• Comply with Items on All Qualified Plans List: The items on the All Qualified Plans list also apply to Section 401(k) plans.
  • Provide Section 401(k)/401(m) Safe Harbor Notice by December 3, 2012 for Calendar Year Plans: As a reminder, if your plan has a Section 401(k)/401(m) contribution safe harbor, you must provide the safe harbor notice at least 30 days, but not more than 90 days, before the beginning of each plan year (i.e., December 3, 2012 for calendar year plans).
  • Provide Annual Automatic Enrollment Notice by December 3, 2012 for Calendar Year Plans: As a reminder, if your plan has an automatic contribution arrangement, an eligible automatic contribution arrangement (“EACA”), or a qualified automatic contribution arrangement (“QACA”), or any combination thereof, you must give an annual automatic enrollment notice at least 30 days, but not more than 90 days, before the beginning of each plan year (i.e., December 3, 2012 for calendar year plans).
  • Provide Annual Qualified Default Investment Alternative Notice by December 3, 2012 for Calendar Year Plans: If you are relying on the qualified default investment alternative (“QDIA”) safe harbor, you must give an annual notice at least 30 days, but not more than 90 days, before the beginning of each plan year (i.e., December 3, 2012 for calendar year plans).
  • Comply with Required Minimum Distribution Waiver for 2009:  The Worker, Retiree, and Employer Recovery Act of 2008 waived required minimum distributions (“RMDs”) for 2009. Plan sponsors must adopt conforming amendments by the last day of the first plan year beginning on or after January 1, 2011 to reflect the waiver of 2009 RMDs. See “IRS Issues Additional Guidance on the Waiver of 2009 Required Minimum Distributions” in our November 2009 Employee Benefits Update for more information.
  • Provide Participant Fee Disclosure Information: Under recently issued regulations, plans are required to provide information to participants regarding the plan and the plan’s investment options, including the fees and expenses associated with the designated investment options.  Plans were required to provide the initial disclosures to plan participants by August 30, 2012.  Plans also need to provide quarterly disclosures on the fees deducted from a participant’s account.  The first quarterly disclosure is due on November 14, 2012.  For more information, see “Department of Labor Issues Final Fee Disclosure Regulation for Qualified Plans” in our March 2012 Employee Benefits Update.
  • Provide Participant Benefit Statements:  Defined contribution plans must provide individual benefit statements at least annually, although plans that permit participants to direct the investment of their accounts must provide the statement at least quarterly.  Defined contribution plans must also provide the statement upon request.
  • Distribute Summary Annual Report:  Distribute a summary annual report, which is a summary of the information reported on the Form 5500.  The summary annual report is generally due nine months after the plan year ends.  If the Form 5500 was filed under an extension, the summary annual report must be distributed within two months following the date on which the Form 5500 was due.   
  • If Adding Qualified Automatic Contribution Arrangement or Eligible Automatic Contribution Arrangement for 2013, Adopt Amendment Before the 2013 Plan Year:  Neither a QACA nor an EACA may be adopted mid-year. Accordingly, if you wish to add a QACA or an EACA to your plan for the 2013 plan year, you must adopt an amendment by December 31, 2012 for calendar year plans