This package contains: Schedule MP MISSING PARTICIPANTS Attachment A Attachment B Payment Voucher FILING INSTRUCTIONS Instructions THE FORMS AND INSTRUCTIONS IN THIS BOOKLET APPLY TO STANDARD AND DISTRESS TERMINATIONS WITH MISSING PARTICIPANTS. YOU WILL ALSO NEED THE STANDARD OR DISTRESS TERMINATION PACKAGE, AS APPLICABLE. Paperwork Reduction Table of Contents Page Act Notice PBGC needs the information required by Schedule MP I. OVERVIEW 2 (and applicable attachments) to administer the Missing II. GENERAL INSTRUCTIONS FOR Participants Program. Section 4050 of the Employee MISSING PARTICIPANT FORMS 3 Retirement Income Security Act of 1974 provides for the A. Who Must File 3 Missing Participants Program to assist plan administrators B. What to File and Pay 3 in closing out plans and to help participants and C. When to File and Pay 3 beneficiaries, who could not be located when plan benefits 1. In General 3 were being distributed, to obtain their benefits. PBGC 2. Due Dates for Later Filings 4 will use the information to direct Missing Participants for 3. Filing Methods and Filing Date 4 whom annuity contracts were purchased to the appropriate 4. Requests for Deadline Extensions 5 insurance company; to locate and pay Missing Participants D. Where to File and Pay 5 for whom benefits were paid to PBGC; and to monitor 1. Where to File 5 and audit compliance. You are required to provide this 2. Where to Pay 5 information pursuant to section 4050 of ERISA and 29 3. Penalties and Interest 6 CFR Part 4050. The information provided to PBGC may E. Forms and Instructions; Contacting Us 6 be subject to disclosure under the Freedom of Information F. Recordkeeping Requirements 6 Act or protected from disclosure by the Privacy Act, as applicable. III. SPECIFIC INSTRUCTIONS FOR MISSING PARTICIPANT FORMS 6 This collection of information has been approved by the A. Schedule MP 6 Office of Management and Budget (OMB) under control 1. Plan Identification Information 6 number 1212-0036. An agency may not conduct or sponsor, 2. Missing Participant Information 6 and a person is not required to respond to, a collection 3. Amounts Due to PBGC 7 of information unless it displays a currently valid OMB B. Attachment A control number. (Annuity Purchase Information) 7 C. Attachment B (Individual Information) 8 PBGC estimates that it will take an average of 26 1. Plan Identification Information 8 minutes of the plan administrator’s time and cost 2. Identification of Missing Participant 8 the plan administrator $654 per plan to comply with 3. Amounts Due to PBGC 8 standard termination paperwork requirements, including 4. Missing Participant Who is a Participant requirements for Missing Participants. (See PBGC’s And Whose Benefit Was Not in Pay Status 11 Distress Termination Package for burden estimates for 5. Missing Participant Who is a Beneficiary distress terminations.) These are estimates and the actual and Whose Benefit Was Not in Pay time will vary depending on the circumstances of a given Status 11 plan. 6. Missing Participant Who Was in Pay Status 11 If you have comments concerning the accuracy of these 7. Enter Check Marks for All Documents which are estimates or suggestions for making the forms simpler, attached 11 please send your comments to the Office of the General Table of Plan Benefit Forms 12 Counsel, Pension Benefit Guaranty Corporation, 1200 K Street, NW, Washington, DC 20005-4026. Appendix A: Examples of Designated Benefit Determinations 13 |
Overview I. OVERVIEW defined in 29 CFR § 4050.4. A diligent search must — • Begin not more than 6 months before notices of intent PBGC has established a Missing Participants Program for to terminate are issued; single-employer defined benefit pension plans subject to Title IV of ERISA. This program helps terminating plans distribute • Be carried on in such a manner that if the individual Missing Participants’ benefits and helps Missing Participants is found, distribution can reasonably be expected to receive their benefits. A Missing Participant is a participant or be made on or before the deemed distribution date beneficiary (including a participant’s spouse or alternate payee) (see Appendix A of Standard Termination or Distress entitled to a distribution under a terminating plan whom, after Termination Instructions (Glossary of Terms), for a diligent search, the plan administrator has not located as of definition); the date the plan administrator pays the individual’s designated • Include inquiry of any plan beneficiaries (including benefit to the PBGC (or distributes the individual’s benefit alternate payees) of the Missing Participant whose by purchasing an irrevocable commitment from an insurer). names and addresses are known to the plan admin- In the absence of proof of death, individuals not located are istrator; and presumed living. • Include use of a commercial locator service to search for the Missing Participant (without charge to the Note: You may use the PBGC’s Missing Participants Missing Participant or reduction of the Missing Par- Program for a participant or beneficiary only if you are unable to locate the person after a diligent search (see Step ticipant’s plan benefit). 1, below). The mere fact that a person fails to return an Step 2: Method(s) of Distribution election form or cash a check does not mean the person is Determine for each Missing Participant whether you a “Missing Participant.” Unless a person is a “Missing will distribute the benefits of that Missing Participant by Participant,” you must, in accordance with all applicable purchasing an irrevocable commitment from an insur- requirements under the Code and ERISA, distribute plan ance company or by paying the value of the Missing assets in satisfaction of all plan benefits by purchase of an Participant’s benefit to PBGC. irrevocable commitment from an insurer or by distributing benefits to the person in another permitted form. Step 3: Deemed Distribution Date Select a deemed distribution date and calculate the value of the Missing Participants’ benefits as of that date using Note: The Pension Protection Act of 2006 (PPA 2006) the rules in PBGC’s Missing