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Federal Register / Vol. 86, No. 247 / Wednesday, December 29, 2021 / Rules and Regulations
To implement the SECURE Act section 101 changes, the current instructions including the graphic, in the Form 5500 and Form 5500SF
instructions, as applicable, for Part I, Line A Box for Multiple Employer Plan and graphic entitled MultipleEmployer Plan Participating Employer Information, are replaced with instructions below and two separate graphics. The second graphic, which will appear only in the Form 5500
instructions shows information pooled employer plans must provide in addition to the participating employer information. It may be attached as part of the Multiple-Employer Plan Participating Employer Information attachment or as a separate attachment entitled Pooled Employer Plan Information.
Line ABox for Multiple-Employer Plan. Check this box if the Form 5500
or Form 5500SF is being filed for a multiple-employer plan. A multipleemployer plan is a plan that is maintained by more than one employer and is not one of the plans already described. A multiple-employer plan can be collectively bargained and collectively funded, but if covered by PBGC termination insurance, must have properly elected before September 27,
1981, not to be treated as a multiemployer plan under Code section 414f5 or ERISA sections 337E and 4001a3, and have not revoked that election or made an election to be treated as a multiemployer plan under Code section 414f6 or ERISA section 337G. A single Insert either Form 5500 or Form 5500SF Annual Return/
Report is filed for the multiple-employer plan; participating employers do not file individually for this type of plan.
Following sentence is for Form 5500
Instructions only A pooled employer plan as defined in ERISA section 344
operated by a pooled plan provider that meets the definition under ERISA
section 343 is a multiple-employer plan.21
Note. Do not check this box if all of the employers maintaining the plan are members of the same controlled group or affiliated service group under Code sections 414b, c, or m.
Participating Employer Information.
Insert for Form 5500 Except as provided below, multiple-employer pension plans and multiple-employer welfare plans required to file a Form 5500 or Insert for Form 5500SF
Eligible multiple-employer pension plans that file a Form 5500SF must include an attachment using the format below. The attachment must be properly identified at the top with the label Multiple-Employer Plan Participating Employer Information, and the name of the plan, EIN, and plan number PN as found on the plans Insert Form 5500
or Form 5500SF. Complete as many entries as needed to report the required information for all participating employers in the plan.
All multiple-employer pension plans must complete elements 13 of the Multiple-Employer Plan Participating Employer Information attachment. For element 3, enter a good faith estimate of each employers percentage of the total contributions including employer and participant contributions made by all participating employers during the year. The percentage may be rounded to be nearest whole percentage. To the extent the rounding results in the total reported percentage being either slightly above or slightly below 100 percent, the filer can indicate that on the attachment.
Any employer who was obligated to make contributions to the plan for the
plan year, made contributions to the plan for the plan year, or whose employees were covered under the plan is a participating employer for this purpose. If a participating employer made no contributions, enter 0 in element 3.
Multiple-employer pension plans that are defined contribution plans must also complete element 4 of the Multiple-Employer Plan Participating Employer Information attachment to report the aggregate account balances for each participating employer determined as the sum of the account balances of the employees of such employer and the beneficiaries of such employees.
For element 4, the aggregate account balance attributable to each employer is the sum of the account balances of the employees of such employer and their beneficiaries at the end of the year.
Consistent with the information on the schedules of assets for the plan as a whole, use the end of year valuation to calculate the amount of assets by employer. The amounts can be rounded to the nearest dollar, consistent with other asset reporting on the forms and schedules.
For Form 5500 Instructions Only Multiple-employer welfare plans that are unfunded, fully insured, or a combination of unfunded/insured and exempt under 29 CFR 2520.10444 from the obligation to file financial statements with their annual report are required to complete elements 1 and 2
only of the Multiple-Employer Plan Participating Employer Information attachment.22
For Form 5500 Instructions Only Multiple-employer pension plans that are pooled employer plans must also complete the Pooled Employer Plan Information attachment. The attachment may be attached as part of the Multiple-Employer Plan Participating Employer Information attachment or as a separate attachment entitled Pooled Employer Plan Information. For element 1b, AckID is the acknowledgement code generated by the system in response to a completed Form PR submitted. The instructions to the Form PR advise the pooled plan provider that it must keep, under ERISA
section 107, the electronic receipt for the Form PR filing as part of the records of the pooled employer plans operated by the pooled plan provider.23

21 Pooled employer plans are not eligible to file the Form 5500SF so the instructions describing the pooled employer plans status as a MEP are not being added to the Form 5500SF instructions.

22 This paragraph only applies to multiple employer welfare plans that file the Form 5500, and thus is not needed in the Form 5500SF
instructions.

23 As noted above, because pooled employer plans are not eligible to file the Form 5500SF, this language describing the pooled employer plan attachment is only being added to the Form 5500
instructions.

power and responsibilities among various levels of government. This final rule does not have federalism implications because they would have no substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Section 514 of ERISA provides, with certain exceptions specifically enumerated, that the provisions of Titles I and IV of ERISA
supersede any and all laws of the States as they relate to any employee benefit plan covered under ERISA. The requirements implemented in these rules do not alter the fundamental provisions of the statute with respect to employee benefit plans, and as such would have no implications for the States or the relationship or distribution of power between the national government and the States.
IV. Final Revisions to the Form 5500
and Form 5500SF Instructions for the 2021 Reporting Year
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