REPORTING & DISCLOSURE CALENDAR FOR BENEFIT PLANS ppt

Requirements Introduced by the Affordable Care Act ACA1ITEM & DESCRIPTION Disclosure of “Grandfather” Status2— 26 Code of Federal Regulations CFR §54.9815-1251Ta2, 29 CFR §2590.715-1251a

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TABLE OF CONTENTS

REQUIREMENTS INTRODUCED BY THE AFFORDABLE CARE ACT (ACA)

Disclosure of “Grandfather” Status 1

Disclosure of Patient Protections: Choice of Providers 1

Early Retiree Reinsurance Program (ERRP) Notice 1

Notice of Waiver of Annual Limit Requirement 2

Summary of Benefits and Coverage (SBC) 2

Notice of Plan Changes 2

Notice of Rescission 3

DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS) REQUIREMENTS Health Insurance Portability and Accountability Act (HIPAA) Notice of Privacy Practices for Protected Health Information (PHI) 3

Breach Notification for Unsecured PHI under HITECH Act 3

Notice of Creditable Coverage 4

Creditable Coverage Disclosure Notice to Centers for Medicare & Medicaid Services (CMS) 4

Application for Retiree Drug Subsidy (RDS) & Attestation of Actuarial Equivalence 4

Medicare Secondary Payer (MSP) Data Reporting Requirements under Medicare, Medicaid and State Children’s Health Insurance Program (CHIP) Extension Act of 2007 5

DEPARTMENT OF LABOR (DOL) REQUIREMENTS Summary Plan Description (SPD) 5

Summary of Material Modifications (SMM) 5

Summary Annual Report 6

Plan Documents 6

Periodic Benefit Statements 6

Annual Funding Notice 7

Notice of Failure to Meet Minimum-Funding Standard 7

Intranet Posting of Defined Benefit Plan Actuarial Information 7

Notice of Availability of Investment Advice 8

Blackout Period Notification 8

Disclosure of Plan Fees and Expenses 8

Section 404(c) Disclosures 9

Summary of Material Reduction in Covered Services or Benefits 9

Women’s Health and Cancer Rights Act (WHCRA) Notices 9

Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA) Disclosure of Plan Benefits 9

CHIPRA Notice to Employees 10

Form M-1 10

INTERNAL REVENUE SERVICE (IRS) REQUIREMENTS Form 1099 MISC (Report of Miscellaneous Income) .10

Notice and Reminder of Election Regarding Withholding from Annuity and Pension Plan Payments 10

Form 1099R 11

Explanation of Rollover and Certain Tax Options 11

Form 8955-SSA (Annual Registration Statement Identifying Separated Participants with Deferred Vested Benefits) 11 Notice of Intent to Use Safe-Harbor Formula 11

Form W-2 (Wage and Tax Statement) 12

Form 990 & Form 990EZ (Annual Return of Organization Exempt from Income Tax) 12

Form 8928 (Return of Certain Excise Taxes Under Chapter 43 of IRC) 12

Continued on next page

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JOINT DOL/IRS REQUIREMENTS

Form 5500 Series (Annual Return/Report of Employee Benefit Plan) and Schedules 13

Form 5558 (Application for Extension of Time) 13

Notice to Separated Participants with Deferred Vested Benefits .13

Notice of Right to Defer Distribution and Consequences of Failure to Defer Distribution .14

Notice of Reduction in Future Accruals 14

Explanation of Qualified Joint and Survivor Annuity (QJSA) & Qualified Optional Survivor Annuity (QOSA) .14

Explanation of Qualified Preretirement Survivor Annuity (QPSA) 15

Notice of Benefit Limitations and Restrictions .15

Suspension of Benefits Notice 15

Notice of Right to Divest Employer Securities .16

Notice of Qualified Automatic Contribution Arrangement (QACA) & Eligible Automatic Contribution Arrangement (EACA) 16

Notice of Qualified Default Investment Alternative (QDIA) 16

Notice of Continuation of Health Coverage under Consolidated Omnibus Budget Reconciliation Act (COBRA) 17

