MTIA‘s EIN and PN are entered in element (c)
(such as: 12-3456789-001); an ‗‗M‘‘ is entered in element (d);
and the dollar value of the plan‘s interest in the MTIA as of the
end of plan year is entered in element (e).
If the plan also participates in a CCT for which a Form 5500
was not filed, the CCT is named in another element (a); the
name of the CCT sponsor is entered in element (b); the EIN for
the CCT, followed by 000 is entered in element (c) (such as:
99-8765432-000); a ―C‖ is entered in element (d); and the
dollar value of the plan‘s interest in the CCT is entered in
element (e).
If the plan also participates in a PSA for which a Form 5500
was filed, the PSA is named in a third element (a); the name of
the PSA sponsor is entered in element (b); the PSA‘s EIN and
PN is entered in element (c) (such as: 98-7655555-001); a ―P‖
is entered in element (d); and the dollar value of the plan‘s
interest in the PSA is entered in element (e).
Part II – Information on Participating Plans
(To Be Completed Only by DFEs)
Complete as many repeating entries as necessary to enter the
information specified below for all plans invested or
participated in the DFE at any time during the DFE year.
Complete a separate item (elements (a) through (c)) for each
plan.
Element (a). Enter the name of each plan that invested or
participated in the DFE at any time during the DFE year. GIAs
need not complete element (a).
Element (b). Enter the name of the sponsor of each and every
plan investing or participating in the DFE.
Element (c). Enter the nine-digit EIN and three-digit PN for
each plan named in element (a). This is the EIN and PN
entered on lines 2b and 1b of the plan‘s Form 5500 or Form
5500-SF. GIAs should enter the EIN of the sponsor listed in
element (b). Do not use a social security number in lieu of an
Deleted:
EIN. The Schedule D and its attachments are open to public
inspection, and the contents are public information and are
subject to publication on the Internet. Because of privacy
concerns, the inclusion of a social security number or any
portion thereof on this Schedule D or any of its attachments
may result in the rejection of the filing.
-30-
Instructions for Schedule D (Form 5500)
2013 Instructions for Schedule G
(Form 5500)
Financial Transaction Schedules
General Instructions
Who Must File
Schedule G (Form 5500) must be attached to a Form 5500 filed
for a plan, MTIA, 103-12 IE, or GIA to report loans or fixed
income obligations in default or determined to be uncollectible
as of the end of the plan year, leases in default or classified as
uncollectible, and nonexempt transactions.
Check the Schedule G box on the Form 5500 (Part II, line
10b(6)) if a Schedule G is attached to the Form 5500. Complete
as many entries as necessary to report the required information.
The Schedule G consists of three parts. Part I of the Schedule
G reports any loans or fixed income obligations in default or
determined to be uncollectible as of the end of the plan year.
Part II of the Schedule G reports any leases in default or
classified as uncollectible. Part III of the Schedule G reports
nonexempt transactions.
obligations are considered uncollectible when payment has not
been made and there is little probability that payment will be
made. A fixed income obligation has a fixed maturity date at a
specified interest rate.
Do not report in Part I participant loans under an individual
account plan with investment experience segregated for each
account, that are made in accordance with 29 CFR 2550.408b1, and that are secured solely by a portion of the participant‘s
vested accrued benefit. Report all other participant loans in
default or classified as uncollectible on Part I, and list each such
loan individually.
Part II – Leases in Default or Classified as
Uncollectible
List any leases in default or classified as uncollectible. A lease
is an agreement conveying the right to use property, plant, or
equipment for a stated period. A lease is in default when the
required payment(s) has not been made. An uncollectible lease
is one where the required payments have not been made and
for which there is little probability that payment will be made.
Provide, on a separate attachment, an explanation of what
steps have been taken or will be taken to collect overdue
amounts for each lease listed and label the attachment
―Schedule G, Part II – Overdue Lease Explanation.‖
Specific Instructions
Part III – Nonexempt Transactions
Lines A, B, C, and D. This information must be the same as
reported in Part II of the Form 5500 to which this Schedule G is
attached.
Do not use a social security number in Line D in lieu of an
EIN. The Schedule G and its attachments are open to public
inspection, and the contents are public information and are
subject to publication on the internet. Because of privacy
concerns, the inclusion of a social security number or any
portion thereof on this Schedule G or any of its attachments
may result in the rejection of the filing.
You can apply for an EIN from the IRS online, by telephone,
by fax, or by mail depending on how soon you need to use the
EIN. For more information, see Section 3: Electronic Filing
Requirement under General Instructions to Form 5500. The
EBSA does not issue EINs.
All nonexempt party-in-interest transactions must be reported,
regardless of whether disclosed in the accountant‘s report,
unless the nonexempt transaction is:
1. Statutorily exempt under Part 4 of Title I of ERISA;
2. Administratively exempt under ERISA section 408(a);
3. Exempt under Code sections 4975(c) or 4975(d);
4. The holding of participant contributions in the employer‘s
general assets for a welfare plan that meets the conditions of
ERISA Technical Release 92-01;
5. A transaction of a 103-12 IE with parties other than
the plan; or
6. A delinquent participant contribution or a delinquent
participant loan repayment reported on Schedule H, line 4a.
Nonexempt transactions with a party-in-interest include
any direct or indirect:
A. Sale or exchange, or lease, of any property between the
plan and a party-in-interest.
B. Lending of money or other extension of credit between the
plan and a party-in-interest.
C. Furnishing of goods, services, or facilities between the plan
and a party-in-interest.
