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IRS Determination Letter. Plan administrators who want to defer the final distribution of plan assets until 120 days after
receipt of a favorable tax qualification ( on termination) determination letter from the IRS must submit a valid request for the
determination to the IRS by the time the standard termination notice is filed with PBGC.
Voluntary Termination of an Insufficient Plan. A single-employer plan covered by PBGC's termination insurance
program that does not have sufficient assets to satisfy all plan benefits can terminate voluntarily only if the contributing
sponsor(s) and each member of the contributing sponsor's controlled group satisfy the requirements for a distress termination
pursuant to ERISA section 4041(c) and 29 CFR Part 4041, Subpart C. The distress termination rules are described in detail
in a separate PBGC distress termination package, which also contains the necessary forms and instructions.
Payment of PBGC Premiums. Premiums must be paid for a terminating plan through the plan year in which the plan
administrator completes the distribution of plan assets pursuant to the standard termination. Interest and penalties accrue if
premiums are not timely paid, and PBGC may initiate collection actions to obtain payment. To avoid the possibility that
the employer will be out of business or plan records and personnel will not be available by the normal premium due date,
the due date for a terminating plan's final premium is the earlier of:
• The date premiums would have been due had the plan not been terminated, or
• The date the post-distribution certification (i.e., Form 501) is filed.
Questions regarding premiums may be submitted by emailing premiums@pbgc.gov or by phoning (800) 736- 2444 (select
the "premium" option).
A. Computation of Time; Filing and Issuance Rules (see 29 CFR § 4041.3 and 29 CFR Part 4000, Subpart D)
In computing any period of time, if you are counting forward, begin counting on the day after the event occurs and count the
last day of the period. If you are counting backwards, begin counting on the day before the event occurs and count the first
day of the period. If you counted forward and the last day of the period is a weekend or Federal holiday, then the period runs
until the next regular business day after the last day of the period. If an event cannot be more than a certain number of days
before a certain date and the last day of the period is a weekend or Federal holiday, then the period runs until the next regular
business day before the last day of the period.
Note: A proposed termination date may be any day, including a Saturd ,aySunday or Federal holiday.
Example: Suppose you are issuing a notice of intent to terminate. The notice must be issued at least 60 days, but not more
than 90 days, before the proposed termination date. Suppose the 60th day before the proposed termination date is a
Saturday. Your notice is timely if you issue it on the following Monday even though that is only 58 days before the proposed
termination date. Similarly, if the 90th day before the proposed termination date is Monday, September 4, 2017 (a Federal
holiday), your notice is timely if you issue it on Friday, September 1, even though that is 93 days before the proposed
termination date.
1. Filing with PBGC
Filing Methods. You may file PBGC Form 500 (including Schedules EA-S and REP-S) and Form 501 by hand, mail,
commercial delivery service, email to STfilings@pbgc.gov.
Note: Current information on how tofile, including permittedfiling methods, mail and email addresses is on PBGC's
website at https:/lwww.pbgc.gov. Under all filing methods, the Form 500 (including Schedule EA-S, REP-S, and
notices) must be submitted together.
Filing Date. Your filing date will be the date you send your filing (the "send date"), provided you meet certain requirements
that are summarized below. If you do not meet these requirements, your filing date is the date the PBGC receives your
submission. (If you file your submission by hand, your filing date is the date ofreceipt of your hand-delivered submission at
the proper address.)
If PBGC receives your submission after 5:00 p.m. (Washington, D.C. time) on a business day, or anytime on a weekend or
Federal holiday, PBGC treats it as received on the next business day.
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