Cafeteria Plan Discrimination Tests Annual Dollar limits

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Employee Benefit Systems, Inc.

Document Restatement Dates Remedial Amendments EGTRRA: Prototype and Volume Submitter DB Documents: April 30, 2012 Summary of amendments since GUST: PPA: Prototype and Volume Submitter DC Documents: April 30, 2016 www.datair.com/softupdate.htm#amendments Prototype and Volume Submitter DB Documents: April 30, 2018 Individually Designed Plan Documents (both DB and DC) based on last digit of employer s EIN: Cycle A: 1 or 6 = 1/31/12 Cycle B: 2 or 7 = 1/31/13 Cycle C: 3 or 8 = 1/31/14 Cycle D: 4 or 9 = 1/31/15 Cycle E: 5 or 0 = 1/31/16 Cafeteria Plan Discrimination Tests 2012 Annual Dollar limits 125 General Eligibility Test: All employees are eligible (no exclusions). 25% Dependent Care Test: Concentration Test no more than 25% of DCAP benefits are provided to HCEs. 25% Nondiscrimination Test: Concentration Test no more than 25% of non-taxable benefits are provided to Key Employees. 55% Average Benefit Test: Average DCAP benefits received by NHCEs are at least 55% of the average benefits received by HCEs. MFSA Test: 70% test, 70%/80% test, fair cross-section test. Note: Application of tests vary according to plan and census specifics; contact DATAIR support if you are unsure. Pension & Benefits Reference Library ASPPA: The ERISA Outline Book, by Sal M. Tripodi (print and online); contact (703) 516-9300 CCH: Pension Plan Guide, (print, CD and online); contact (800) 344-3734 RIA: Pension and Benefits Advisor on Checkpoint (online); contact (800) 950-1216 Aspen Publishers: 5500 Preparers Manual (print), by Janice Wegesin; contact (800) 638-8437 EBIA: Cafeteria Plans Manual (print); contact (866)775-3242 BenefitsLink: Newsletter (Retirement and Health & Welfare editions) (email) free; contact www.benefitslink.com Credentialed Education Programs ASPPA: Qualified Plan Financial Consultant (QPFC), Qualified 401(k) Administrator (QKA), Qualified Pension Administrator (QPA), Certified Pension Consultant (CPC) NIPA: Accredited Pension Administrator (APA), Accredited Pension Representative (APR), Distribution Administrator Certificate SOA: Associate of the Society of Actuaries (ASA), Fellow of the Society of Actuaries (FSA), Chartered Enterprise Risk Analyst (CERA) Joint Board: Enrolled Actuary (EA) IRS: Enrolled Agent (EA) ECFC: Certified in Flexible Compensation (CFC) IFEBP: Certified Employee Benefit Specialist (CEBS) DATAIR s Support Announcements & Discussion Forums Use these steps to receive email notices of software updates and webinars, and to chat with other DATAIR users: 1. Go to www.datair.com/forums 2. If you already have a Forums account go to step 7; otherwise, click Register Here. 3. Click Agree. 4. Complete at least items with red asterisks and click Submit (store your user name and password in a safe place!) 5. Receive email from forums@datair.com and click on the second link (or cut & paste the link into your browser). 6. Click Back to Forum on page announcing that your registration is completed. 7. Enter user name and password, then log in. 8. Click the right-most icon on the first row. You will receive a pop-up notification that you are now subscribed. You may also subscribe to any of the other Forums (rows) that are of interest.

1/17/12: PYE 3/31/11 extended 1/31/12: PYE 6/30/11 January 2012 Federal Bank Holidays and DATAIR closings are in black. Compliance dates are in blue. dates are in red. Note that compliance dates are based on calendar plan years except as noted. 1 NEW YEAR S DAY ERISA 404(a) rules effective 2 DATAIR closed 3 4 5 6 7 8 9 10 11 ASPPA L.A. Benefits (Los Angeles CA) 12 ASPPA L.A. Benefits (Los Angeles CA) 13 ASPPA L.A. Benefits (Los Angeles CA) 14 15 Quarterly DB contributions 16 DR. MARTIN LUTHER KING, JR. DAY 17 2009 & pre-4/1/10 2010 8955-SSA forms 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Cycle A submission (PPA IDPs). 1099Rs to employees & beneficiaries. Form 945, if Payment due.