D. Transfer to, or use by or for the benefit of, a party-ininterest, of any income or assets of the plan.
E. Acquisition, on behalf of the plan, of any employer security
or employer real property in violation of ERISA section 407(a).
F. Dealing with the assets of the plan for a fiduciary‘s own
interest or own account
G. Acting in a fiduciary‘s individual or any other capacity in
any transaction involving the plan on behalf of a party (or
represent a party) whose interests are adverse to the
interests of the plan or the interests of its participants or
beneficiaries.
H. A receipt of any consideration for his or her own personal
account by a party-in-interest who is a fiduciary from any
party dealing with the plan in connection with a transaction
involving the income or assets of the plan.
For purposes of this form, party-in-interest is deemed to
include a disqualified person. See Code section 4975(e)(2).
The term ‗‗party-in-interest‘‘ means, as to an employee benefit
plan:
Part I – Loans or Fixed Income Obligations in Default
or Classified as Uncollectible
List all loans or fixed income obligations in default or determined
to be uncollectible as of the end of the plan year or the fiscal
year of the GIA, MTIA, or 103-12 IE. Include:
Obligations where the required payments have not been
made by the due date;
Fixed income obligations that have matured, but have not
been paid, for which it has been determined that payment will
not be made; and
Loans that were in default even if renegotiated later during
the year.
Note. Identify in element (a) each obligor known to be a partyin-interest to the plan.
Provide, on a separate attachment, an explanation of what
steps have been taken or will be taken to collect overdue
amounts for each loan listed and label the attachment
―Schedule G, Part I – Overdue Loan Explanation.‖
The due date, payment amount, and conditions for
determining default in the case of a note or loan are usually
contained in the documents establishing the note or loan. A loan
is in default when the borrower is unable to pay the obligation
upon maturity. Obligations that require periodic repayment can
default at any time. Generally loans and fixed income
Instructions for Schedule H (Form 5500)
-31-
Deleted: 2012
Deleted: See Schedule H (Form 5500) lines
4b, 4c, and/or 4d.
A. Any fiduciary (including, but not limited to, any
administrator, officer, trustee or custodian), counsel, or
employee of the plan;
B. A person providing services to the plan;
C. An employer, any of whose employees are covered by the
plan;
D. An employee organization, any of whose members are
covered by the plan;
E. An owner, direct or indirect, of 50% or more of: (1) the
combined voting power of all classes of stock entitled to vote
or the total value of shares of all classes of stock of a
corporation, (2) the capital interest or the profits interest of a
partnership, or (3) the beneficial interest of a trust or
unincorporated enterprise that is an employer or an employee
organization described in C or D;
F. A relative of any individual described in A, B, C, or E;
G. A corporation, partnership, or trust or estate of which (or in
which) 50% or more of: (1) the combined voting power of all
classes of stock entitled to vote or the total value of shares of
all classes of stock of such corporation, (2) the capital interest
or profits interest of such partnership, or (3) the beneficial
interest of such trust or estate is owned directly or indirectly,
or held by, persons described in A, B, C, D, or E;
H. An employee, officer, director (or individual having powers
or responsibilities similar to those of officers or directors), or a
10% or more shareholder, directly or indirectly, of a person
described in B, C, D, E, or G, or of the employee benefit plan;
or
I. A 10% or more (directly or indirectly in capital or profits)
partner or joint venture of a person described in B, C, D, E, or
G.
An unfunded, fully insured, or combination
unfunded/insured welfare plan with 100 or more
participants exempt under 29 CFR 2520.104-44 from
completing Schedule H must still complete Schedule G, Part III,
to report nonexempt transactions.
A plan that is required to file a Form M-1, Report for Multiple
Employer Welfare Arrangements (MEWAs) and Certain Entities
Claiming Exception (ECEs), but that is not required to file the
Schedule I because it has fewer than 100 participants and
meets the requirements of 29 CFR 2520.104-44, also must
complete Schedule G, Part III, to report nonexempt
transactions.
If you are unsure whether a transaction is exempt or not, you
should consult with either the plan‘s independent qualified public
accountant or legal counsel or both.
You may indicate that an application for an administrative
exemption is pending.
If the plan is a qualified pension plan and a nonexempt
prohibited transaction occurred with respect to a disqualified
person, an IRS Form 5330, Return of Excise Taxes Related to
Employee Benefit Plans, is required to be filed with the IRS to
pay the excise tax on the transaction.
The DOL Voluntary Fiduciary Correction Program (VFCP)
describes how to apply, the specific transactions covered (which
transactions include delinquent participation contributions to
pension and welfare plans), and acceptable methods for
correcting violations. In addition, applicants that satisfy both the
VFCP requirements and the conditions of Prohibited
Transaction Exemption (PTE) 2002-51 are eligible for
immediate relief from payment of certain prohibited excise taxes
for certain corrected transactions, and are also relieved from the
obligation to file the Form 5330 with the IRS. For more
information, see 71 Fed. Reg. 20261 (Apr. 19, 2006) and 71
Fed. Reg. 20135 (Apr. 19, 2006). If conditions of PTE 2002-51
are satisfied, corrected transactions should be treated as
exempt under Code section 4975(c) for the purposes of
answering Schedule G, Part III. Information about the VFCP is
also available on the internet at www.dol.gov/ebsa.
2013 Instructions for Schedule H
(Form 5500)
Financial Information
General Instructions
Section Break (Continuous)
¶
¶
¶
¶