Participants regulation (see amended section 4050 of ERISA to expand the Missing 29 CFR §§ 4050.5 and 4050.12). The deemed distribution Participants Program to cover multiemployer plans, date must be no later than the distribution deadline, includ- small professional service employer plans (25 or fewer ing extensions, under 29 CFR § 4041.28(a), and no earlier active participants), and individual account plans (such than the date when distributions have been completed for as 401(k) plans). The changes will be effective after all other participants and beneficiaries (including Missing PBGC issues final regulations implementing the PPA Participants for whom you provide annuities). (See section change. III.A. Part II.3.c., below.) The instructions provided below do not reflect the changes Note: If, late in the distribution period, you locate a made by PPA. PBGC will issue new forms and instruc- participant or beneficiary or learn that a participant or tions in connection with the final regulations implement- beneficiary cannot be located, you may request an exten- ing the PPA change. sion of the distribution deadline, if necessary. To request a deadline extension, see instructions in Section II.J of the Standard Termination Package or Section C of Appendix In the following, the terms “you” and “plan administrator” C of the Distress Termination Package. are used interchangeably. However, there is only one deemed distribution date for You must follow specific steps in distributing the benefits any plan filing. If an extention is granted, and with it of Missing Participants on plan termination. These steps are deemed distribution date is changed, then the extention briefly summarized below. Sections II and III below provide date is the deemed distribution date for the plan filing. If detailed instructions. an amended standard termination is filed for the plan, the same deemed distribution date will apply to the amendd Step 1: Diligent Search filing. Conduct a diligent search for all participants and benefi- ciaries whom you could not locate. “Diligent search” is Step 4: Forms and Payments Complete Schedule MP and the applicable attachment(s) 2 |
General Instructions and send them to PBGC with the Post-Distribution Certifi- you should ensure that an appropriate response is provided for cation. These forms must contain information required by each item, as follows: PBGC to identify and locate Missing Participants to whom it will pay benefits, to compute and pay those benefits, and 1. If an item requests a numeric response, a number must be to direct individuals for whom the plan purchased annuities entered. to the appropriate insurance company. 2. If an item provides a box or boxes to be checked, a check should be entered (written responses are not acceptable). If you are sending payment to PBGC for one or more Missing Participants, you may submit a check with your 3. No additions or deletions may be made to the certifications Missing Participant Payment Voucher or arrange for a wire required to be signed by the plan administrator or enrolled transfer and indicate on your Missing Participant Payment actuary. Voucher the amount that has been transferred. See section 4. All information requested by an item must be provided, II.D.2 for payment information. The filing deadline for e.g., Missing Participants’ full names; complete addresses Schedule MP, for the Post-Distribution Certification, and where requested. for payment of designated benefits to PBGC is 30 days after the deemed distribution date. 5. If requested information is not available, write “N/A” in the space provided or next to the question. If you purchased annuities for all Missing Participants and are not paying designated benefits to PBGC, the PBGC will accept the original pre-printed forms, photocopies deadline for filing Schedule MP and the Post-Distribution of the forms, or downloaded forms. However, Schedule MP Certification is 30 days after the last distribution of assets must have an original signature. For this reason, Schedule MP in satisfaction of plan benefits (through priority category 6 cannot be faxed or e-mailed to PBGC. See II.C.3. for filing under section 4044 of ERISA and 29 CFR Part 4044). instructions for this form. Note: PBGC may assess a penalty for late filing of Sched- A. Who Must File ule MP. However, PBGC will do so only to the extent the If your plan is terminating in a standard termination (or in a information is filed more than 90 days after the distribution distress termination in which the plan is sufficient for at least deadline (including extensions) (see section II.H.1 of the guaranteed benefits and closes out in the private sector), you Standard Termination Package or section C of Appendix C must file Schedule MP with PBGC if you have one or more of the Distress Termination Package.) Also, PBGC will as- Missing Participants. PBGC will apply this filing requirement sess interest for late payment of amounts for Missing Partic- to participants or beneficiaries who are eligible for a distribu- ipants only to the extent the payment is made more than 90 tion of residual assets, voluntary employee contributions, or are days after that distribution deadline (including extensions). entitled to a distribution after a PBGC plan audit but cannot be located, after a diligent search, at the time the distribution This package contains (1) Missing Participant filing instruc- is to be made. See section II.C.2 with regard to distributions tions, and (2) Schedule MP, including Attachment A (Annuity of residual assets, voluntary employee contributions, or after Purchase Information), Attachment B (Individual Information an audit, a diligent search is not required if an earlier diligent for Missing Participants for whom amounts are paid to PBGC), search was done and the individual was not found, i.e., the and a Missing Participant Payment Voucher to submit with individual was determined to be a Missing Participant. payment to PBGC. B. What to File and Pay The specific rules for distributing benefits for Missing Participants are set forth in section 4050 of ERISA and in You must file Schedule MP, including