Notice of Unavailability of Continuation Coverage under COBRA 17

Notice of Termination of Continuation Coverage 17

Notice of Insufficient Payment of COBRA Premium 17

HIPAA Certificate of Creditable Coverage 18

Notice of Special Enrollment Rights 18

General Notice of Preexisting Condition Exclusion 18

Individual Notice of Period of Preexisting Condition Exclusion 18

Notice of Coverage Relating to Hospital Length of Stay in Connection with Childbirth 19

Michelle’s Law 19

PENSION BENEFIT GUARANTY CORPORATION (PBGC) REQUIREMENTS PBGC Estimated Flat-Rate Premium Payment Filing 19

Comprehensive Premium Filing .19

PBGC Form 10-Advance (Advance Notice of Reportable Events) 20

PBGC Form 10 (Post-Event Notice of Reportable Events) .20

PBGC Financial and Actuarial Information Reporting 20

PBGC Form 200 (Notice of Failure to Make Required Contributions) 21

Substantial Cessation of Operations Notice 21

INTERACTIVE ONLINE VERSION OF THIS CALENDAR

An interactive online version of the 2013 Reporting & Disclosure Calendar for Benefit Plans is available on the

following page of Sibson’s website: http://www.sibson.com/publications-and-resources/rd-calendar/

The compliance content of the interactive version is identical to this PDF However, the information is

presented differently

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Requirements Introduced by the Affordable Care Act (ACA)1

ITEM & DESCRIPTION Disclosure of “Grandfather” Status2— 26 Code of Federal Regulations (CFR)

§54.9815-1251T(a)(2), 29 CFR §2590.715-1251(a)(2) & 45 CFR §147.140(a)(2)

A grandfathered plan must include a statement to that effect in any materials describing benefits provided under plan to alert participants and beneficiaries that certain consumer protections may not apply Model language is available from Department of Labor (DOL) See www.dol.gov/ebsa/healthreform

PLANS AFFECTED? Grandfathered group health plans

SENT TO/FILED WITH? Sent to participants and to beneficiaries receiving benefits No filing requirement

SENT BY? Plan administrator or health insurer

WHEN DUE? Effective for first plan year beginning on or after 9/23/10

ITEM & DESCRIPTION Disclosure of Patient Protections: Choice of Providers — 26 CFR §54.9815-2719AT(a)(4),

29 CFR §2590.715-2719A(a)(4) & 45 CFR §147.138(a)(4)

A non-grandfathered plan that requires designation of a primary care provider (PCP) must providenotice of right to choose a PCP, pediatrician or network provider specializing in obstetrical or gynecological care Notice must be included with summary plan description (SPD) or other description

of benefits Model language is available from DOL See www.dol.gov/ebsa/healthreform

PLANS AFFECTED? Non-grandfathered group health plans

SENT TO/FILED WITH? Sent to participants No filing requirement

WHEN DUE? Notice must be provided with SPD or other similar description of benefits

ITEM & DESCRIPTION Early Retiree Reinsurance Program (ERRP)3Notice

Notice that plan is participating in ERRP A required form notice is available from Department ofHealth & Human Services (HHS) See www.errp.gov/download/Notice_to_Plan_Participants.pdf

PLANS AFFECTED? Group health plans that are participating in ERRP

SENT TO/FILED WITH? Sent to participants and dependents receiving benefits under plan, not limited to early retirees

No filing requirementSENT BY? Plan sponsor

WHEN DUE? As soon as possible after plan sponsor receives first ERRP reimbursement May be sent before

reimbursement is received (e.g., in plan’s enrollment materials)

1 The ACA is the abbreviated name for the health care reform law, the Patient Protection and Affordable Care Act (PPACA), Public Law No 111-48, as modified by the subsequently enacted Health Care and Education Reconciliation Act (HCERA), Public Law No 111-52.

2 “Grandfathered plans” are those in existence when the ACA was enacted on 3/23/10, which have not made benefit or employee contribution changes that result in the loss of grandfather status.

3 ERRP provides reimbursement to participating employment-based plans for a portion of costs of health benefits for early retirees and early retirees’ spouses, surviving spouses and dependents Program was authorized in ACA.

