News Archive

"In this article [the authors] explain why postmarks matter to retirement plans, clarifications in the final rule, and what plan administrative changes may be needed to ensure mail is timely postmarked, and [they] list the operational items plan sponsors and their advisors may need to review and potentially adjust going forward."  MORE >>

"HR 7362, the Form 5500 Filing Simplification Act ... would extend the deadline for filing the form by almost three months.... This effectively would mean that the deadline for calendar-year plans to file the Form 5500 would be Oct. 15, not the current July 31."  MORE >>

"[I]ndividuals and businesses in the State of Montana affected by severe storms and flooding that began on Dec. 10, 2025 ... now have until May 1, 2026, to file various federal individual and business tax returns and make tax payments.... [I]ndividuals and households that reside or have a business in the Blackfeet Indian Reservation, Lincoln, and Sanders counties qualify for tax relief."  MORE >>

"The penalty for failing to file a Form M-1 is almost as severe as the penalty for failing to file a Form 5500, at a rate of $1,992 per day in penalty fees.... MEWAs and Entities Claiming Exception required to file Form M-1 are now eligible to correct late filings under [DFVCP].... For self-insured plans, many states also have filing and approval requirements as well as requirements to keep a reserve with the state's Department of Insurance."  MORE >>

"In FY 2025, EBSA closed 878 civil investigations. Of those, 556 investigations (63 percent) produced monetary results for plans or other corrective action, for a total of $714.4 million recovered.... In FY 2025, [EBSA] obtained 297 non-monetary civil corrections, including: [1] removing 15 fiduciaries, [2] barring 24 individuals from serving as fiduciaries, [3] appointing 18 fiduciaries, [4] improving missing participant procedures for 49 plans, and [5] implementing 61 global corrections across multiple ERISA-covered health plans."  MORE >>

"The Paperwork Burden Reduction Act gives employers new flexibility in how they distribute Forms 1095-B and 1095-C. Instead of sending forms to everyone, employers can use an alternative furnishing method, providing the forms only upon request -- as long as IRS requirements are met."  MORE >>

"Comments are invited on: [1] Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; [2] the accuracy of the agency's estimate of the burden of the collection of information; [3] ways to enhance the quality, utility, and clarity of the information to be collected; [4] ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and [5] estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information.... There is no change to the previously approved information collection."  MORE >>

"The DFVCP was introduced in 1995 in an effort to allow plan administrators to correct delinquent Form 5500 filings for a significantly lower cost than if the DOL discovered the non-compliance first.... The new rules expand the types of entities that can use the DFVCP beyond just employer plans filing the Form 5500. The DFVCP can now also be used by multiple employer welfare arrangements (MEWAs) and Entities Claiming Exception (ECEs)."  MORE >>

"Employers should review their mail-dependent processes now and consider: [1] building additional lead time into mailing schedules for deadline-sensitive documents, [2] requesting manual postmarks at retail locations for time-critical mailings, or [3] transitioning to electronic delivery where legally permissible."  MORE >>

"Requirement to report ... Electronic delivery requirements ... Format of statement/return ... Unique account numbers ... Electronic submission of IRS returns ... Submission through FIRE ... Submission through IRIS ... Internal Revenue Code penalties for non-compliance ... Disqualifying disposition of ISO shares ... Disposition of ESPP stock."  MORE >>

"This is welcome news because in the past, there was no procedure or relief for MEWAs to file a late Form M-1 under a voluntary compliance program. However, it is not uncommon for a health plan to be (or become) an 'inadvertent MEWA,' either because the various employers involved were related but not in the same controlled group or because of a change in their controlled group status, e.g. in an M&A transaction."  MORE >>

This 50 page guide is organized by plan type, regardless of agency: [1] All plans; [2] Health and welfare plans; [3] All retirement plans; [4] DB retirement plans; [5] DC retirement plans.  MORE >>

Fillable PDF, rev. Oct. 30 2025; pub. Jan. 15, 2026.  MORE >>

Dec. 30, 2025. "Use Form 8955-SSA to report information relating to each participant who separated from service covered by the plan and is entitled to a deferred vested benefit under the plan but is not paid this retirement benefit[.]"  MORE >>

"Recently finalized rules from the United States Postal Service seek to clarify that the date on a postmark does not 'necessarily represent either the place at which, or the date on which, the Postal Service first accepted possession of the mailpiece' ... [T]axpayers filing tax returns and other tax documents by traditional first-class mail, and to which a filing deadline applies, should adjust by mailing the document earlier, requesting and obtaining a manual postmark at a retail counter at the time of mailing, and/or obtaining a certificate of mailing at such time. Failing to do so runs the risk that a return, payment, or other document that is timely turned over to USPS will be postmarked after the filing or due date, with associated and sometimes significant financial consequences. "  MORE >>