Attachment A (Annuity PBGC’s regulation on Missing Participants (29 CFR Part Purchase Information), Attachment B (Individual Information), 4050), which are available on PBGC’s website, www.pbgc. or both, as applicable. File Attachment A if the plan purchased gov, along with Missing Participant forms and instructions. an irrevocable commitment for one or more Missing Partici- pants. File a separate Attachment B for each Missing Participant Note: If, after paying a designated benefit to PBGC for for whom amounts are due to PBGC. You must send payment a Missing Participant, you are contacted by that Missing of the total of the amounts on the Attachment B(s) to PBGC, Participant, please refer the individual to PBGC’s Cus- together with a Payment Voucher. tomer Contact Center (800-400-7242) for payment of the individual’s benefit. C. When to File and Pay II. GENERAL INSTRUCTIONS FOR MISSING PARTICIPANT FORMS 1. In General. The filing due date for the Schedule MP (in- cluding attachments) and payment of designated benefits PBGC may assess penalties for incomplete filings. Therefore, (including Payment Voucher) is the same as for the Post- 3 |
General Instructions Distribution Certification. Schedule MP in electronic form, contact PBGC using the contact information in part E, below. When you have 100 or 2. Due Dates for Later Filings. In some cases, after you more Missing Participants, PBGC strongly encourages you have already filed the Post-Distribution Certification, you to file the attachments (Attachments A and B) to Schedule may be required to file a Schedule MP (including applicable MP by submitting a CD or DVD. Complete rules on filing attachment(s) and payment), or an amended Schedule MP methods and on how PBGC determines your filing date if a Schedule MP was previously filed. Where there are are on PBGC’s website, www.pbgc.gov (at “Practitioners” one or more persons whom you cannot locate, after a page, select “Law & Regulations” on left menu bar). diligent search, at the time benefits must be distributed in Your filing date will be the date you send your filing (the the following situations, the following due dates apply: “send date”), provided you meet certain requirements that (a) Residual Assets. If residual assets remaining after the are summarized below. If you do not meet these require- satisfaction of all plan benefits through priority cat- ments, your filing date is the date PBGC receives your egory 6 (under section 4044 of ERISA and 29 CFR submission. (If you file your submission by hand, your Part 4044) are owed to one or more persons whom you filing date is the date of receipt of your hand-delivered cannot locate after a diligent search (unless one was submission at the proper address.) done earlier), you must submit a Schedule MP (includ- If PBGC receives your submission after 5:00 p.m. (Wash- ing Attachments A and B, as applicable), any amounts ington, D.C. time) on a business day, or anytime on a that will be paid to PBGC, and a Payment Voucher weekend or Federal holiday, PBGC treats it as received no earlier than the date when the Post-Distribution on the next business day. Certification is filed with PBGC, and no later than the 30th day after the date on which all residual assets have Filings by mail. If you file your submission using the been distributed to all participants and beneficiaries U.S. Postal Service, your filing date is the date you mail other than Missing Participants. your submission by the last collection of the day, pro- vided that the submission: (1) meets the applicable postal Note: If you previously filed the Post-Distribution requirements; (2) is properly addressed; and (3) is sent by Certification and are using the Missing Participants First-Class Mail (or another class that is at least equivalent). Program to provide residual assets with respect to If you mail the submission after the last collection of the a person who cannot be located at the time residual day, or if there is no scheduled collection that day, your assets are distributed, file only Schedule MP (with filing date is the date of the next scheduled collection. If applicable attachment(s)) and, if appropriate, a Pay- you meet these requirements, PBGC makes the following ment Voucher. Do not file a new Post-Distribution presumptions: Certification (Form 501 or Form 602). Legible postmark date. If your submission has a legible (b) PBGC Audit of Plan Termination. If, pursuant to an U.S. Postal Service postmark, PBGC presumes that the audit of the plan termination, amounts are owed to postmark date is the filing date. one or more persons whom you cannot locate after Legible private meter date. If your submission has a legible a diligent search (unless one was done earlier), you postmark made by a private postage meter (but no legible must submit a Schedule MP (with applicable attach- U.S. Postal Service postmark) and arrives at the proper ments) and any amounts that will be paid to PBGC, address by the time reasonably expected, PBGC presumes along with a Payment Voucher, by the date specified that the metered postmark date is your filing date. by PBGC in connection with the audit, unless PBGC grants an extension. You may prove an earlier send date. Filings using a commercial delivery service. If you 3. Filing Methods and Filing Date. You may file Sched- file your submission using a commercial delivery service, ule MP (including attachments) and make payments to your filing date is the date you deposit your submission PBGC by hand, mail, or commercial delivery service. In by the last scheduled collection of the day for the type of addition, in some circumstances, the attachments may be delivery you use (such as two-day delivery or overnight filed electronically. delivery) with the commercial delivery service, provided Note: Schedule MP may not be faxed or e-mailed that the submission meets the applicable requirements of to PBGC because this form requires an original the commercial delivery service and is properly addressed, signature. and the delivery service meets one of the requirements listed below. If you deposit it later than that last scheduled collection of the day, or if there is no scheduled collection The discussion below describes the rules for filings other that day, your filing date is the date of the next scheduled than electronic filings. For information on wire transfers, collection. The delivery service must meet one of the fol- see section D.2.(b). If you want to file attachments to 4 |
