Department of the Treasury - Internal Revenue Service OMB Number Form 15315 Annual Certification for Multiemployer 1545-2111 (December 2022) Defined Benefit Plans This Form is required to be filed under Internal Revenue Code (IRC) Section 432(b)(3) Complete all entries in accordance with the instructions For calendar plan year or fiscal plan year beginning and ending Part I – Basic Plan Information 1a. Name of plan 1b. Three-digit plan number (PN) 1c. Plan sponsor’s name 1d. Employer identification number (EIN) 1e. Plan sponsor’s telephone number 1f. Plan sponsor's address, city, state, ZIP code Part II – Plan Actuary’s Information 2a. Plan actuary’s name 2b. Plan actuary’s firm name 2c. Plan actuary’s firm address, city, state, ZIP code 2d. Plan actuary’s enrollment number 2e. Plan actuary’s telephone number Part III – Plan Status 3. Check the appropriate box to indicate the plan’s IRC Section 432 status Neither endangered nor critical Not endangered due to special rule in IRC Section 432(b)(5) Endangered Critical due to election under IRC Section 432(b)(4) Seriously endangered Plans that are not currently in critical status, but are projected to be in critical status within the next five years under 432(b)(3)(D)(v) Critical Critical and declining Part IV – Scheduled Progress in Funding Improvement Plan or Rehabilitation Plan 4. Check the appropriate box to indicate whether the plan is making the scheduled progress in meeting the requirements of an applicable funding improvement plan (FIP) or rehabilitation plan (RP) Yes No N/A Funding Improvement Plan Rehabilitation Plan Part V – Sign Here Statement by Enrolled Actuary To the best of my knowledge, the information supplied in this actuarial certification is complete and accurate. As required by IRC Section 432(b)(3)(B)(iii), the projected industry activity is based on information provided by the plan sponsor. The projections are based on reasonable actuarial estimates, assumptions and methods that (other than projected industry activity) offer my best estimate of anticipated experience under the plan. Actuary’s signature Date Catalog Number 35051D www.irs.gov Form 15315 (12-2022) |
Page 2 Instructions for Form 15315, Annual Certification for Multiemployer Defined Benefit Plans Purpose of Form The Form 15315, Annual Certification for Multiemployer Defined Benefit Plans, is used to report the actuarial certification of a multiemployer plan’s status. The plan actuary must file this form annually with the IRS to satisfy the reporting requirements of IRC Section 432(b)(3). The Pension Protection Act of 2006 (PPA), Pub. L. 109-280, added IRC Section 432 to the Internal Revenue Code. IRC Section 432(b) generally provides for a determination by the enrolled actuary for a multiemployer plan as to whether the plan is in endangered status or in critical status for a plan year. IRC Section 432(b)(3) requires the plan actuary to submit a certification each plan year to the Secretary of the Treasury and to the plan sponsor. The plan actuary must certify whether the plan is in endangered status for the plan year (or would be in endangered status for the plan year but for the application of the special rule under IRC Section 432(b)(5)); whether the plan is or will be in critical status for the plan year or for any of the succeeding five plan years; and whether the plan is in critical and declining status for the plan year. The certification should include a statement as to whether the plan is making the scheduled progress in meeting the requirements of its funding improvement or rehabilitation plan. The actuarial projections, statements, and exhibits that are relevant to the determination of the plan status can be attached to this form. Who Must File Form The enrolled actuary of a multiemployer plan must annually certify the plan’s status and file this form with the IRS. When to File The Form 15315 must be filed no later than the 90th day after the beginning of the plan year for which the certification is made. Note. If the filing due date falls on a Saturday, Sunday or legal holiday, the Form 15315 may be filed on the next day that is not a Saturday, Sunday or legal holiday. Where to File Submit your certification once per year using only one of the following methods. Mail the form to: Department of the Treasury Internal Revenue Service Employee Plans CHI-7602 - 25th Floor 230 S. Dearborn St. Chicago, IL 60604 Fax the form to Employee Plans at 855-215-7122 Email the form to Employee Plans at EPCU@irs.gov with Multiemployer Certification in the