# Prop. Treas. Reg. § 301.6057-1: Employee retirement benefit plans; identification of participant with deferred vested retirement benefit. Proposed regulation, not in force. REG-153627-08, 77 FR 37352, published 2012-06-21 . Interprets 26 U.S.C. § 6057. Par. 4. Section 301.6057-1 is amended by: 1. Revising paragraphs (a)(4) and (a)(5)(ii). 2. Removing paragraph (b)(2)(iii) and redesignating paragraph (b)(2)(iv) as (b)(2)(iii). 3. Revising newly designated paragraph (b)(2)(iii). 4. Revising paragraphs (b)(3)(ii), (b)(3)(iii), (c), (d), (f), and (g). The revisions read as follows: Par. 5. Section 301.6057-1 is amended by removing the language “schedule SSA” and adding “Form 8955-SSA” in its place. (a) * * * (4) Filing requirements —(i) In general. Information relating to the deferred vested retirement benefit of a plan participant must be filed on Form 8955-SSA, “Annual Registration Statement Identifying Separated Participants With Deferred Vested Benefits.” Form 8955-SSA shall be filed on behalf of an employee retirement benefit plan for each plan year for which information relating to the deferred vested retirement benefit of a plan participant is filed under paragraph (a)(5) or (b)(2) of this section. There shall be reported on Form 8955-SSA the name and Social Security number of the participant, a description of the nature, form and amount of the deferred vested retirement benefit to which the participant is entitled, and such other information as is required by section 6057(a) or Form 8955-SSA and the accompanying instructions. The form of the benefit reported on Form 8955-SSA shall be the normal form of benefit under the plan, or, if the plan administrator (within the meaning of section 414(g)) considers it more appropriate, any other form of benefit. (ii) General due date for filing. The forms prescribed by section 6057(a), including Form 8955-SSA, shall be filed in the manner and at the time as required by the forms and related instructions applicable to the annual period. (iii) Delegation of authority to Commissioner. The Commissioner may provide special rules under section 6057 (including designating the form used to comply with section 6057) in revenue rulings, notices, or other guidance published in the Internal Revenue Bulletin (see § 601.601(d)(2)(ii)( b ) of this chapter) that the Commissioner determines to be necessary or appropriate with respect to the filing requirements under section 6057. (5) * * * (ii) Exception. Nothwithstanding paragraph (a)(5)(i) of this section, no information relating to the deferred vested retirement benefit of a separated participant is required to be filed on Form 8955-SSA if, before the date such Form 8955-SSA is required to be filed (including any extension of time for filing granted pursuant to section 6081), the participant— (A) Is paid some or all of the deferred vested retirement benefit under the plan; (B) Returns to service covered under the plan; or (C) Forfeits all of the deferred vested retirement benefit under the plan. (b) * * * (2) * * * (iii) Exception. Notwithstanding paragraph (b)(2)(i) of this section, no information relating to a participant's deferred vested retirement benefit is required to be filed on Form 8955-SSA if, before the date such Form 8955-SSA is required to be filed (including any extension of time for filing granted pursuant to section 6081), the participant— (A) Is paid some or all of the deferred vested retirement benefit under the plan; (B) Accrues additional retirement benefits under the plan; or (C) Forfeits all of the deferred vested retirement benefit under the plan. (3) * * * (ii) Inability to determine correct amount of participant's deferred vested retirement benefit. The plan administrator must indicate on Form 8955-SSA that the amount of a participant's deferred vested retirement benefit showed therein may be other than that to which the participant is actually entitled if such amount is computed on the basis of plan records that the plan administrator maintains and such records— (A) Are incomplete with respect to the participant's service covered by the plan (as described in paragraph (b)(3)(i) of this section); or (B) Fail to account for the participant's service not covered by the plan which is relevant to a determination of the participant's deferred vested retirement benefit under the plan (as described in paragraph (b)(3)(i) of this section). (iii) Inability to determine whether participant vested in deferred retirement benefit. Where, as described in paragraph (b)(3)(i) of this section, information to be reported on Form 8955-SSA is to be based upon records which are incomplete with respect to a participant's service covered by the plan or which fail to take into account relevant service not covered by the plan, the plan administrator may be unable to determine whether or not the participant is vested in any deferred retirement benefit. If, in view of information provided either by the incomplete records or the plan participant, there is a significant likelihood that the plan participant is vested in a deferred retirement benefit under the plan, information relating to the participant must be filed on Form 8955-SSA with the notation that the participant may be entitled to a deferred vested benefit under the plan, but information relating to the amount of the benefit may be omitted. This paragraph (b)(3)(iii) does not apply in a case in which it can be determined from plan records maintained by the plan administrator that the participant is vested in a deferred retirement benefit. Paragraph (b)(3)(ii) of this section, however, may apply in such a case. (c) Voluntary filing —(1) In general. The plan administrator of an employee retirement benefit plan described in paragraph (a)(3) of this section, or any other employee retirement benefit plan (including a governmental plan within the meaning of section 414(d) or a church plan within the meaning of section 414(e)), may, at its option, file on Form 8955-SSA information relating to the deferred vested retirement benefit of any plan participant who separates at any time from service covered by the plan. (2) Deleting previously filed information. If, after information relating to the deferred vested retirement benefit of a plan participant is filed on Form 8955-SSA (or a predecessor to Form 8955-SSA), the plan participant is paid some or all of the deferred vested retirement benefit under the plan or forfeits all of the deferred vested retirement benefit under the plan, the plan administrator may, at its option, file on Form 8955-SSA (or such other form as may be provided for this purpose) the name and Social Security number of the plan participant with the notation that information previously filed relating to the participant's deferred vested retirement benefit should be deleted. (d) Filing incident to cessation of payment of benefits —(1) In general. No information relating to the deferred vested retirement benefit of a plan participant is required to be filed on Form 8955-SSA if before the date such Form 8955-SSA is required to be filed, some of the deferred vested retirement benefit is paid to the participant, and information relating to a participant's deferred vested retirement benefit which was previously filed on Form 8955-SSA (or a predecessor to Form 8955-SSA) may be deleted if the participant is paid some of the deferred vested retirement benefit. If payment of the deferred vested retirement benefit ceases before all of the benefit to which the participant is entitled is paid to the participant, information relating to the deferred vested retirement benefit to which the participant remains entitled shall be filed on the Form 8955-SSA filed for the plan year following the last plan year within which a portion of the benefit is paid to the participant. (2) Exception. Notwithstanding paragraph (d)(1) of this section, no information relating to the deferred vested retirement benefit to which the participant remains entitled is required to be filed on Form 8955-SSA if, before the date such Form 8955-SSA is required to be filed (including any extension of time for filing granted pursuant to section 6081), the participant— (i) Returns to service covered by the plan; (ii) Accrues additional retirement benefits under the plan; or (iii) Forfeits the benefit under the plan. * * * * * (f) Penalties. For amounts imposed in the case of failure to file the report of deferred vested retirement benefits required by section 6057(a) and paragraph (a) or (b) of this section, see section 6652(d)(1). (g) Effective/applicability date —(1) In general. Except as otherwise provided in this paragraph (g), this section is applicable for filings on or after June 21, 2012. (2) Special effective date rules for periods before the general effective date. Section 301.6057-1 of this chapter, as it appeared in the April 1, 2008 edition of 26 CFR part 301, applies for periods before the general effective date.