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ITEM & DESCRIPTION Notice of Waiver of Annual Limit Requirement4

Group health plans that received a waiver or extension of a waiver of annual limit restrictionsunder ACA must provide a notice informing each participant that plan does not meet restrictedannual limits for essential benefits because it has received a waiver of requirement Notice mustinclude dollar amount of annual limit and benefits to which it applies It must be prominentlydisplayed in clear, conspicuous 14-point bold type on front of materials Model notice languageavailable from HHS must be used See http://cciio.cms.gov/resources/files/06162011_annual_limit_guidance_2011-2012_final.pdf Notice for stand-alone Health Reimbursement

Arrangement (HRA): http://cciio.cms.gov/resources/files/annual%20_limit_waivers_technical_instructions_update_081911.pdf

These plans also must submit an annual limit update, which is expected to include informationrequested on waiver extension form, but no guidance has been issued See http://cciio.cms.gov/resources/other/index.html#alw

PLANS AFFECTED? Group health plans that received a waiver or extension

SENT TO/FILED WITH? Sent to participants Annual limit update submitted electronically to Centers for Medicare &

Medicaid Services (CMS)SENT BY? Participant notice and annual limit update sent by plan sponsor

WHEN DUE? Participant notice by start of plan year Annual limit update by 12/31

ITEM & DESCRIPTION Summary of Benefits and Coverage (SBC) — ACA §1001(5) & 26 CFR §54.9815-2715, 29

CFR §2590.715-2715 & 45 CFR §147.200Plans must provide a summary, not to exceed four pages, of plan benefits coverage and cost-sharing arrangements, including exceptions, reductions, limitations and continuation

of coverage information This notice must be provided in addition to SPD requirement

PLANS AFFECTED? Group health plans and health insurance issuers

SENT TO/FILED WITH? Sent to participants and beneficiaries No filing requirement

WHEN DUE? For plans with open enrollment, first open enrollment period on or after 9/23/12 If no open

enrollment, first day of plan year that begins on or after 9/23/12 Thereafter, annually at reenrollment, prior to enrollment for new enrollees and within seven business days of a requestfrom a participant or beneficiary

ITEM & DESCRIPTION Notice of Plan Changes — ACA §1001(5) & 26 CFR §54.9815-2715(b), 29 CFR

§2590.715-2715(b) & 45 CFR §147.200(b)Plans must provide notice of any material modification in SBC

SENT BY? Plan administrator, health insurer or plan sponsor

WHEN DUE? If a health plan makes any material modification in any terms of plan that would affect content

of SBC that occurs other than in connection with a renewal or reissuance of coverage, plan

or issuer must provide notice of modification not later than 60 days prior to date on whichmodification will become effective

Requirements Introduced by the Affordable Care Act (Continued)

4 Prior to 9/22/11, plan sponsors could apply for a waiver of annual limit maximums on essential benefits if maximums would cause a significant increase in premiums

or decrease in benefits.

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Requirements Introduced by the Affordable Care Act (Continued)

ITEM & DESCRIPTION Notice of Rescission— 26 CFR §54.9815-2712T, 29 CFR §2590.715-2712 & 45 CFR §147.128

Plan must provide advance written notice of retroactive termination of coverage due to fraud

or intentional misrepresentation of material facts by participant

SENT BY? Plan administrator, health insurer or plan sponsor

WHEN DUE? Written notice must be provided at least 30 days before coverage may be rescinded

ITEM & DESCRIPTION Health Insurance Portability and Accountability Act (HIPAA) Notice of Privacy Practices for

Protected Health Information (PHI) — HHS Reg §164.520Notice to participants describing their rights, plan’s legal duties with respect to PHI and plan’suses and disclosures of PHI

PLANS AFFECTED? Group health plans

SENT BY? Plan administrator

WHEN DUE? At enrollment and within 60 days of a material revision to notice Every three years, plan must

notify covered individuals that a Notice of Privacy Practices is available and how to obtain it

ITEM & DESCRIPTION Breach Notification for Unsecured PHI under HITECH Act5— HHS Reg §164.400 et sequentia

Notice to participants with respect to unauthorized acquisition, access, use or disclosure ofunsecured PHI Notice must include description of what happened, description of informationinvolved, steps individuals should take to protect themselves from potential harm resulting frombreach, brief description of investigation and mitigation steps, and contact information.PLANS AFFECTED? Group health plans as well as other “covered entities” under HIPAA and their business associatesSENT TO/FILED WITH? Sent to each affected individual by first-class mail at individual’s last known address E-mail

permitted only if individual specifically authorizes Filed with HHS and prominent media outlets for breaches involving more than 500 individuals (contemporaneous with participantnotice) Filed with HHS annually for breaches involving fewer than 500 individuals