2/15/12: PYE 4/30/11 extended 2/29/12: PYE 7/31/11 February 2012 1 2 3 4 5 6 7 8 NTSAA Advisors Summit (Las Vegas NV) 9 NTSAA Advisors Summit (Las Vegas NV) 10 NTSAA Advisors Summit (Las Vegas NV) Form 945, if no payment due 11 12 13 14 VALENTINE S DAY 15 16 17 18 19 20 PRESIDENTS DAY 21 22 23 24 25 26 27 28 1099R and 1096 IRS Paper Filing due 29 2012 PBGC estimated Premium: Form 1-ES

3/15/12: PYE 5/31/11 extended March 2012 1 Notification of Excess Deferral (for more than one unrelated 401(k)) 2 3 4 5 6 7 8 9 10 11 DAYLIGHT SAVINGS TIME BEGINS 12 13 14 15-16 17 Return Excess Contribution to HCEs. End of 2½ month Grace Period ( 125). Corporate tax filing or extension. Application for Waiver of Minimum Funding. 18 ASPPA 401(k) Summit (New Orleans LA) 19 ASPPA 401(k) Summit (New Orleans LA) 20 ASPPA 401(k) Summit (New Orleans LA) 21 22 23 24 SPRING BEGINS 25 Enrolled Actuaries 26 Enrolled Actuaries 27 Enrolled Actuaries 28 EA ECFC Annual 29 ECFC Annual 30 ECFC Annual SPDs for 1/1 entry participants 31 Excise tax: late 2010 ADP/ACP correction. PPA AFTAP Certification due.

4/02/12: PYE 8/31/11 4/16/12: PYE 6/30/11 extended 4/30/12: PYE 9/30/11 April 2012 1 End of 90-day runout period ( 125). Service Provider Fee Disclosure deadline. 401(a)(9) RMD (70½) Initial payment. 2 1099R electronic filing 3 4 5 6 DATAIR closed at 12:00 p.m. 7 PASSOVER 8 EASTER 9 10 11 12 13 14 15 16 TAX DAY! 17 18 19 20 21 Quarterly DB contributions. Return 402(g) Excess Deferrals. Tax filing or extension for Individuals, Sole Proprietors, and Partnerships. 22 23 24 25 26 27 28 29 Annual Statement of Pooled Fund, other data needed for 5500 & Annual Notice for large & mid-sized DB plans (120 days after pye) 30 2011 PBGC premium due for small DB plans April 29 May 2: NIPA Annual Forum & Expo (Las Vegas)

5/15/12: PYE 7/31/11 extended 5/31/12: PYE 10/31/11 May 2012 1 2 3 NTSAA 403(b) Compliance April 29 May 2: NIPA Annual Forum & Expo (Las Vegas NV) (Las Vegas NV) 4 NTSAA 403(b) Compliance (Las Vegas NV) 5 6 7 8 9 10 11 12 13 14 15 16 17 Benefits of the South (Atlanta GA) 18 Benefits of the South (Atlanta GA) 19 20 21 Mid-Atlantic Benefits (Philadelphia PA) 22 Mid-Atlantic Benefits (Philadelphia PA) 23 24 25 26 27 28 MEMORIAL DAY DATAIR closed 29 30 31 1st annual disclosures to participants due

6/15/12: PYE 8/31/11 extended 6/30/12: PYE 11/30/11 June 2012 1 2 3 4 ACOPA Advanced Actuarial (Boston MA) 5 ACOPA Advanced Actuarial (Boston MA) 6 7 ERPA 8 ERPA 9 10 11 12 13 14 ASPPA Women s Business Leaders Forum (Charlotte NC) 15 ASPPA Women s Business Leaders Forum (Charlotte NC) 16 17 18 19 20 SUMMER BEGINS 21 ASPPA Great Lakes Benefits (Chicago IL) 22 ASPPA Great Lakes Benefits (Chicago IL) 23 24 SHRM Annual & Exposition (Atlanta GA) 25 SHRM Annual & Exposition (Atlanta GA) 26 SHRM Annual & Exposition (Atlanta GA) 27 SHRM Annual & Exposition (Atlanta GA) 28 29 30 Deadline for corrective distributions for failed ADP/ACP test without 10% penalty for EACA

