Retirement plans must file Form 5500 or Form 5500-EZ PDF annually unless they are covered under one of the exceptions in the instructions to the forms. Distributions from the plan must be reported to the IRS on Form 1099-R PDF. Participants must receive periodic statements of their account balance/benefits.
The plan must make it impossible for its assets to be used for or diverted to, purposes other than the benefit of employees and their beneficiaries. As a general rule, the assets cannot be diverted to the employer.
Administrators of ERISA-covered welfare benefit plans are required to file an annual Form 5500, unless a reporting exemption applies.
ERISA requires a plan administrator to furnish copies of the summary plan description, Form 5500, bargaining agreement, trust agreement, contract, or other instruments under which the plan is established or operated, to a participant within 30 days after the participant's written request.
Basic ERISA compliance requires employers provide notice to participants about plan information, their rights under the plan, and how the plan is funded. This includes ensuring plans comply with ERISA's minimum standards, recordkeeping, annual filing and reporting, and fiduciary compliance.
A qualified retirement plan refers to employer-sponsored retirement plans that satisfy requirements in the Internal Revenue Code for receiving tax-deferred treatment. Most retirement plans offered by employers qualify including defined contribution plans like 401k plans and defined benefit plans like pensions.
If your employer deducted retirement contributions from your paycheck throughout the year for an employer-sponsored retirement plan, your taxable income on Form W-2 will reflect that deduction already. You don't need to take a deduction elsewhere on your return.
ERISA and the Code require each retirement plan to file Form 5500 by the end of the seventh month after the end of each plan year (extensions of time are available) unless the DOL and the IRS have granted an exemption to this requirement.
Key Takeaways. Most employer-sponsored plans, such as 401(k)s, fall under ERISA. Government employee plans are not covered by ERISA.
The plan document should contain: Name of the plan administrator. Designation of any named fiduciaries other than the plan administrator under the claims procedure for deciding benefit appeals. A description of the benefits provided. The standard of review for benefit decisions.