WHEN DUE? Within 60 days of discovery of breach

5 The HITECH Act, enacted as part of the American Recovery and Reinvestment Act of 2009, imposes notification requirements on covered entities, business associates, vendors of personal health records and related entities in the event of certain security breaches relating to PHI

Department of Health and Human Services (HHS) Requirements

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Department of Health and Human Services (HHS) Requirements (Continued)

ITEM & DESCRIPTION Notice of Creditable Coverage — 42 United States Code (USC) 1395w-113(b)(6) &

Public Health Service Act (PHSA) Reg §§423.56 & 423.884Written notice stating whether a group health plan’s prescription drug coverage is, on average,

at least as good as standard prescription drug coverage under Medicare Part D Model formsare available from CMS See www.cms.hhs.gov/creditablecoverage/

PLANS AFFECTED? Group health plans that provide prescription drug coverage to Part D-eligible individuals,

except with respect to individuals covered under a Part D planSENT TO/FILED WITH? Sent to participants and to beneficiaries eligible for Part D No filing requirement

SENT BY? Plan sponsor

WHEN DUE? Notice must be provided (1) prior to annual Part D open enrollment period (10/15/13–12/7/13);

(2) prior to individual’s initial enrollment period for Part D; (3) prior to effective date of coverage for any Part D-eligible individual who joins plan; (4) when plan no longer offers drug coverage or when coverage changes so it is no longer creditable; and (5) upon request

by individual If plan provides notice to all participants annually, CMS will consider #1 and #2

to be met “Prior to” means within past 12 months

ITEM & DESCRIPTION Creditable Coverage Disclosure Notice to Centers for Medicare & Medicaid Services (CMS)

— 42 USC 1395w-113(b)(6) & PHSA Reg §423.56(e)Written disclosure to CMS stating whether a group health plan's prescription drug coverage is,

on average, at least as good as standard prescription drug coverage under Medicare Part DPLANS AFFECTED? Group health plans that provide prescription drug coverage to Part D-eligible individuals,

except entities that contract with or become a Part D plan Plans approved for Retiree DrugSubsidy (RDS) are exempt from providing notice with respect to retirees for whom plan isclaiming subsidy

SENT TO/FILED WITH? No participant-reporting requirement Filed with CMS through online form

WHEN DUE? 60 days after beginning of plan year Also, within 30 days of termination of a plan’s prescription

drug coverage or after a change in creditable status of plan

ITEM & DESCRIPTION Application for Retiree Drug Subsidy (RDS) & Attestation of Actuarial Equivalence —

42 USC 1395w-132 & PHSA Reg §423.884RDS is available to group health plans that have retiree drug coverage that is actuarially equivalent

to Medicare Part D coverage Subsidy is available for each retiree (or spouse or dependent) who is eligible for, but not enrolled in Part D Application and attestation must be complete

by deadline below List of retirees for whom plan may receive a subsidy must also be submitted

in a timely manner to complete application Additional cost submissions are required to receivesubsidy payment along with a final reconciliation due 15 months after end of RDS plan year.PLANS AFFECTED? Group health plans that provide retiree drug coverage and are applying for RDS under

Medicare Modernization Act of 20036SENT TO/FILED WITH? No participant-reporting requirement Filed with CMS through online RDS system accessed

from www.rds.cms.hhs.gov

WHEN DUE? Subsidy application, initial retiree list and attestation must be submitted annually, at least 90 days

prior to start of plan year (e.g., for plan years beginning 4/1, new application and new attestation

must be completed by 1/1) Attestation must also be provided no later than 90 days before a material change to drug coverage that potentially causes plan to no longer be actuarially equivalent

6 Medicare Modernization Act of 2003 is an abbreviation used by CMS for Medicare Prescription Drug, Improvement and Modernization Act of 2003.

