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"If you want to examine or get copies of the financial institution year-end statements or evidence of the fidelity bond, please contact _____, who is a representative of the plan administrator at [address] and phone number, [phone number]."
"A total of ___ persons were participants in or beneficiaries of the plan at the end of the plan year, although not all of these persons had yet earned the right to receive benefits."
The plan has (a) contract(s) with [name of insurance carrier(s) from Schedule A or from 15c if 5500SF] which allocate(s) funds toward [entry from Item 15b]. The total premiums paid for the plan year ending [date from 5500] were [amount from Schedule A].
Note that 15c is only applicable if the plan is reporting on a 5500 SF since this information is normally taken from a Schedule A.
More Frequently Asked Questions regarding the Small Pension Plan Audit Waiver Regulation may be found by clicking here, which will direct you to the DOL's site.
If 16a is "Yes", the following will be added to the SAR:
Information Regarding Plan Assets
The U.S. Department of Labor's regulations require that an independent
qualified public accountant audit the plan's financial statements
unless certain conditions are met for the audit requirement to be
waived. This plan met the audit waiver conditions for the plan year
beginning [information from 5500] and therefore has not had an audit
performed. [If 16b and 16c are not blank] Instead, the following information is provided to assist you
in verifying that the assets reported on the Form 5500 were actually
held by the plan.
More Frequently Asked Questions regarding the Small Pension Plan Audit Waiver Regulation may be found by clicking here, which will direct you to the DOL's site.
If 16b is not blank and 16c is blank, the following will be added to the SAR:At the end of the plan year, the plan had qualifying plan assets at the following institution(s):[16c] (Note that the name of each regulated financial institution holding (or issuing) qualifying plan assets and the amount of such assets reported by the institution as of the end of the plan year should be entered in item 16c).
The plan receives year-end statements from these regulated financial institutions that confirm the above information.
The following information will also appear if at least one of the assets types are used in the plan.
The remainder of the plan's assets were []:
- (if applicable pension codes are used and item 16e is "Yes") held in individual participant accounts with investments directed by participants and beneficiaries and with account statements from regulated financial institutions furnished to the participant or beneficiary at least annually
- (if indicated in SF/I/H) qualifying employer securities
- (if indicated in SF/I/H) loans to participants
- (if 16b of the SAR checklist is not blank) other assets covered by a fidelity bond at least equal to the value of the assets issued by [16b], an approved surety company.
Note that if this item is "No" - you generally should be entering financial information in item 16c and/or surety information in line 16b in order to qualify for the audit waiver.
See sample SAR language above and the audit waiver regulation below for more information.
"Plan expenses were ___. These expenses included ___ in administrative expenses and ___ in benefits paid to participants and beneficiaries, __ in certain deemed and/or corrective distributions, and ___ in other expenses."
"During the plan year the plan experienced a change in its net assets of ___. This change includes unrealized appreciation or depreciation in the value of plan assets; that is, the difference between the value of the plan's assets at the end of the year and the value of the assets at the beginning of the year or the cost of assets acquired during the year. The plan had total income of ___, including employer contributions of ___, employee contributions of ___, other contributions/other income of ___, gains/(losses) of ____ from the sale of assets, and earnings from investments of _____."
Note that this item is not applicable to a 5500SF since the Pension Plan 5500 Cross Reference does include rollover information from a 5500 SF.
[sponsor name from line 2a of Form 5500] has committed itself to pay all/certain [text entry from Item 25a] claims incurred under the terms of the plan.
[sponsor name from line 2a of Form 5500] has committed itself to pay [all/certain] [text entry from Item 25a] claims incurred under the terms of the plan.
The plan has contracts with [name of insurance carrier(s) from Schedule A or 26d if 5500SF] to pay all/certain [text entry from Item 26b] claims incurred under the terms of the plan. The total premiums paid for the plan year ending [date from 5500] were [amount from Schedule A].
Note that 26d is only applicable if the plan is reporting on a 5500 SF since this information is normally taken from a Schedule A.
[If applicable add:]
Because they are so called "experience-rated" contracts, the premium costs are affected by, among other things, the number and size of claims. Of the total insurance premiums paid for the plan year ending [date from 5500], the premiums paid under such "experience-rated" contracts were [amount from Schedule A] and the total of all benefit claims paid under these "experience-rated" contracts during the plan year was [amount from Schedule A].
The plan has contracts with [name of insurance carrier(s) from Schedule A or 26d if 5500SF] to pay [all/certain] [text entry from Item 26b] claims incurred under the terms of the plan. The total premiums paid for the plan year ending [date from 5500] were [amount from Schedule A].
