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2011 EMPLOYEE BENEFIT PLAN COMPLIANCE CALENDAR
(For Calendar Year Plans)



January
January 31
Form 1099R due to participants to report 2010 distributions.
January 31
Form 945 due to IRS to report income taxes withheld on participant distributions (due February 10 if taxes for the year were deposited in full and on time). Note: Many third-party administrators also require participant data by January 31 to perform compliance testing such as ADP/ACP and Top Heavy tests.

February
February 14
Defined contribution plan benefit statements for 4th quarter.
February 28
Form 1099R due to IRS for 2010 distributions.
February 28
PBGC Form 1-ES Estimated Premium Payment (flat rate premium for plans with >500 participants). Note: This is due by the last day of the second month in the premium payment year.

March
March 15
Corrective distributions of excess contributions and earnings due to participants if the plan has failed either the ADP or ACP tests. (Excess distributions may be distributed as late as December 31, but a 10% excise tax will apply after March 15.)
March 15
Application of Waiver for Minimum Funding Standard for defined benefit and money purchase pension plans (due no later than the 15th day of the third month after the close of the plan year for which the waiver is requested).
March 15
Employer profit-sharing and match contributions due, in order to take tax deduction for 12/31 fiscal year-end, to plans sponsored by C-Corps and S-Corps (unless employer tax return is extended).
March 31
Electronic filing of Forms 1099R due to IRS for 2010 distributions.

April
April 1
Initial Minimum Required Distributions due to participants (terminated and 5% owners) who turned age 70½ in 2010. Distributions due by December 31 each year thereafter.
April 15
Distributions of excess 402(g) deferral amounts due to participants.
April 15
Employer profit-sharing and match contributions due, in order to take tax deduction for 12/31 fiscal year-end, to plans sponsored by Partnerships and Sole Proprietorships (unless employer tax return is extended).
April 30*
Annual Funding Notice for defined benefit plans (due 120 days after the close of the plan year). Note: For small plans with fewer than 100 participants, notice may be deferred until the Form 5500 is filed.

May
May 15*
Defined contribution plan benefit statements for 1st quarter.

June
June 30
11-K filings due for plans sponsored by publicly traded companies.

July
July 29
Summary of Material Modifications due to participants for prior plan year (due 210 days after plan year-end).
July 31*
Distribution Confirmation Report or Notice of Distributions to terminated vested participants listed on Schedule SSA of Form 5500 due (due same date as Schedule SSA Form 5500, with extensions).
July 31*
Form 5330 due to the IRS to report excise taxes related to employee benefit plans.
July 31*
Form 5500 due to IRS for plans with 12/31 plan year-end (due seven months after plan year-end). A 2½-month automatic extension is available by filing Form 5558. Note: Form 5558 can be used to request an extension to file Forms 5500 and 5330.

August
August 14*
Defined contribution plan benefit statements for 2nd quarter.

September
September 15
Deadline for 2010 contribution for money purchase pension, target benefit, and defined benefit plans (8½ months after plan year-end) and 2010 employer profit-sharing and match contributions for those sponsors who filed a corporate tax extension.
September 30
Summary Annual Report due to participants for 12/31 year-end plans (due to participants nine months after plan year-end). Note: Not required for defined benefit plans.
September 30
Notice to participants in underfunded defined benefit plans for which the PBGC Variable Rate Premium is due (i.e., no later than two months after deadline for Form 5500).

October
October 2*
Annual 401(k) Plan Safe Harbor Notice (must be provided between October 2 and December 1).
October 15*
Extended due date of Form 5500 (if Form 5558 was filed).
October 15*
PBGC Form-1 Annual Premium Payment (due by the 15th day of the 10th full month following the month in which the plan year ended; Schedule A—Single Employer Plan Variable Rate Portion of Premium and PBGC Form 1-EZ for flat rate premiums also due).
October 15*
Form 5310-A due to IRS to give notice of election to designate Qualified Separate Lines of Business.

November
November 14
Defined contribution plan benefit statements for 3rd quarter.

December
December 1
Annual 401(k) and 403(b) plan Safe Harbor Notice (must be provided between October 2 and December 1).
December 1
Annual Qualified Default Investment Alternative Notice for defined contribution plans with participant-directed investments.
December 1 Annual Automatic Enrollment Notice for 401(k) plans with automatic enrollment.
December 31* Age 70½ Required Minimum Distributions due to participants who have started receiving distributions (ongoing).

*Date falls on a weekend or holiday.


DISCLAIMER
The information in this Compliance Calendar is for general informational purposes only and does not cover all special requirements that may apply in a particular year due to an extraordinary event (e.g., plan termination or benefit cutbacks). It is being presented without any representation or warranty whatsoever, including as to the accuracy or completeness of the information. As with all matters involving legal interpretation, clients should rely on their attorneys for legal advice on questions of specific application to their plans.


 
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