Retirement Plan Compliance Filings

The filings and follow-through that keep a retirement plan compliant — Form 5500, 8955-SSA, 5330, forfeitures, SECURE 2.0, and PBGC basics.

When is Form 5500 due for a retirement plan?

Form 5500 is due the last day of the seventh month after the plan year ends — July 31 for calendar-year plans — with an extension to October 15 available via Form 5558. Nearly all ERISA retirement plans file; small plans may qualify for the simplified 5500-SF.

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What is Form 8955-SSA?

Form 8955-SSA reports separated participants who still have vested benefits in the plan, so the Social Security Administration can later remind them. It's filed with the IRS on the Form 5500 schedule, and chronic non-filing is a common cleanup item in plan audits.

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What is Form 5330 and when does an employer file it?

Form 5330 reports and pays excise taxes on prohibited transactions and certain plan failures — most commonly the tax on late deposits of employee 401(k) deferrals. If participant contributions weren't deposited timely, correction typically includes lost earnings plus a Form 5330 filing.

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How can a 401(k) plan use forfeitures?

Forfeitures — nonvested employer contributions left behind by departing employees — must be used as the plan document directs — typically to pay reasonable plan expenses, reduce future employer contributions, or be reallocated to participants, and generally within the year they arise or the following year.

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What does the PBGC do and which plans pay premiums?

The Pension Benefit Guaranty Corporation insures private-sector defined benefit pensions, guaranteeing basic benefits if a plan fails. Covered single-employer DB plans pay annual per-participant flat-rate premiums plus variable-rate premiums on underfunding; 401(k) and other DC plans are not covered.

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Put these answers to work

Fiduciary In A Box walks your team through every one of these requirements step by step — documenting decisions, organizing files, and keeping your plan compliant year-round.

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