Note that 26d is only applicable if the plan is reporting on a 5500 SF since this information is normally taken from a Schedule A.
To update the default SAR font type, size, margins and line-spacing, go to the top of the SAR Checklist and click on SAR/AFN Print Settings. Be sure to click 'Save & Close' in the lower right-hand side of the screen once you have made your changes.
To update the default SAR font type, size, margins and line-spacing, go to the top of the SAR Checklist and click on SAR/AFN Print Settings. Be sure to click 'Save & Close' in the lower right-hand side of the screen once you have made your changes.
To update the default SAR font type, size, margins and line-spacing, go to the top of the SAR Checklist and click on SAR/AFN Print Settings. Be sure to click 'Save & Close' in the lower right-hand side of the screen once you have made your changes.
To update the default SAR font type, size, margins and line-spacing, go to the top of the SAR Checklist and click on SAR/AFN Print Settings. Be sure to click 'Save & Close' in the lower right-hand side of the screen once you have made your changes.
To update the default SAR font type, size, margins and line-spacing, go to the top of the SAR Checklist and click on SAR/AFN Print Settings. Be sure to click 'Save & Close' in the lower right-hand side of the screen once you have made your changes.
To update the default SAR font type, size, margins and line-spacing, go to the top of the SAR Checklist and click on SAR/AFN Print Settings. Be sure to click 'Save & Close' in the lower right-hand side of the screen once you have made your changes.
To update the default SAR font type, size, margins and line-spacing, go to the top of the SAR Checklist and click on SAR/AFN Print Settings. Be sure to click 'Save & Close' in the lower right-hand side of the screen once you have made your changes.
Sec. 2520.104b-10 The Summary Annual Report (SAR) Return to top |
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(a) Obligation to furnish. Except as otherwise provided in paragraph (g) of this section, the administrator of any employee benefit plan shall furnish annually to each participant of such plan and to each beneficiary receiving benefits under such plan (other than beneficiaries under a welfare plan) a summary annual report conforming to the requirements of this section. Such furnishing of the summary annual report shall take place in accordance with the requirements of sec. 2520.104b-1 of this part. | ||
(b) [Reserved] | ||
(c) When to furnish. Except as otherwise provided in this paragraph (c), the summary annual report required by paragraph (a) of this section shall be furnished within nine months after the close of the plan year. | ||
(1) In the case of a welfare plan described in sec. 2520.104-43 of this part, such furnishing shall take place within 9 months after the close of the fiscal year of the trust or other entity which files the annual report under sec. 2520.104a-6 of this part. | ||
(2) When an extension of time in which to file an annual report has been granted by the Internal Revenue Service, such furnishing shall take place within 2 months after the close of the period for which the extension was granted. | ||
(d) Contents, style and format. Except as otherwise provided in this paragraph (d), the summary annual report furnished to participants and beneficiaries of an employee pension benefit plan pursuant to this section shall consist of a completed copy of the form prescribed in paragraph (d)(3) of this section, and the summary annual report furnished to participants and beneficiaries of an employee welfare benefit plan pursuant to this section shall consist of a completed copy of the form prescribed in paragraph (d)(4) of this section. The information used to complete the form shall be based upon information contained in the most recent annual report of the plan which is required to be filed in accordance with section 104(a)(1) of the Act. | ||
(1) Any portion of the forms set forth in this paragraph (d) which is not applicable to the plan to which the summary annual report relates, or which would require information which is not required to be reported on the annual report of that plan, may be omitted. | ||
(2) Where the plan administrator determines that additional explanation of any information furnished pursuant to this paragraph (d) is necessary to fairly summarize the annual report, such explanation shall be set forth following the completed form required by this paragraph (d) and shall be headed, "Additional Explanation." | ||
(3) Form for Summary Annual Report Relating to Pension Plans. Return to top | ||
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(4) Form for Summary Annual Report Relating to Welfare Plans. Return to top | ||
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(e) Foreign languages. In the case of either- Return to top | ||