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Department of Health and Human Services (HHS) Requirements (Continued)

Department of Labor (DOL) Requirements

ITEM & DESCRIPTION Medicare Secondary Payer (MSP) Data Reporting Requirements under Medicare, Medicaid

and State Children’s Health Insurance Program (CHIP) Extension Act of 2007 — 42 USC

§1395y(b)(7)Report information about certain participants and beneficiaries who are also Medicare enrolleesfor purpose of enforcing MSP rules Penalty is $1,000 for each day of noncompliance Effective10/3/11 for HRA coverage that reflects an annual benefit level of $5,000 or more See

www.cms.gov/MandatoryInsRep/and Benefits/MandatoryInsRep/Downloads/HRACoverage.pdf

http://www.cms.gov/Medicare/Coordination-of-PLANS AFFECTED? Group health plans

SENT TO/FILED WITH? No participant-reporting requirement Filed with CMS

SENT BY? Insurers and third-party administrators (TPAs) For self-insured, self-administered group health

plans, plan administrator or plan fiduciaryWHEN DUE? All plans should already be registered and reporting

ITEM & DESCRIPTION Summary Plan Description (SPD) — Employee Retirement Income Security Act (ERISA) §§102

& 104(b), DOL Reg §§2520.102-2,3 & 2520.104b-2Summary of plan provisions and certain standard language as required by ERISAPLANS AFFECTED? All employee benefit plans subject to Title I of ERISA

SENT TO/FILED WITH? Sent to participants, retirees and beneficiaries No filing requirement See “Plan Documents”

on page 6SENT BY? Plan administrator

WHEN DUE? For new plans, 120 days after plan’s effective date; for amended plans, once every five years; for

all other plans, once every 10 years To new participants, within 90 days of becoming a participant;

to beneficiaries receiving benefits under pension plan, within 90 days after first receiving benefits

ITEM & DESCRIPTION Summary of Material Modifications (SMM) — ERISA §§102 & 104(b)(1) & DOL Reg

§2520.104b-3Summary of changes in any information required in SPD PLANS AFFECTED? All employee benefit plans subject to Title I of ERISA

SENT TO/FILED WITH? Sent to participants, retirees and beneficiaries, with certain exceptions for updates No filing

requirement See “Plan Documents” on page 6SENT BY? Plan administrator

WHEN DUE? Within 210 days after end of plan year in which modification is adopted unless a revised SPD

is distributed containing modification To new participants, within 90 days of becoming a participant; to beneficiaries, within 90 days after first receiving benefits

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Department of Labor (DOL) Requirements (Continued)

ITEM & DESCRIPTION Summary Annual Report — ERISA §104(b)(3) & DOL Reg §2520.104b-10

Narrative summary of financial information reported on Form 5500 (see “Form 5500 Series”

on page 13) and statement of right to receive annual report Model notice language is provided

in DOL Reg §2520.104b-10

PLANS AFFECTED? Employee benefit plans subject to Title I of ERISA, except for defined benefit (DB) plans subject

to Annual Funding Notice requirement and except as exempted in DOL Reg §2520.104b-10(g)SENT TO/FILED WITH? Sent to participants and beneficiaries No filing requirement

WHEN DUE? Generally, later of nine months after plan year ends or, where an extension of time for filing Form

5500 has been granted by Internal Revenue Service (IRS), two months after Form 5500 is due

ITEM & DESCRIPTION Plan Documents — ERISA §104(b)(2) & (4) & DOL Reg §2520.104b-1(b)(3)

Maintain and provide copies upon request of plan and trust instruments, most recent annualreport, SPD, any SMMs, any collective bargaining agreements and all contracts or other instruments under which plan is established or operated

PLANS AFFECTED? All employee benefit plans subject to Title I of ERISA

SENT TO/FILED WITH? Copies sent to participants and beneficiaries upon request No filing requirement, but must be

maintained at main office of plan administratorSENT BY? Plan administrator

WHEN DUE? Plan administrator must make available for inspection at principal office of administrator

Copies must be furnished within 30 days after a written request

ITEM & DESCRIPTION Periodic Benefit Statements — ERISA §105(a)

Statement informing participants of their accrued benefit at normal retirement age and, if notvested, when vesting will occur Must describe any permitted disparity or floor-offset provision.For individual account plans, must also note value of each investment DOL to provide amodel See Field Assistance Bulletins 2006-3 at www.dol.gov/ebsa/regs/fab_2006-3.htmland2007-03 at www.dol.gov/ebsa/regs/fab2007-3.html