Rev. Dec. 2025. For excise taxes under sections 4965, 4971, 4972, 4973(a)(3), 4975, 4976, 4977, 4978, 4979, 4979A, 4980, and 4980F of the Internal Revenue Code.   MORE >>

"Note that some references in the DFVC Program expansion notice could cause confusion -- for example, it mentions filing Form M-1 using EFAST, but Form M-1 is actually filed through its own Online Filing System. Similarly, the notice indicates that payment is to be made through 'gov.pay' rather than pay.gov. Fortunately, the information on the DFVC Program webpage seems to be more accurate."  MORE >>

"Besides making routine revisions for dates, cross-references and citations to other revenue procedures, Rev. Proc. 2026-4 includes an update regarding refunds of user fees, clarification of the electronic filing requirement for all Form 5300 series determination letter requests and increases in certain user fees."  MORE >>

"The 2025 forms are largely the same as the 2024 versions, but include the following new defined benefit (DB) plan characteristic codes on Line 8a of Form 5500: [1] 1G for a plan using a variable annuity benefit formula ... [2] 1J for a PBGC-covered multiemployer plan that terminated by mass withdrawal; [3] 1K for a PBGC-covered multiemployer plan that terminated by plan amendment; [4] 1L for a PBGC-covered multiemployer plan that was insolvent as of the end of the plan year."  MORE >>

"According to Internal Revenue Code Section 7502, when you mail a tax form, payment, or other document, the date shown on the USPS postmark is considered the date your item was received by the required entity ... However, in light of the new way the USPS processes mail, the postmark date might actually be after the day you gave your item to the USPS. This means your document could be considered sent later than you expected, depending on when it gets processed and stamped. As year-end contribution and reporting deadlines approach, those still using the USPS and relying on a postmark date as proof of timely contribution, delivery, or filing should be aware of these developments."  MORE >>

"The types of entities eligible for the program [have] been expanded to include multiple employer welfare arrangements (MEWAs) and Entities Claiming Exception (ECEs) seeking to file a late Form M-1.... DOL is also updating the process for the assessment of the flat rate penalty for top hat and apprenticeship and training plans."  MORE >>

"Following a review of the DFVC Program, as modified in 2002 and 2013, the Department has determined to expand the penalty relief to plan MEWAs, non-plan MEWAs, and ECEs who are required to file the Form M-1.... The Department, to encourage voluntary compliance with ERISA's reporting requirements, is extending to plan and non-plan MEWAs and ECEs that are required to file Form M-1 the same $750 maximum penalty amount currently available to small plans filing a late Form 5500, and to filers of apprenticeship and training plans and top hat plans. In addition, top hat and apprenticeship plans will no longer be directed to the DFVC payment calculator. All plans eligible to pay a flat $750 fee will follow a link to a gov.pay site.... The DFVC Program described herein shall be effective December 19, 2025."  MORE >>

"[I]ndividuals and businesses in the State of Washington affected by severe storms, straight-line winds, flooding, landslides, and mudslides that began on Dec. 9, 2025 ... now have until May 1, 2026, to file various federal individual and business tax returns and make tax payments.... [I]ndividuals and households that reside or have a business in Benton, Chelan, Clallam, Grays Harbor, Jefferson, King, Kittitas, Lewis, Mason, Pierce, Samish, Skagit, Snohomish, Thurston, Wahkiakum, Whatcom, and Yakima counties qualify for tax relief."  MORE >>

"Of interest for 401(k) plans and health and welfare plans is a clarification regarding reporting of delinquent participant contributions on Schedule DCG, Schedule H, or Schedule I, as applicable.... References to the Voluntary Fiduciary Correction Program have been updated to reflect the most recent version (issued in early 2025). ... Other changes relate to defined benefit plans."  MORE >>

EBSA, IRS and DOL have released informational copies of the 2025 Form 5500, Form 5500-SF, IRS Form 5500-EZ, IRS Form 5558 and related instructions online. The IRS will release paper copies of Form 5500-EZ and instructions for 2025 separately on its website after Jan. 1, 2026.

• Form 5500 Annual Return/Report of Employee Benefit Plan | Instructions
• Form 5500-SF Annual Return/Report of Small Employee Benefit Plan | Instructions
• Form 5500-EZ Annual Return of a One-Participant Retirement Plan or a Foreign Plan | Instructions
• Schedule A - Insurance Information
• Schedule C - Service Provider Information
• Schedule D - DFE/Participating Plan Information
• Schedule DCG - Individual Plan Information
• Schedule G - Financial Transaction Schedules
• Schedule H - Financial Information
• Schedule I - Financial Information - Small Plan
• Schedule MB - Multiemployer Defined Benefit Plan and Certain Money Purchase Plan Actuarial Information
• Schedule MEP - Multiple-Employer Retirement Plan Information
• Schedule R - Retirement Plan Information
• Schedule SB - Single-Employer Defined Benefit Plan Actuarial Information
• Form 5558 - Application for Extension of Time To File Certain Employee Plan Returns

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