YEAR END COMPLIANCE REQUIREMENTS & DEADLINES

Key benefit requirements and deadlines for 2016

September

 

  • Summary Annual Report (SAR) – A narrative summary of your Form 5500, including a statement of the right to receive the annual report, must be distributed to plan participants by the last day of the ninth month following the end of the plan year, by September 30th for calendar year plans. Plans that have an extension of time to file the Form 5500 must provide the SAR within two months after the extension.

 

  • MLR Rebates – Deadline for issuers to pay medical loss ratio (MLR) rebates to plan sponsors is September 30th.  If the rebate is a “plan asset” under ERISA, the rebate should, as a general rule, be used within three months of when it is received by the plan sponsor. Thus, employers who decide to distribute the rebate to participants should make the distributions within this three-month time limit.  Click here to see rebate distribution options and instructions.

 

October

 

  • Taxpayer Identification Numbers (i.e. Social Security Numbers) Solicitation -Applicable Large Employers (ALEs) who did not provide the TIN/SSNs of employees on their 2015 ACA ALE reporting must conduct the first annual solicitation of employees on or before October 12th.  If you do not receive a TIN/SSN after this solicitation, you must solicit the TIN/SSN again by December 31, 2017 to show reasonable cause.

 

  • Medicare Part D Notices – Employers whose health care plans include prescription drug benefits must notify Medicare-eligible employees by October 14th whether their plan provides “creditable coverage,” meaning that it is expected to cover, on average, as much as the standard Medicare Part D prescription drug plan.

 

The federal Centers for Medicare & Medicaid Services (CMS) requires that companies provide the notice before the annual Medicare Part D election period, October 15 to December 7 each year for coverage beginning January 1.  The CMS Creditable Coverage website provides complete text of the guidance and Model Notices Plan sponsors should carefully review and customize these notices to ensure they accurately reflect their plan provisions.

 

The disclosure notice must be given to all Part D-eligible individuals who are covered under, or apply for, an employer’s prescription drug benefits plan. This requirement applies to Medicare beneficiaries who are active employees and those who are retired, as well as Medicare beneficiaries who are covered as spouses under active or retiree coverage.

 

  • 5500 Extensions – Calendar year plans that filed an extension must submit their Form 5500 and related schedules by October 17th.  For more information, click here.

 

November

 

  • 2015 Transitional Reinsurance Fee Second Payment –Self-insured plans who elected to pay their 2015 fees in two installments must pay the second installment by November 15th.

 

  • 2016 Transitional Reinsurance Fees – Self-insured plans must submit their annual enrollment count to the Department of Health and Human Services (HHS) and schedule payment of their 2016 Transitional Reinsurance Fees by November 15th.  HHS provides an Annual Enrollment and Contributions Submission Form Manual to assist with compliance.