(1) A plan which covers fewer than 100 participants at the beginning of a plan year in which 25 percent or more of all plan participants are literate only in the same non-English language; or | ||
(2) A plan which covers 100 or more participants in which 500 or more participants or 10 percent or more of all plan participants, whichever is less, are literate only in the same non-English language- | ||
The plan administrator for such plan shall provide these participants with an English-language summary annual report which prominently displays a notice, in the non-English language common to these participants, offering them assistance. The assistance provided need not involve written materials, but shall be given in the non-English language common to these participants. The notice offering assistance shall clearly set forth any procedures participants must follow to obtain such assistance. | ||
(f) Furnishing of additional documents to participants and beneficiaries. A plan administrator shall promptly comply with any request by a participant or beneficiary for additional documents made in accordance with the procedures or rights described in paragraph (d) of this section. | ||
(g) Exemptions. Notwithstanding the provisions of this section, a summary annual report is not required to be furnished with respect to the following: | ||
(1) A totally unfunded welfare plan described in 29 CFR 2520.104-44(b)(1)(i); | ||
(2) a welfare plan which meets the requirements of 29 CFR 2520.104-20(b); | ||
(3) An apprenticeship or other training plan which meets the requirements of 29 CFR 2520.104-22; | ||
(4) A pension plan for selected employees which meets the requirements of 29 CFR 2520.104-23; | ||
(5) A welfare plan for selected employees which meets the requirements of 29 CFR 2520.104-24; | ||
(6) A day care center referred to in 29 CFR 2520.104-25; | ||
(7) A dues financed welfare plan which meets the requirements of 29 CFR 2520.104-26; and | ||
(8) A dues financed pension plan which meets the requirements of 29 CFR 2520.104-27. | ||
Appendix to Sec. 2520.104b-10 The Summary Annual Report (SAR) Under ERISA: A Cross-Reference to the Annual Report |
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A. PENSION PLAN Return to top |
SAR Item | Form 5500 Large Plan Filer Line Items | Form 5500 Small Plan Filer Line Items | Form 5500-SF Filer Line Items |
1. Funding arrangement | Form 5500-9a | Same. | Not applicable. |
2. Total plan expenses | Sch. H--2j | Sch. I--2j | Line 8h |
3. Administrative expenses | Sch. H--2i(5) | Sch. I - 2h | Line 8f |
4. Benefits paid | Sch. H--2e(4) | Sch. I--2e. | Line 8d |
5. Other expenses | Sch. H--Subtract the sum of 2e(4) & 2i(5) from 2j | Sch. I--2i | Line 8g |
6. Total participants | Form 5500--6f | Same | Line 5b |
7. Value of plan assets (net): | |||
a. End of plan year | Sch. H--1l [Col. (b)] | Sch. I--1c [Col. (b)] | Line 7c [Col. (b)] |
b. Beginning of plan year | Sch. H--1l [Col. (a)] | Sch. I--1c [Col. (a)] | Line 7c [Col. (a)] |
8. Change in net assets | Sch. H--Subtract 1l [Col. (a)] from 1l [Col. (b)] | Sch. I--Subtract 1c [Col. (a) from 1c [Col. (b)] | Line 7c--Subtract Col. (a) from Col. (b) |
9. Total income | Sch. H--2d | Sch. I--2d | Line 8c |
a. Employer contributions | Sch. H--2a(1)(A) & 2a(2) if applicable | Sch. I--2a(1) & 2b if applicable | Line 8a(1) if applicable |
b. Employee contributions | Sch. H--2a(1)(B) & 2a(2) if applicable | Sch. I--2a(2) & 2b if applicable | Line 8a(2) & 8a(3) if applicable |
c. Gains (losses) from sale of assets | Sch. H--2b(4)(C) | Not applicable | Not applicable |
d. Earnings from investments | Sch. H--Subtract the sum of 2a(3), 2b(4)(C) and 2c from 2d | Sch. I-2c | Line 8b |
10. Total insurance premiums | Total of all Schs. A--6b | Total of all Schs. A--6b | Not applicable |
11. Unpaid minimum required contribution (S-E plans) or Funding deficiency (ME plans): | |||
a. S-E Defined benefit plans | Sch. SB--39 | Same | Same |
b. ME Defined benefit plans | Sch. MB--10 | Same | Not applicable |
c. Defined contribution plans | Sch. R--6c, if more than zero | Same | Line 12d |
B. WELFARE PLAN Return to top |
SAR Item | Form 5500 Large Plan Filer Line Items | Form 5500 Small Plan Filer Line Items | Form 5500-SF Filer Line Items | |
1. Name of insurance carrier | All Schs. A--1(a) | Same | Not applicable | |
2. Total (experience rated and non-experienced rated) insurance premiums |
All Schs. A--Sum of 9a(1) and 10a | Same | Not applicable | |
3. Experience rated premiums | All Schs. A--9a(1) | Same | Not applicable | |
4. Experience rated claims | All Schs. A--9b(4) | Same | Not applicable | |
5. Value of plan assets (net): | ||||
a. End of plan year | Sch. H--1l [Col. (b)] | Sch. I--1c [Col. (b)] | Line 7c [Col. (b)] | |
