Puerto Rico Notice of Annual Report of Employee Benefits Plans
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How to fill out Notice Of Annual Report Of Employee Benefits Plans?
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FAQ
Each year, the plan administrator of a plan that is not exempt from filing a Form 5500 must provide a summary annual report (SAR) to the participants within nine months after the end of the plan year.
Defined Benefit Plan rules require that employers provide a meaningful benefit to at least 40% of nonexcludable employees. However, the requirement is capped at 50 employees. Additionally, if there are fewer than three employees, all employees must receive a meaningful benefit.
The SAR is required to be distributed within two months of the 5500's due date. If the DOL requests a copy of the SAR to review during an audit and it is not available, the DOL can impose a penalty of $161 per day. The SAR does not have to be translated into a foreign language in its entirety.
Each year, the plan administrator of a plan that is not exempt from filing a Form 5500 must provide a summary annual report (SAR) to the participants within nine months after the end of the plan year.
From an employment law perspective, this means federal statutes such as Title VII, FLSA, ADA, ADEA, FMLA, USERRA, OSHA, ERISA, COBRA, among others, apply to Puerto Rico.
Section 403 of PROMESA modified Section 6(g) of the Fair Labor Standards Act (FLSA) to allow employers to pay employees in Puerto Rico who are under the age of 25 years a subminimum wage of not less than $4.25 per hour for the first 90 consecutive calendar days after initial employment by their employer.
Employers must distribute the SAR to each plan participant covered under the plan during the applicable plan year, including COBRA participants and terminated employees who were covered under the plan. For instance, the Form 5500 (and the associated SAR) filed in 2020 pertain the to the plan that was offered in 2019.
An election to maintain an ERISA Section 1022(i)(2) plan enables the plan to cover both U.S. and Puerto Rican employees.
Employment law in Puerto Rico is covered both by U.S. labor law and Puerto Rico's Constitution, which affirms the right of employees to choose their occupation, to have a reasonable minimum salary, a regular workday not exceeding eight hours, and to receive overtime compensation for work beyond eight hours.
$6.55 / hour Puerto Rico's state minimum wage rate is $8.50 per hour. This is greater than the Federal Minimum Wage of $7.25. You are entitled to be paid the higher state minimum wage.
