Compliance Administration ::

Woven into the fabric of America's corporate and not-for-profit institutional retirement plans, is a complicated labyrinth of rules, regulations and administrative procedures.

Plans that fail to conform fully with these regulations are exposed to the risk of stiff governmental penalties and adverse tax consequences. It doesn't matter that a compliance failure is the result of unintentional error or innocent oversight, the accountability and accompanying reparations are still going to apply.

Proper retirement plan administration demands an in-depth knowledge of the many actions required to keep that plan in compliance with all of the complicated regulations and also demands maintaining a preemptory overview of the plan's status to insure that it remains in compliance at all times.

Non-discrimination testing, for example, is an area of compliance administration that requires special expertise of a plan's administrator. Not having that expertise working for your plan could result in it not being properly administered, failing its compliance testing and exposing it to the potential loss of its favorable tax status.

As your plan's administrator, HPA will protect you, your plan and your plan's trustees by monitoring it with semi-annual pre-test "preemptory check-ups" to insure it is in full compliance at all times. We'll keep you fully apprised of all regulatory updates and provide the following cost effective retirement plan compliance administration:

  • ADP/ACP Test
  • Annual Additions Test (415 limit)
  • Top Heavy Test
  • Maximum Deductible Employer Contribution Test
  • 410(b) Minimum coverage and participation tests
  • 70 1/2 Distribution calculations
  • Loan and Hardship Maximums
  • Vesting Calculation
  • Employer Contribution Calculation
  • Forfeiture Accounting
  • Participant level Valuation
  • IRS Annual Return - Form 5500 or 5500-EZ
  • Schedules A, C, D, E, G, H, I, P, R, T & SSA, As Required
  • Summary Annual Report
  • Tax Reporting Form Preparation - 1099R,1096, 945.


January 31 - Form 1099Rs due to participants who received distributions during the prior plan year.

January 31 - Form 945 due to the IRS to report income taxes withheld on participant distributions.

Note: Heritage Pension Advisors, LLC requires participant data by January 31 to perform plan compliance testing such as the ADP/ACP and Top Heavy tests.


February 28 - Form 1099Rs/1096 due to the IRS. (or 3/31 if filed electronically)


March 15 - Corrective distributions of excess contributions and earnings to effected participants if the plan has failed either the ADP or ACP tests. (Avoids 10% excise tax)

March 15 - Application of Waiver for Minimum Funding Standard for DB plans (due the 15th day of the 3rd month following the plan's year end for which such waiver is requested).

March 15 - Employer contributions need to be remitted to plans sponsored by C-Corps and S-Corps (unless employer tax return is extended).

March 31 – Summary plan descriptions should be distributed to employees who became eligible for the plan January 1st.


April 1 - Minimum required distributions due to participants - terminated and 5% owners - who obtained age 70 ½ during the plan year.

April 15 - Employer contributions need to be remitted to plans sponsored by Partnerships and Sole Proprietorships (unless employer tax return is extended).

April 15 - Corrective distributions of 402(g) (Excess Deferrals)

April 15 – Filing of Individual and/or Partnership tax returns and contribution deadlines for deductibility for unincorporated entities(without extension)

April 15 – Request for automatic extension –Individual (to 10/15) and Partnership (to 9/15)



June 30 - 11K filings due for plans sponsored by publicly traded companies.


July 31 - Report excise taxes for prohibited transactions.



September 15 - Firm deadline for depositing employer contributions for plans sponsored by C-Corps and S-Corps (if corporate tax return extension has been filed)

September 15 – Extended deadline for filing of Corporate/Partnership tax returns.


October 15 - Extended due date of Form 5500.

October 15 - Amendment to correct 410(b) failure

October 15 – Extended deadline for filing Individual tax return (and final contribution deadline for deductibility for Sole Proprietors



December 1 – Safe Harbor notice (and contingent notice for 3% safe harbor contribution, if applicable

  • Employee deferrals into 401(k) plans need to be deposited into the plan as soon as can be segregated from the plan sponsor's assets. Safe Harbor for plans under 100 employees: within 7 business days of pay date
  • Summary Annual Report required to be distributed to participants 2 months after the filing of Form 5500.
  • PBGC Form 1 - Annual Premium Payment , PBGC Schedule A, and PBGC Form 1-EZ due by the 15th day of the 9th full month in which the plan year began.
  • Notice of failure to meet minimum funding standards. (For Defined Benefit Plans due within 60 days of issued payment or denial of waiver.)