b. Beginning of plan year | Sch. H--1l [Col. (a)] | Sch. I--1c [Col. (a)] | Line 7c [Col. (a)] | |
6. Change in net assets | Sch. H--Subtract 1l [Col. (a)] from 1l [Col. (b)] | Sch. I--Subtract 1c [Col. (a)] from 1c [Col. (b)] | Line 7c--Subtract [Col. (a)] from 7c [Col. b] | |
7. Total income | Sch. H--2d | Sch. I--2d | Line 8c | |
a. Employer contributions | Sch. H--2a(1)(A) & 2a(2) if applicable | Sch. I--2a(1) & 2b if applicable | Line 8a(1) if applicable | |
b. Employee contributions | Sch. H--2a(1)(B) & 2a(2) if applicable | Sch. I--2a(2) & 2b if applicable | Line 8a(2) if applicable | |
c. Gains (losses) from sale of assets | Sch. H--2b(4)(C) | Not applicable | Not applicable | |
d. Earnings from investments | Sch. H--Subtract the sum of 2a(3), 2b(4)(C) and 2c from 2d | Sch. I -2c. | Line 8b | |
8. Total plan expenses | Sch. H--2j | Sch. I--2j | Line 8h | |
9. Administrative expenses | Sch. H--2i(5) | Sch. I--2h | Line 8f | |
10. Benefits paid | Sch. H--2e(4) | Sch. I--2e | Line 8d | |
11. Other expenses | Sch. H--Subtract the sum of 2e(4) & 2i(5) from 2j | Sch. I--2i | Line 8g |
Sec. 2520.104-46 Waiver of examination and report of an independent qualified public accountant for employee benefit plans with fewer than 100 participants. Return to top |
(a) General. Return to top |
(1) Under the authority of section 103(a)(3)(A) of the Act, the Secretary may waive the requirements of section 103(a)(3)(A) in the case of a plan for which simplified annual reporting has been prescribed in accordance with section 104(a)(2) of the Act. |
(2) Under the authority of section 104(a)(3) of the Act the Secretary may exempt any employee welfare benefit plan from certain annual reporting requirements. |
(b) Application. Return to top |
(1) |
(i) The administrator of an employee pension benefit plan for which simplified annual reporting has been prescribed in accordance with section 104(a)(2)(A) of the Act and sec. 2520.104-41 is not required to comply with the annual reporting requirements described in paragraph (c) of this section, provided that with respect to each plan year for which the waiver is claimed- |
(A) Return to top |
(1) At least 95 percent of the assets of the plan constitute qualifying plan assets within the meaning of paragraph (b)(1)(ii) of this section, or |
(2) Any person who handles assets of the plan that do not constitute qualifying plan assets is bonded in accordance with the requirements of section 412 of the Act and the regulations issued thereunder, except that the amount of the bond shall not be less than the value of such assets; |
(B) The summary annual report, described in sec. 2520.104b-10, includes, in addition to any other required information: Return to top |
(1) Except for qualifying plan assets described in paragraph (b)(1)(ii)(A), (B) and (F) of this section, the name of each regulated financial institution holding (or issuing) qualifying plan assets and the amount of such assets reported by the institution as of the end of the plan year; |
(2) The name of the surety company issuing the bond, if the plan has more than 5% of its assets in non-qualifying plan assets; |
(3) A notice indicating that participants and beneficiaries may, upon request and without charge, examine, or receive copies of, evidence of the required bond and statements received from the regulated financial institutions describing the qualifying plan assets; and |
(4) A notice stating that participants and beneficiaries should contact the Regional Office of the U.S. Department of Labor's Employee Benefits Security Administration if they are unable to examine or obtain copies of the regulated financial institution statements or evidence of the required bond, if applicable; and |
(C) in response to a request from any participant or beneficiary, the administrator, without charge to the participant or beneficiary, makes available for examination, or upon request furnishes copies of, each regulated financial institution statement and evidence of any bond required by paragraph (b)(1)(i)(A)(2). |
(ii) For purposes of paragraph (b)(1), the term "qualifying plan assets" means: Return to top |
(A) Qualifying employer securities, as defined in section 407(d)(5) of the Act and the regulations issued thereunder; |
(B) Any loan meeting the requirements of section 408(b)(1) of the Act and the regulations issued thereunder; |
(C) Any assets held by any of the following institutions (1) A bank or similar financial institution as defined in sec. 2550.408b-4(c); (2) An insurance company qualified to do business under the laws of a state; (3) An organization registered as a broker-dealer under the Securities Exchange Act of 1934; or (4) Any other organization authorized to act as a trustee for individual retirement accounts under section 408 of the Internal Revenue Code. |
(D) Shares issued by an investment company registered under the Investment Company Act of 1940; |