General Instructions lowing requirements: Delivery within two days. It must be reasonable to expect D. Where to File and Pay your submission will arrive at the proper address by 5:00 p.m. on the second business day after the next scheduled 1. Where to File. File the Schedule MP (including any collection; or required attachments) with the Post-Distribution Certifica- Designated private delivery service. You must use a tion. Send the forms to: “designated private delivery service” within the meaning of § 7502(f) of the Code. PBGC’s website, www.pbgc. Pension Benefit Guaranty Corporation gov, lists those designated private delivery services (at Standard Termination Compliance Division the “Practitioners” page select “Contact Us” tab, “More 1200 K Street, NW contact information for practitioners,” and then “Com- Washington, DC 20005-4026 mercial delivery services”). You should make sure that both the provider and the particular type of delivery (such 2. Where to Pay. as two-day delivery) are designated. (a) Checks. Send payment for designated benefits and/or other amounts 4. Requests for Deadline Extensions. PBGC may in with a completed Payment Voucher to the appropriate lock- its discretion extend a deadline for taking a required action box address below. Make the check payable to the Pension to a later date. PBGC will grant such an extension where Benefit Guaranty Corporation and write the plan’s EIN/PN it finds compelling reasons why it is not administratively and PBGC Case Number on your check. Send one check feasible for you (or other persons acting on your behalf) for the plan, not separate checks for each participant. to take the action until the later date and the delay is brief. PBGC will consider (1) the length of the delay and (2) The amount you pay to the PBGC with this filing Note: whether ordinary business care and prudence in attempting must equal the amount entered in column (1) of item 4c to meet the deadline was exercised. of Schedule MP (this is the same amount that should be Note: PBGC will not extend the following statutory dead- entered in item 3a of the Missing Participant Payment lines: (1) that the Notice of Intent to Terminate (NOIT) be Voucher). The amount entered in column (1) of item 4c of issued not less than 60 days before the proposed termina- Schedule MP must equal the sum of all amounts entered tion date, (2) that the Notice of Plan Benefits (NOPB) be in column (1) of item 3c of the Attachments B (Individual issued by the time the plan administrator files the standard Information) submitted with this filing. termination notice with PBGC, and (3) that the Post-Dis- tribution Certification be filed with PBGC within 30 days If you are using the U.S. Postal Service: after the last distribution date. (Although PBGC may assess a penalty for late filing of a Post-Distribution Certifica- Pension Benefit Guaranty Corporation tion, it will do so only to the extent the Post-Distribution P.O. Box 979114 Certification is filed more than 90 days after the distribu- St. Louis, MO 63197-9000 tion deadline (including extensions) described in section II.H.1. of the Standard Termination Package and section If you are using a delivery service other than the U.S. Postal C of Appendix C of the Distress Termination Package.) Service: PBGC Missing Participants If you file a request for an extension with PBGC later than Box 979114 the 15th day before the applicable deadline, you must U.S. Bank Government Lockbox include a justification for not filing the request earlier. 1005 Convention Plaza SL-MO-C2GL Requests for extensions must be in writing and — St. Louis, MO 63101 Addressed to: Pension Benefit Guaranty Corporation (b) Wire transfers. Standard Termination Compliance Division Send wire transfer to: Processing and Technical Assistance Branch 1200 K Street, NW U.S. Bank Washington, DC 20005-4026 Routing: 081000210 Account: 152310875843 E-mailed to: standard@pbgc.gov; or Beneficiary: PBGC Faxed to: (202) 326-4001 Payment ID line: (MP, the plan’s EIN/PN, and the stan- dard termination case number) 5 |
Schedule MP Please use the following format: maintains information in accordance with this requirement, “MP, EIN/PN:XX-XXXXXXX/XXX, CN:XXXXXXXX” the other party need not maintain that information. 3. Penalties and Interest. If a plan administrator fails For each Missing Participant, these records must include all to provide any required information within the specified evidence of a diligent search, and all underlying data (includ- time limit, PBGC may assess a penalty of up to $1,100 a ing worksheets prepared by or at the direction of the enrolled day for each day that the failure continues. However, it actuary) used in determining the amount, form, and value of will do so only to the extent the information is filed more plan benefits. than 90 days after the distribution deadline (including extensions) determined under 29 CFR § 4041.28(a) or Within 30 days after receipt of PBGC’s written request for § 4041.50, whichever applies, for closeout of a plan. Also, records or by a later date specified in the request, the con- PBGC will assess interest for late payment of amounts tributing sponsor or plan administrator, as applicable, must for Missing Participants only to the extent the payment make all such records available to PBGC for inspection and is made more than 90 days after the distribution deadline. photocopying (or, for electronic records, inspection, electronic See 29 CFR § 4050.6(b) and PBGC’s Statement of Policy copying, and printout) at the location where they are kept (or on ERISA section 4071 penalties, 60 Fed. Reg. 36,837 another, mutually agreeable, location), or must submit copies (July 18, 1995). of the records to PBGC. III. SPECIFIC INSTRUCTIONS E. Forms and Instructions; Contacting Us You may obtain