DOL Reporting Requirements for Multiple Employer Plans Subject to ERISA Section 103(g)

Document Excerpt

This Field Assistance Bulletin provides guidance and temporary penalty relief related to certain Form 5500 Annual Return/Report requirements for multiple employer plans (MEPs) subject to Title I of the Employee Retirement Income Security Act of 1974, as amended (ERISA). In particular, MEPs have a statutory obligation under section 103(g) of ERISA to file complete and accurate lists of participating employers with their Forms 5500, as part of a public reporting system. The Employee Benefits Security Administration (EBSA), in the course of its ongoing annual reporting compliance efforts, found that a substantial number of MEP filers were not in full compliance with this reporting obligation. While EBSA expects full compliance with these reporting obligations on a prospective basis, this Bulletin gives transition relief for MEPs that have failed to file a complete and accurate list of participating employers with their Form 5500
for the 2017 plan year and before, as set forth below. The guidance in this Bulletin relates solely to civil penalties for Form 5500 reporting obligations under Title I of ERISA; it does not address any other issue under ERISA or any obligations under the Internal Revenue Code.

Link
https://www.dol.gov/sites/dolgov/files/EBSA/employers-and-advisers/guidance/field-assistance-bulletins/2019-01.pdf

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