(E) Investment and annuity contracts issued by any insurance company qualified to do business under the laws of a state; and, |
(F) In the case of an individual account plan, any assets in the individual account of a participant or beneficiary over which the participant or beneficiary has the opportunity to exercise control and with respect to which the participant or beneficiary is furnished, at least annually, a statement from a regulated financial institution referred to in paragraphs (b)(1)(ii)(C), (D) or (E) of this section describing the assets held (or issued) by such institution and the amount of such assets. |
(iii) |
(A) For purposes of this paragraph (b)(1), the determination of the percentage of all plan assets consisting of qualifying plan assets with respect to a given plan year shall be made in the same manner as the amount of the bond is determined pursuant to secs. 2580.412-11, 2580.412-14, and 2580.412-15. |
(B) Examples. Plan A, which reports on a calendar year basis, has total assets of $600,000 as of the end of the 1999 plan year. Plan A's assets, as of the end of year, include: investments in various bank, insurance company and mutual fund products of $520,000; investments in qualifying employer securities of $40,000; participant loans, meeting the requirements of ERISA section 408(b)(1), totaling $20,000; and a $20,000 investment in a real estate limited partnership. Because the only asset of the plan that does not constitute a "qualifying plan asset" is the $20,000 real estate investment and that investment represents less than 5% of the plan's total assets, no bond would be required under the proposal as a condition for the waiver for the 2000 plan year. By contrast, Plan B also has total assets of $600,000 as of the end of the 1999 plan year, of which $558,000 constitutes "qualifying plan assets" and $42,000 constitutes non-qualifying plan assets. Because 7%-more than 5%-of Plan B's assets do not constitute "qualifying plan assets," Plan B, as a condition to electing the waiver for the 2000 plan year, must ensure that it has a fidelity bond in an amount equal to at least $42,000 covering persons handling non- qualifying plan assets. Inasmuch as compliance with section 412 requires the amount of bonds to be not less than 10% of the amount of all the plan's funds or other property handled, the bond acquired for section 412 purposes may be adequate to cover the non-qualifying plan assets without an increase (i.e., if the amount of the bond determined to be needed for the relevant persons for section 412 purposes is at least $42,000). As demonstrated by the foregoing example, where a plan has more than 5% of its assets in non-qualifying plan assets, the bond required by the proposal is for the total amount of the non-qualifying plan assets, not just the amount in excess of 5%. |
(2) The administrator of an employee welfare benefit plan that covers fewer than 100 participants at the beginning of the plan year is not required to comply with annual reporting requirements described in paragraph (c) of this section. |
(c) Waiver. The administrator of a plan described in paragraph (b) (1) or (2) of this section is not required to: Return to top |
(1) Engage an independent qualified public accountant to conduct an examination of the financial statements of the plan; |
(2) Include within the annual report the financial statements and schedules prescribed in section 103(b) of the Act and secs. 2520.103-1, 2520.103-2, and 2520.103-10; and |
(3) Include within the annual report a report of an independent qualified public accountant as prescribed in section 103(a)(3)(A) of the Act and sec. 2520.103-1. |
(d) Limitations. Return to top |
(1) The waiver described in this section does not affect the obligation of a plan described in paragraph (b)(1) or (2) of this section to file a Form 5500 "Annual Return/Report of Employee Benefit Plan," including any required schedules or statements prescribed by the instructions to the form. See sec. 2520.104-41. |
(2) For purposes of this section, an employee pension benefit plan for which simplified annual reporting has been prescribed includes an employee pension benefit plan which elects to file a Form 5500 as a small plan pursuant to sec. 2520.103-1(d) with respect to the plan year for which the waiver is claimed. See sec. 2520.104-41. |
(3) For purposes of this section, an employee welfare benefit plan that covers fewer than 100 participants at the beginning of the plan year includes an employee welfare benefit plan which elects to file a Form 5500 as a small plan pursuant to sec. 2520.103-1(d) with respect to the plan year for which the waiver is claimed. See sec. 2520.104-41. |
(4) A plan that elects to file a Form 5500 as a large plan pursuant to sec. 2520.103-1(d) may not claim a waiver under this section. |