subject line Note. More than one submission will result in duplicate entries. The IRS cannot guarantee security with email submissions. Who Must Sign The plan's enrolled actuary must sign and date the Form 15315. Penalties Any failure of the plan actuary to certify the plan's status by the due date specified in IRC Section 432(b)(3)(A) will be treated for purposes of IRC Section 502(c)(2) of the Employee Retirement Income Security Act of 1974 as a failure or refusal by the plan administrator to file the annual report required to be filed with the Secretary under IRC Section 101(b)(1) of the Act. A penalty of up to $1,100 per day applies. See ERISA section 502(c)(2), 29 CFR 2560.502c-2, and the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Inflation Adjustment Act). Pub. L. No. 114-74; 129 Stat. 599 and the DOL's implementing regulation at 86 FR 2964 (Jan. 15, 2021). The 2015 Inflation Adjustment Act requires agencies to adjust the levels of civil monetary penalties with an initial catch-up adjustment, followed by annual adjustments for inflation. Because the 2015 Inflation Adjustment Act requires the penalty amount to be adjusted annually, be sure to check DOL's website for any possible required inflation adjustments that may have been published in the Federal Register. Specific Instructions Part I - Basic Plan Information Lines 1a and 1b. Enter the formal name of the plan and the three-digit plan number (PN) assigned to the plan. Line 1c. Enter the plan sponsor’s name. Line 1d. Enter the nine-digit employer identification number (EIN) assigned to the plan sponsor. Do not use a Social Security number in lieu of an EIN. A plan sponsor without an EIN must apply for an EIN from the IRS before using Form 15315. Catalog Number 35051D www.irs.gov Form 15315 (12-2022) |
Page 3 Line 1e. Enter the plan sponsor’s telephone number. Line 1f. Enter the plan sponsor’s address including the room or suite number, the street address, the name of the city, the two- character abbreviation of the U.S. State or Possession and the ZIP Code. If this is a foreign address, enter the foreign routing code and country name. Do not abbreviate the country name. Part II - Plan Actuary’s Information Line 2a. Enter the plan actuary’s name. Line 2b. Enter the plan actuary firm’s name. Line 2c. Enter the plan actuary firm’s address including the room or suite number, the street address, the name of the city, the two- character abbreviation of the U.S. State or Possession and the ZIP Code. If this is a foreign address, enter the foreign routing code and country name. Do not abbreviate the country name. Lines 2d and 2e. Enter the plan actuary’s enrollment number and telephone number. Part III - Plan Status Line 3. Check the appropriate box to indicate the plan’s status. See IRC Section 432(b) for determination of the plan’s status. A plan is in endangered status if the plan is not in critical status and is not described in IRC Section 432(b)(5) and, as of the beginning of the plan year, (1) the plan's funded percentage for the plan year is less than 80%, or (2) the plan has an accumulated funding deficiency for the plan year or is projected to have an accumulated funding deficiency in any of the six succeeding plan years (taking into account amortization extensions under IRC Section 431(d)). Under IRC Section 432(j), a plan's funded percentage is the percentage determined by dividing the value of the plan's assets by the accrued liability of the plan. IRC Section 432(b)(5) describes a plan that would be in endangered status for a plan year but for which the plan's actuary certifies that: (1) the plan is projected to not be in endangered status as of the end of the tenth plan year ending after the plan year to which the certification relates; and (2) the plan was not in critical status or endangered status in the immediately preceding plan year. In making the determinations and projections applicable under the endangered and critical status rules, the plan actuary must make projections for the current and succeeding plan years of the current value of the assets of the plan and the present value of all liabilities to participants and beneficiaries under the plan for the current plan year as of the beginning of the year. The actuary's projections must be based on reasonable actuarial estimates, assumptions and methods that offer the actuary's best estimate of anticipated experience under the plan. Any projection of activity in the industry or industries covered by the plan, including future covered employment and