PLANS AFFECTED? DB and defined contribution (DC) plans

SENT TO/FILED WITH? DC plans with participant-directed investments: Sent to participants and beneficiaries who may

direct investments DC plans without participant-directed investments: Sent to participants and beneficiaries with accounts DB plans: Sent to participants with vested benefits who are currently

employed by employer maintaining plan No filing requirementSENT BY? Plan administrator

WHEN DUE? DC plans with participant-directed investments: Within 45 days after close of each quarter

DC plans without participant-directed investments: Annually on or before date Form 5500 is filed

by plan (but in no event later than date, including extensions, on which Form 5500 is required to

be filed by plan) for plan year to which statement relates DB plans: Every three years, or provide

annual notice of availability of benefit statement A statement can be requested once each year.Under current guidance, statements are generally due within 45 days after close of plan year

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ITEM & DESCRIPTION Annual Funding Notice — ERISA §101(f)

Required notice that must contain certain identifying and funding information Required information includes: Funding Target Attainment Percentage (FTAP) for current and two preceding plan years; total assets (with credit balances) and liabilities for those three years;number of plan participants who are receiving benefits, are terminated vested participants

or are active participants; a statement of funding policy and asset allocation; and other information A model notice is available from DOL See Field Assistance Bulletin 2009-01 at

www.dol.gov/ebsa/regs/fab2009-1.htmland DOL Prop Reg §2520.101-5 at http://webapps.dol.gov/FederalRegister/PdfDisplay.aspx?DocId=24417 Section 40211(b) of MAP-21 requires information

on effect of segment rate stabilization on plan funding to be added to annual funding noticeand instructs DOL to revise its model notice accordingly

PLANS AFFECTED? DB plans

SENT TO/FILED WITH? Sent to participants, beneficiaries and participating unions Filed with Pension Benefit Guaranty

Corporation (PBGC)SENT BY? Plan administrator

WHEN DUE? Within 120 days after close of plan year; if 100 or fewer participants, at time of annual report

ITEM & DESCRIPTION Notice of Failure to Meet Minimum-Funding Standard — ERISA §101(d)

For employers that fail to make a required payment to meet minimum-funding standardsPLANS AFFECTED? DB plans and DC plans subject to funding requirement

SENT TO/FILED WITH? Sent to participants, beneficiaries and alternate payees No filing requirement

WHEN DUE? DOL regulations to prescribe time and manner for furnishing notice Until then DOL’s position

is “within a reasonable period of time after failure.” Failure occurs if required contributions arenot made within 60 days of due date

ITEM & DESCRIPTION Intranet Posting of Defined Benefit Plan Actuarial Information — ERISA §104(b)(5)

If a DB plan sponsor (or plan administrator on behalf of sponsor) maintains an intranet site(not public) for communicating with employees or participants, sponsor (or plan administrator)must post “identification and basic plan information and actuarial information” as filed inplan’s Form 5500 on that site

PLANS AFFECTED? Apparently only DB plans, but no guidance has been issued

SENT TO/FILED WITH? Notice of posting not currently required No filing requirement

SENT BY? Sponsor or plan administrator on behalf of sponsor

WHEN DUE? Unknown (guidance not yet issued) Based on deadline applicable to DOL for posting full Form

5500 on DOL website, within 90 days of Form 5500 filing date

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ITEM & DESCRIPTION Notice of Availability of Investment Advice — ERISA §§408(b)(14) & 408(g)(1) & DOL Reg

§2550.408g-1Required notice to participants and beneficiaries in DC plans with participant-directed investmentsregarding availability of any investment advice services Absent notice and compliance withother requirements, any transaction involving provision of investment advice may be a prohibited transaction Model notice language is provided as appendix to regulations See

http://www.gpo.gov/fdsys/pkg/FR-2011-10-25/pdf/2011-26261.pdf

PLANS AFFECTED? DC plans with participant-directed investments if plan sponsor wants to provide investment adviceSENT TO/FILED WITH? Sent to participants and beneficiaries No filing requirement

SENT BY? Fiduciary advisor

WHEN DUE? Before initial provision of information and annually thereafter with updates more often (if necessary)

ITEM & DESCRIPTION Blackout Period Notification — ERISA §101(i) & DOL Reg §2520.101-3

Advance notice of a period of more than three consecutive business days during which normalrights to direct investment of assets in accounts or obtain plan loans or distributions are restrictedPLANS AFFECTED? DC plans with participant-directed investments

SENT TO/FILED WITH? Sent to participants and to beneficiaries affected by blackout period No filing requirementSENT BY? Plan administrator

WHEN DUE? At least 30 days, but not more than 60 days, before beginning of a blackout period Notice

period can be shorter if a plan fiduciary determines that, due to events beyond plan administrator’s

control (e.g., a system outage), 30-day notice is not possible.

