Department of Labor extends deadline for employee benefit plan filings, provides other ERISA compliance guidance. (just in ...).

The U.S. Department of Labor's Pension and Welfare Benefits Administration has announced an extension of the deadline for filing Form 5500s and Form 5500-EZs, and issued general guidance on ERISA compliance regarding employee benefit plans affected by the national disaster on Sept. 11.

The extension applies to plan administrators, employers and other entities who file the Form 5500 and Form 5500-EZ that are located in the areas designated as federal disaster areas because of last month's terrorist attacks. The extension also applies to filers located outside the designated disaster areas who are unable to obtain the information necessary for filing from service providers, banks or insurance companies whose operations are directly affected by the disasters.

Under the extension, those with filings originally due between Sept. 11 and Nov. 30 will be allowed an additional six months plus 120 days to file. Filers currently on an extension that expires between Sept. 11 and Nov. 30 will be allowed an additional 120 days to file. Filers who have difficulty in meeting filing deadlines because of disruption of transportation and delivery of documents by mail or private delivery service resulting from the disasters, and who do not otherwise qualify for the extensions described above, will have until Nov. 15 to make their Form 5500 and 5500-EZ filings. Note that these extensions cannot be extended further by filing a Form 5558.

Filers entitled to the extension relief described above should check Part 1, Box D, on the Form 5500, or Part 1, Box B, on the Form 5500-EZ, and attach a statement labeled "SEPTEMBER 11, 2001 TERRORIST ATTACK" that explains the basis for the extension being claimed. Filers who have additional questions may contact the PWBA Help Desk at 866/463-3278.