What to Report

For nonqualified plans

Institutions with 403(b) plans are required to file Form 5500 for their plans each year.

The deadline is seven months after the end of the plan year (July 31 for calendar year plans). But Form 5500 filings for 403(b) plans do not require completion of any of the 13 schedules that sponsors of qualified plans must fill out to provide detailed financial, insurance and nondiscrimination information.

Administrators of 403(b) plans need only complete Part I and Part II, lines 1 through 5, and 8 (enter pension feature code 2L, 2M, or both). They are not required to engage an independent qualified public accountant, or attach an accountant's opinion to the Form 5500.

You don't have to file a Form 5500 for your plan if it is:

• A governmental plan
• An exempt church plan
• A TDA plan exempt from ERISA under DOL regulation 2510.3-2(f), because:
  • participation is completely voluntary,
  • several companies' investment options are offered,
  • employer involvement is limited to administering salary reduction agreements,
  • the annuity companies are permitted to publicize their products to employees,
  • all rights under the contracts are enforceable only by the participant, and
  • the employer is not compensated for performing administrative duties.

For qualified plans

Qualified retirement plans such as 401(a), 403(a) and 401(k) plans are required to file an annual report of their financial standing, investments and operations with the Department of Labor if the plans are subject to ERISA. Plan sponsors can satisfy this requirement by completing and filing Form 5500, along with the applicable Schedules, for each plan in effect.

Required Schedules vary depending upon the plan and its size. The information below provides a general guide to the Schedules you may need to file. See How to Complete Form 5500 for information on what is considered a large or a small plan, as well as the 80-120 participant rule and the short plan year rule.

You may contact the Administrator Telephone Center at 1 888 842-7782 to discuss specific filing requirements for your plans.

Schedules for Small Plans

100 or Fewer Participants at Plan-Year Beginning
Attachments to Form 5500

• Schedule A: Insurance Information
• Schedule D: DFE/Participating Plan Information as a participating plan if the plan offers the TIAA Real Estate Account as a funding option
• Schedule I: Financial Information — Small Plan
• Schedule R: Retirement Plan Information
• Schedule SSA: Annual Registration Statement Identifying Separated Participants With Deferred Vested Benefits
• Schedule T: Qualified Pension Plan Coverage Information

Schedules for Large Plans

100 or Greater Participants at Plan-Year Beginning
Attachments to Form 5500

• Schedule A: Insurance Information
• Schedule C: Service Provider Information
• Schedule D: DFE/Participating Plan Information as a participating plan if the plan offers the TIAA Real Estate Account as a funding option
• Schedule G: Financial Transaction Schedule
• Schedule R: Retirement Plan Information
• Schedule SSA: Annual Registration Statement Identifying Separated Participants With Deferred Vested Benefits
• Schedule T: Qualified Pension Plan Coverage Information

While plan administrators are not required to automatically file summary plan descriptions (SPDs) and summaries of material modifications (SMMs) with the Department of Labor, plan administrators of employee benefit plans covered by ERISA are required to provide the DOL, on request, any documents relating to the employee benefit plan.

These documents include but are not limited to:

• The latest updated SPD, including any summaries of material modifications to the plan or changes in the information required to be included in the summary plan description;
• Any other document described in ERISA Section 104(b)(4) such as documents a plan administrator has refused to provide to a plan participant or beneficiary, including the latest annual report, any terminal report, the bargaining agreement, trust agreement, contract, or other instruments under which the plan is established and operated.

The Department of Labor requires plan administrators to provide these plan documents to the DOL within 30 days of a DOL request.

Failure to do so could result in penalties of $100 per day, up to a maximum of $1,000.