forms and instructions from PBGC’s website A. Schedule MP at www.pbgc.gov. If you previously filed one or more Schedule MPs for this If you have any questions about Missing Participants, standard plan, check the box immediately below “PART I.” If you terminations, or distress terminations, or if you need copies checked the box, provide the date(s) of any filing(s). of this Missing Participant Package, the Standard Termina- tion Package, or the Distress Termination Package, call the Note: If this filing is an amended Schedule MP, you must toll-free telephone number at PBGC’s Customer Service file an amended Form 501 (if you filed a standard termina- Center for Plan Administrators and Pension Professionals (1- tion) or an amended Form 602 (if you filed a distress ter- 800-736-2444). (TTY/TDD users may call the Federal relay mination that is sufficient for at least guaranteed benefits) service toll-free at 1-800-877-8339 and ask to be connected to unless you are using the Missing Participants Program 1-800-736-2444.) to provide residual assets with respect to a person who cannot be located at the time residual assets are payable. E-mail addresses: See Note on p. 6. Standard Terminations (standard@pbgc.gov) — Questions about Missing Participants in a standard Part I. Plan Identification Information termination. Distress Terminations (distress.term@pbgc.gov) — 1a Enter the complete name of the plan as it appears in the Questions about Missing Participants in a distress plan document. termination. 1b-c Enter the 9-digit employer identification number (EIN) Fax: (202) 326-4001 assigned to the contributing sponsor by the Internal Revenue Service for income tax purposes and the 3-digit plan number (PN) assigned by the plan sponsor. F. Recordkeeping Requirements Each contributing sponsor and the plan administrator of a termi- 1d Enter the PBGC case number. nated plan must maintain all records necessary to demonstrate Part II. Missing Participant Information compliance with section 4041 of ERISA and 29 CFR Part 4041 2a Enter the name and address (mailing or internet) of the for six years after the date the Post-Distribution Certification commercial locator service used. If more than one service is filed with PBGC. For rules on maintaining records elec- was used, attach sheet with this information for each tronically, see 29 CFR Part 4000, Subpart E (also available on service used. PBGC’s website, www.pbgc.gov at the “Practitioners” page, select “Law & Regulations” on left menu bar). 3a-b Enter the number of Missing Participants for whom ir- revocable commitments were purchased, and the number Note: If a contributing sponsor or the plan administrator of Missing Participants for whom amounts are being paid 6 |
Schedule MP to PBGC. Enter zero in 3a if no annuities were purchased or an amended submission. for Missing Participants, and zero in 3b if no amounts are For items – being paid to PBGC. Entries are required in both 3a and 4a (Total amount of designated benefits), 3b. 4b (Total of other amounts due for Missing Participants) Entries are required in both columns (1) and (2) as well and if this submission is an amended Schedule MP. 4c (Total amount due to PBGC for Missing Participants), (1) If this is your first submission of a Schedule the numbers entered in column (1) should equal the sum MP, the same numbers should be entered in columns of the amounts in items 3a, 3b, and 3c, respectively, of all (1) and (2), and the numbers entered should be con- Attachments B (Missing Participant Individual Informa- sistent with the Missing Participants reported on the tion) submitted with this filing. Attachments A and/or B that are attached. If this filing is your first submission of a Schedule MP, (2) If this submission is an amended Schedule the same numbers should be entered in columns (1) and MP, Attachments A and/or B for only those Miss- (2). ing Participants for whom you are reporting ad- ditional or revised information with the amended If this is an amended submission, the numbers entered filing should be attached. in column (2) for items 4a, 4b, and 4c, should equal the sum of the amounts in items 3a, 3b, and 3c, respectively, The numbers entered in column (1) should be a of all Attachments B that you have submitted to PBGC, count of only those Missing Participants reported in this filing and all earlier filings. on Attachments A and/or B that are attached. 4d-e Enter in 4d the date designated benefits in 4a were sent The entries in column (2) should be a count of all to PBGC. Missing Participants reported on Attachments A and/ or B that you have submitted to PBGC, in this filing For 4e, compare the date in 4d with that entered in 3c. Is and all earlier filings. the date in 4d more than 90 days after the date in 3c? 3c The deemed distribution date is (1) the distribution dead- If “Yes,” interest will be assessed by PBGC from the 91st line (including extensions) or (2) if the plan administrator day after the date in 3c until the date when the payment selects an earlier date that is no earlier than the date when was received by PBGC. PBGC will issue a bill to you for all distributions have been made under the plan except the amount of the assessed interest and you will have 30 for distributions to Missing Participants whose designated days from the date of PBGC’s bill to pay without incurring benefits are paid to PBGC, such earlier date. The distribu- further interest. tion deadline (including extensions) is described in section II.H.1 of the Standard Termination Package and section Part IV. Plan Administrator Certification C of Appendix C of the Distress Termination Package. Part IV should be completed and signed by the plan’s admin- Note: If the only amounts you are distributing or have istrator. distributed to Missing Participants are residual as- sets or voluntary employee contributions i.e., you have Part V. Enrolled Actuary Certification never paid designated benefits to PBGC or purchased annuities for any Missing Participant in the plan, enter If only an Attachment A is attached to the Schedule MP, i.e., “00/00/0000” for the deemed distribution date. all distributions to Missing Participants in this filing were by the purchase of irrevocable commitments, Part V does not Part III. Amounts Due to PBGC need to be completed. If any benefits were paid to PBGC for 4a-c The same instructions that applied to items 3a and 3b Missing Participants in this filing, Part V should be completed above apply to items 4a-4c (if the amount in any item is and signed by an Enrolled Actuary. zero, enter zero; do not leave blank). As was done for items 3a and 3b above, entries are required in both columns (1) B. Attachment A (Annuity Purchase Infor- and (2), and what is entered in each column depends on mation) whether this is your first submission of a Schedule MP, File Attachment A (Annuity Purchase Information) with the Schedule MP if the plan purchased irrevocable commitments 7 |