contribution levels, must be based on information provided by the plan sponsor, and the plan sponsor must act reasonably and in good faith. The projected present value of liabilities as of the beginning of the year must be based on either the most recent actuarial statement required with respect to the most recently filed annual report or the actuarial valuation for the preceding plan year. A plan is in seriously endangered status if the plan is in endangered status and, as of the beginning of the plan year, (1) the plan's funded percentage for such plan year is less than 80% and (2) the endangered plan has an accumulated funding deficiency for the plan year or is projected to have such an accumulated funding deficiency for any of the six succeeding plan years (taking into account any extension of amortization periods under IRC Section 431(d)). A plan is in critical status for a plan year if it meets any of four specified tests under IRC Section 432(b)(2)(A), (B), (C), and (D). A plan is in critical status for a plan year due to receipt of special financial assistance under IRC Section 432(b)(7) if the plan has received special financial assistance under section 4262 of ERISA in the plan year or an earlier plan year. A plan is in critical status due to the special rule related to benefit suspensions in IRC Section 432(e)(9)(J) if a suspension of benefits under IRC Section 432(e)(9) applies to the plan and the plan has not emerged from critical status. IRC Section 432(e)(9)(J) provides that a plan to which a suspension of benefits under IRC Section 432(e)(9) applies may not emerge from critical status under IRC Section 432(e)(4)(B) until (1) the plan is no longer certified to be in critical or endangered status, and (2) the plan is projected to avoid insolvency under IRC Section 418E. A plan is in critical status due to failure to meet requirements for emergence under IRC Section 432(e)(4)(B) if the plan was in critical status during the prior plan year and the criteria set forth in IRC Section 432(e)(4)(B) for emergence from critical status have not been met. The plan sponsor of a multiemployer plan that is not in critical status and is not described in IRC Section 432(b)(5) for a plan year but that is projected by the plan actuary to be in critical status in any of the succeeding five plan years may, not later than 30 days after the date of the certification, make an election under IRC Section 432(b)(4) for the plan to be in critical status effective for the current plan year. The plan year in which the plan sponsor elects to be in critical status will be treated as the first year in which the plan is in critical status, regardless of the plan year for which the plan first satisfies the criteria for critical status, and a plan that is in critical status under this paragraph will not emerge from critical status except in accordance with IRC Section 432(e)(4)(B). A plan is in critical and declining status if the plan is in critical status for a plan year and the plan is projected to become insolvent within the meaning of IRC Section 418E during the current plan year or any of the 14 succeeding plan years (19 succeeding plan years if the plan has a ratio of inactive participants to active participants that exceeds 2 to 1 or if the funded percentage of the plan is less than 80%). Catalog Number 35051D www.irs.gov Form 15315 (12-2022) |
Page 4 Part IV - Scheduled Progress in Funding Improvement Plan or Rehabilitation Plan Line 4. Check the appropriate box to indicate whether the plan is making the scheduled progress in meeting the requirements of an applicable funding improvement plan or rehabilitation plan. If the actuarial certification is with respect to a plan year that is within the plan's funding improvement period or rehabilitation period arising from a prior certification of endangered or critical status, the actuary must certify whether the plan is making scheduled progress in meeting the requirements of its funding improvement or rehabilitation plan. If the plan is not required to have a Funding Improvement Plan or Rehabilitation Plan, i.e. the funding zone is Neither Endangered nor Critical, this section may be skipped. If the plan is still in the adoption plan period, select “N/A.” In addition, only one selection should be made, depending on the funding zone. “N/A” may be selected for the other. Either a selection of “Yes” or “No” should be made for a Funding Improvement Plan or a Rehabilitation Plan, but not both. Catalog Number 35051D www.irs.gov Form 15315 (12-2022) |