ITEM & DESCRIPTION Disclosure of Plan Fees and Expenses — ERISA §404(a) & DOL Reg §2550.404a-5

Required annual disclosure of specified plan information and specified investment-related information,quarterly statements of fees deducted from individual accounts and disclosure upon request forcertain specified investment-related information Required annual investment information must be

in form of a chart as specified in regulations A model disclosure chart is available as an appendix

to regulations See http://webapps.dol.gov/FederalRegister/PdfDisplay.aspx?DocId=24323

PLANS AFFECTED? DC plans with participant-directed investments

SENT TO/FILED WITH? Sent to participants, including employees who are eligible to participate, but who have not

actually enrolled, and to plan beneficiaries No filing requirementSENT BY? Plan administrator

WHEN DUE? Generally, required annual information must be provided on or before date participant or

beneficiary can first direct investments and annually thereafter Initial annual disclosure of planand investment-related information (including associated fees and expenses) for calendar-yearplans had to be furnished by 8/30/12 (60 days after later of 7/1/12 or first day of first plan year beginning after 11/1/11) First quarterly statement had to be furnished no later than

45 days after end of quarter during which initial disclosures were first required (11/14/12 for calendar-year plans)

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ITEM & DESCRIPTION Section 404(c) Disclosures — ERISA §404(a) & (c) & DOL Reg §2550.404c-1

Regulations under ERISA §404(c) require notice if plans want to limit fiduciary liability for participant and beneficiary investment decisions DOL’s new participant and fee regulationsunder §2550.404a-5 require all plans with participant direction to provide information thatpreviously only §404(c) plans had to provide (see “Disclosure of Plan Fees and Expenses” onpage 8) As a result, a §404(c) plan must make expanded §2550.404a-5 disclosures In addition,

a §404(c) plan, as before, must provide a participant with an explanation that plan is intended

to be a §404(c) plan and thus fiduciaries may be relieved of liability for losses resulting fromparticipant’s investment instructions

PLANS AFFECTED? DC plans with participant-directed investments that want protection under §404(c)

WHEN DUE? §2550.404a-5 disclosures are required as provided in “Disclosure of Plan Fees and Expenses,”

above Notice of intent to be a §404(c) plan must be provided before participant’s self-direction

ITEM & DESCRIPTION Summary of Material Reduction in Covered Services or Benefits — ERISA §104(b) & DOL

Reg §2520.104b-3(d)Summary description of modification or change that would be considered by average plan participant to be an important reduction in covered services or benefits

PLANS AFFECTED? Group health plans subject to Title I of ERISA

WHEN DUE? Not later than 60 days after adoption of modification or change, or at regular intervals of not

more than 90 days

ITEM & DESCRIPTION Women’s Health and Cancer Rights Act (WHCRA) Notices — ERISA §713

Description of benefits under WHCRA and any deductibles and coinsurance limits applicable

to such benefitsPLANS AFFECTED? Group health plans that provide for mastectomy benefits

WHEN DUE? Upon enrollment in plan and annually thereafter DOL has published sample language for both

enrollment notice and annual notice

ITEM & DESCRIPTION Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA) Disclosure of

Plan Benefits — ERISA §701(f)(3)(B)(ii)Required disclosure, upon request, of information about plan benefits to state Medicaid or CHIP

to allow states to evaluate an employment-based plan to determine whether premium reimbursement

is a cost-effective way to provide medical or child health assistance to an individualPLANS AFFECTED? Group health plans and health insurers

SENT TO/FILED WITH? No participant-reporting requirement Filed with requesting state

WHEN DUE? If requested by state Medicaid or CHIP program, provide within 30 days of date that request

was sent to plan

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