Schedule MP for one or more Missing Participants. See II.C.3 above if you Part II. Identification of Missing Participant have 100 or more Missing Participants. If you previously filed one or more Attachments B for this individual, check the box immediately below “PART II.” Note: If irrevocable commitments were purchased from more than one insurer, complete a separate Attachment A 2a-g Enter the requested identification information for the for each insurer. Missing Participant. If you previously filed one or more Attachments A for this Part III. Amounts Due to PBGC plan, check the box immediately below “PART I.” Note: Where amounts are requested for items 3a-3d, if Part I. Plan Identification Information the amount in any item is zero, enter zero; do not leave The information entered in Part I should be the same as that blank. As was done for items 4a-4c on the Schedule MP, entered in Part I of the Schedule MP. entries are required in both columns (1) and (2). What is entered in each column depends on whether this is your first submission of an Attachment B for this individual, or Part II. Insurance Company Information if you previously filed an Attachment B for this individual. 2a-d Enter name and address of insurer, and the name, telephone number and e-mail of your contact at the insurer. Please If this is your first submission of an Attachment B for verify that the information provided is the most current this individual, the same amounts should be entered in information available. columns (1) and (2) for items 3a-3d. 2e Enter the policy number with the insurer. If you previously filed an Attachment B for this indi- vidual, the responses entered in column (1) for items 3a-3c should reflect only the revised or additional information Part III. Annuitized Missing Participant Information that you are reporting for this individual in this filing. The For each Missing Participant listed in Part III, enter the full entries in column (2) should reflect the responses of all name, Social Security Number, and date of birth of the Miss- Attachments B that you have submitted to PBGC, in this ing Participant and, if applicable, of the Missing Participant’s filing and all earlier filings. spouse or beneficiary. Also enter the certificate number for the Missing Participant’s annuity. 3 A. Category of designated benefit (see 29 CFR § 4050.5) Determine the category of the Missing Participant’s des- For the Missing Participant’s Monthly Benefit, enter the ignated benefit from the following list and check one of monthly benefit payable in the plan’s normal form at the Miss- the boxes under item 3a: ing Participant’s normal retirement age. The normal form is the (1) Mandatory lump sum. The terms of the plan require form in which the benefit is typically paid under plan provisions automatic cash out of this Missing Participant. The manda- (generally a single-life or joint-life annuity). If the Missing tory lump sum amount must be no greater than the plan’s Participant is an alternate payee or other beneficiary, enter the cash out limit for de minimis benefit amounts, which may monthly benefit amount payable at the earliest date the alternate not exceed the dollar limit under § 411(a)(11) of the Code payee or other beneficiary may begin receiving benefits. If the (currently $5,000). This category must not be checked Missing Participant was in pay status, enter the monthly benefit if the amount is greater than the plan’s cash out limit. amount that was in pay status. (2) De minimis lump sum. The terms of the plan do not require an automatic cash out of this Missing Participant, C. Attachment B (Missing Participant Indi- the amount is $5,000 or less when calculated under B.(2) vidual Information) below, and the benefit was not in pay status as of the deemed distribution date. This category must not be File an Attachment B (Missing Participant Individual Informa- checked if the amount exceeds $5,000. tion) with the Schedule MP for each Missing Participant for whom an amount is due to PBGC. On each Attachment B, enter (3) No lump sum. The terms of the plan require that only the sequence number of the attachment in terms of the total an annuity may be paid for this Missing Participant. number of Attachments B that are submitted with this filing. (4) Elective lump sum. The benefit of this Missing Partici- See II.C.3 above if you have 100 or more Missing Participants. pant is not described in the first three categories. Note: If the designated benefit category includes any Part I. Plan Identification Information amount attributable to mandatory employee contribu- The information entered in Part I should be the same as that tions, check the designated benefit category applicable entered in Part I of the Schedule MP. to the whole accrued benefit - do not check category 4 (Elective lump sum) merely because the participant 8 |