7/16/12: PYE 9/30/11 extended 7/31/12: PYE 12/31/11 July 2012 1 2 3 4 INDEPENDENCE DAY DATAIR closed 5 6 7 8 9 ASPPA s Northeast Area Benefits (Boston MA) 10 ASPPA s Northeast Area Benefits (New York NY) 11 12 13 14 15 ASPPA Western Benefits (Seattle WA) 16 ASPPA Western Benefits (Seattle WA) 17 ASPPA Western Benefits (Seattle WA) 18 ASPPA Western Benefits (Seattle WA) 19 Quarterly DB Contributions 20 RAMADAN 21 22 23 24 25 26 27 28 Deadline for sending SMM (210th day after PYE after adoption of amendment) 29 Annual Funding Notice due for small DB plans 30 31 Excise Tax due for prohibited transactions (Form 5330). Statement of Deferred Benefits. Annual Funding Notice for small DB plans (due by earlier of 5500 filing date or deadline with extension).

8/15/12: PYE 10/31/11 extended 8/31/12: PYE 1/31/12 August 2012 1 2 3 4 5 6 7 8 9 10 ACOPA Actuarial Symposium (Chicago IL) 11 ACOPA Actuarial Symposium (Chicago IL) 12 13 14 1st quarterly disclosures to participants due 15 ECFC Administrators Flex Symposium (Chicago IL) 16 ECFC Administrators Flex Symposium (Chicago IL) 17 18 19 EID AL FITR 20 21 22 23 24 25 26 27 28 29 30 31

9/17/12: PYE 11/30/11 extended September 2012 30 SAR distributed (if 5500 not extended). Final deadline: PPA AFTAP Certification. Notice for PBGC DB plans to waive audit (if 5500 not extended). 1 2 3 LABOR DAY DATAIR closed 4 5 6 7 8 9 Benefits Forum & Expo/Employee Benefit Adviser Summit (Phoenix AZ) 10 Benefits Forum & Expo/Employee Benefit Adviser Summit (Phoenix AZ) 11 Benefits Forum & Expo/Employee Benefit Adviser Summit (Phoenix AZ) 12 13 14 15 Minimum Funding Contribution 16 17 Form 5500, if on corporate extension 18 19 20 21 22 AUTUMN BEGINS ROSH HASHANAH 23 24 25 26 30 YOM KIPPUR 27 28 29 [see top of page]

10/1/12: PYE 2/29/12 10/15/12: PYE 12/31/11 extended 10/31/12: PYE 3/31/12 October 2012 1 2 3 4 5 6 7 8 COLUMBUS DAY 9 10 11 12 13 14 15-16 17 18 19 20 Final DC contributions (non-corporations). Quarterly DB contributions. 2011 410(b) failure amendment. 2012 PBGC premiums: flat and variable rate for mid-sized plans; variable for large plans. 21 22 23 24 25 26 EID Al ADHA 27 28 ASPPA Annual 29 ASPPA Annual 30 ASPPA Annual 31 ASPPA Annual

11/15/12: PYE 1/31/12 extended 11/30/12: PYE 4/30/12 November 2012 1 2 2012 Simple Plan Notice 3 4 DAYLIGHT SAVING TIME ENDS 5 6 ELECTION DAY 7 8 ASPPA Cincinnati Pension (Covington KY) 9 ASPPA Cincinnati Pension (Covington KY) 10 11 IFEBP Employee Benefits (San Diego CA) 12 IFEBP Employee Benefits (San Diego CA) 13 IFEBP Employee Benefits (San Diego CA) 14 IFEBP Employee Benefits (San Diego CA) 15 16 17 18 19 20 21 22 THANKSGIVING DATAIR closed 23 DATAIR closed 24 25 26 27 28 29 30

12/17/12: PYE 2/29/11 extended 12/31/12: PYE 5/31/12 December 2012 31 Return of 2011 Excess Contributions with 10% penalty. Alternative notice for DB statements. RMD distributions (over age 70½). Deadline for 2012 interim amendments (if required). 1 2013 Safe Harbor notice and 2012 Supplemental Safe Harbor notice. Annual qualified default investment alternative (QDIA) notice. Annual automatic contribution arrangement notice (QACA). 2 3 4 5 6 7 8 9 HANUKKAH 16 IRS FIRE System down for maintenance through end of year 10 11 12 13 14 15 17 18 19 20 21 WINTER BEGINS 15 SAR distributed (if 5500 extension). Notice for PBGC DB Plans electing audit waiver (5500 extended). 22 23 24 30 DATAIR closed 12:00 31 25 CHRISTMAS DAY DATAIR closed 26 KWANZAA BEGINS 27 28 29 [see top of page]