Schedule MP may choose to withdraw mandatory employee contri- provided for in 29 CFR § 4044.52(d); and butions in a lump sum. (e) by adding $300, as an adjustment (loading) for expenses, if the missing participant’s desig- B. Amount of designated benefit (see 29 CFR nated benefit without this adjustment is greater §§ 4050.5 and 4050.12(c)) than $5,000. After determining the category of designated benefit for (2) Missing participant lump sum assumptions. the Missing Participant under A. above and checking “Missing participant lump sum assumptions” means the pertinent box in item 3a, calculate the amount of the interest rate and mortality assumptions and actu- the designated benefit using the applicable calculation arial methods for determining the lump sum value of instructions below for that category. a benefit under 29 CFR § 4022.7(d), applied – (1) Mandatory lump sum. The designated benefit amount (a) as if the deemed distribution date were the is the amount that the plan would have distributed to this termination date; and Missing Participant as of the deemed distribution date. The amount must be no greater than the plan’s cash out (b) without using the expected retirement age limit, which must not exceed the dollar limit under § assumptions in 29 CFR §§ 4044.55 through 411(a)(11) of the Code (currently $5,000) but can be less. 4044.57. (2) De minimis lump sum. The designated benefit amount (3) Most valuable benefit. is the lump sum amount calculated as of the deemed (a) Benefit in pay status - For a missing par- distribution date using PBGC “Missing participant lump ticipant whose benefit is in pay status as of the sum assumptions” and the “most valuable benefit” for a deemed distribution date, the most valuable Missing Participant who is not in pay status. “Missing benefit is the pay status benefit. participant lump sum assumptions” and “most valuable benefit”are defined in C., below. As with (1), the amount (b) Benefit not in pay status - For a missing par- entered must not be more than $5,000. ticipant whose benefit is not in pay status as of the deemed distribution date, the most valuable (3) No lump sum. The designated benefit amount is the benefit is the benefit payable at the age on or after actuarial present value of the Missing Participant’s ben- the deemed distribution date (beginning with the efit as of the deemed distribution date calculated using participant’s earliest early retirement age and PBGC “Missing participant annuity assumptions” and ending with the participant’s normal retirement the “most valuable benefit.” “Missing participant annuity age) for which the present value as of the deemed assumptions” and “most valuable benefit” are defined in distribution date is the greatest. The present value C., below. as of the deemed distribution date with respect to (4) Elective lump sum. The designated benefit amount any age is determined by multiplying: is the greater of the amounts determined under B(1), (i) the monthly (or other periodic) benefit Mandatory lump sum, or B(3), No lump sum. payable under the plan; by (ii) the present value (determined as of the C. Definitions for calculation of designated benefit deemed distribution date using the missing (see 29 CFR §§ 4050.2 and 4050.5(b)(1)) participant annuity assumptions) of a $1 (1) Missing participant annuity assumptions. monthly (or other periodic) annuity begin- “Missing participant annuity assumptions” means the ning at the applicable age. interest rate assumptions and actuarial methods for valuing benefits under 29 CFR § 4044.52 applied – Note: See Appendix A for examples of the designated (a) as if the deemed distribution date were the benefit categories and calculations of the designated termination date; benefit amount. (b) using mortality rates that are a fixed blend of 50 percent of the healthy male mortality rates in CFR 29 § 4044.53(c)(1) and 50 percent of the Pages 2 and 3 of Attachment B: Enter the Missing Par- healthy female mortality rates in § 4044.53(c)(2); ticipant’s Social Security Number at the top of each page in the space provided. (c) without using the expected retirement age assumptions in 29 CFR §§ 4044.55 through 4044.57; 3b Enter amount of designated benefits. In determining the amount of designated benefits, two amounts must (d) without making the adjustment for expenses be considered for inclusion – 9 |
Schedule MP (c) Total of (a) and (b). Mandatory employee contributions: Is any part of the (d) If the amount entered in (c) is not zero, enter the Missing Participant’s designated benefit amount attrib- date residual assets sent to PBGC. utable to mandatory employee contributions? If “Yes,” complete (1)-(3) below: (3) Total other amounts, if any, due to PBGC (line (1)(c) + line (2)(c)) (1) Mandatory employee contributions that fund a por- tion of the Missing Participant’s accrued benefit under 3d Total amount due to PBGC (line 3b + line 3c(3)) the plan, Note: You must pay the total amount due for the Missing (2) Interest credited on those contributions to the deemed Participant to PBGC, without any reduction for the 20% distribution date (see 29 CFR § 4050.12(c)(1)). tax withholding, even if 20% tax withholding has already been paid to the Internal Revenue Service for the benefit. (3) The total of (1) and (2). Note: Complete item 4, item 5 or item 6 below (com- Note: The designated benefit amount reported in item 3a plete only one): must include, and be no less than, the amount of manda- tory employee contributions plus interest to the deemed For a Missing Participant who is a participant and distribution date. The amount entered in item 3b must whose benefit was not in pay status as of the deemed not be less than the amount in 3b(3). distribution date → Complete item 4 Missed benefit payments: In determining the amount of designated benefits, for any Missing Participant who was For a Missing Participant who is a beneficiary (includ- in pay status at the deemed distribution date (see item ing a spouse or alternate payee) and whose benefit was 6 below), the designated benefit amount must include not in pay status as of the deemed distribution date → payments that were due before the deemed distribution Complete item 5 date but that were not made, with interest through the deemed distribution date. That is, the amount entered For a Missing Participant whose benefit was in pay in 3b must include the amount entered in the last line of status as of the deemed distribution date → Complete item 6a below. item 6 3c “Other amounts due” are (1) voluntary employee Note: A Missing Participant’s benefit is in pay status contributions (and earnings thereon) as defined in as of the deemed distribution date if, as of that date, the 29 CFR § 4050.12(c)(2)(i) and (ii); and (2) residual assets, plan administrator has made or (except for administra- as determined under 29 CFR § 4050.12(d). If no voluntary tive delay or a waiting period) would have made one employee contributions or residual assets are due, enter or more benefit payments. In addition, the benefit of a zero; do not leave blank. Missing Participant who is a beneficiary is considered to be in pay status if (1) the participant from whom the (1) Voluntary employee contributions and earnings beneficiary’s benefit was derived went into pay status on or before the deemed distribution date or (2) pay- (a) Voluntary employee contributions held in a sepa- ments to the beneficiary have commenced or would rate account. have commenced automatically without an election (b) Earnings credited on contributions in (a) to the on or before that date. date sent to PBGC. (c) Total of (a) and (b). In addition, if the Missing Participant is an alternate payee under a QDRO that required benefits to com- (d) If the amount entered in (c) is not zero, enter the mence concurrent with the participant’s benefits, the date voluntary contributions sent to PBGC (see 29 benefit is in pay status if the participant was in pay CFR § 4050.12(c)(2)(i) and (ii)). status as of the deemed distribution date. If the Miss- (2) Residual assets and earnings ing Participant is an alternate payee who is entitled to commence benefits upon his or her own election, the (a) The amount, if any, of residual assets due to PBGC benefit is in pay status if, as of the deemed distribution based on a Missing Participant’s share of residual as- date, the plan administrator has made or (except for sets (in accordance with section 4044(d) of ERISA). administrative delay or a waiting period) would have made one or more benefit payments. (b) Earnings on residual assets to the date you pay PBGC (see 29 CFR § 4050.12(d)). 10 |
Schedule MP form). 4 Missing Participant Who is a Participant and Whose Benefit Was Not in Pay Status 5b Enter the earliest date the beneficiary could commence receiving benefits (or the deemed distribution date, if Complete this item only if the Missing Participant is a later). participant whose benefit was not in pay status as of the deemed distribution date. 6 Missing Participant Who Was in Pay Status 4a Enter the participant’s earliest retirement date (or the Complete this item only if the Missing Participant was in deemed distribution date, if later). pay status as of the deemed distribution date. 4b If applicable, enter the participant’s last-known spouse’s 6a Enter a Code from the Table of Plan Benefit Forms on name and Social Security Number; otherwise enter page 11 that describes the form of benefit that was in “N/A.” pay status. If you entered Code 2 - 8, or 10, provide the information requested for that Code (if Code 10 entered, If you checked category 1 (Mandatory Lump Sum) in describe the form). In addition, provide, as applicable, item 3.A (Category of Designated Benefit) above, do the following information: notcomplete 4c-4e; go to item 7. • the date of the first missed payment: 4c If applicable, check whether the participant’s last-known • the amount of the first missed payment; spouse consented to the participant’s waiver of the plan’s • the plan interest rate for missed payments; and QPSA. If “Yes” is checked, attach a copy of the waiver. • payments that were due before the deemed distri- bution date but that were not made, with interest 4d If applicable, enter the participant’s last-known spouse’s through the deemed distribution date. earliest possible QPSA annuity starting date under the plan (or the deemed distribution date, if later). Enter the 6b If available, the full name(s) of the Missing Participant’s deemed distribution date if the QPSA is payable imme- beneficiaries. Attach a copy of the beneficiary designation diately upon the participant’s death. form, if available. 4e Enter Codes from the Table of Plan Benefit Forms on 7 Enter check marks for all documents which are page 11 which describes the automatic annuity format attached. that would be payable with respect to the participant. Regardless of the participant’s last-known marital status, provide a Code for the automatic annuity form for a married participant, 4e(1), and for an unmarried participant, 4e(2). If you entered Codes 2 – 6, or 10, provide the informa- tion requested for that Code (if Code 10 entered, describe the form). 5 Missing Participant Who Is a Beneficiary (including a participant’s spouse or alternate payee) and Whose Benefit Was Not in Pay Status Complete this item only if the Missing Participant is a beneficiary, and the beneficiary’s benefit was not in pay status as of the deemed distribution date. 5a Enter a code from the Table of Plan Benefit Forms on page 11 that describes the form of benefit to which the beneficiary is entitled. If you entered Code 2 - 6, or 10, provide the information requested for that Code (if Code 10 entered, describe the 11 |
Table of Plan Benefit Forms Table of Plan Benefit Forms Benefit Form Code Benefit Form Applicable to Missing Participant 1 Life annuity 2 Annuity certain 3 Annuity certain and continuous 4 Temporary life annuity 5 Joint and survivor annuity (contingent basis) thereafter 6 Annuity certain and joint and survivor (contingent basis) thereafter 7 Single life cash refund annuity 8 Installment refund annuity 9 Single sum 10 Other benefit form - Use the space provided on Attachment B to describe the benefit form that is pay- able with respect to the Missing Participant. Include, as applicable: • the percentage of the Missing Participant’s monthly benefit amount that is payable to each beneficiary upon the Missing Participant’s death, • the period during which the Missing Participant’s benefit is payable, • the period during which each beneficiary’s benefit is payable, and • any other provisions that distinguish the benefit form. For example, in the case of a step-down benefit, state when and by how much the benefit is reduced. 12 |
Appendix A APPENDIX A - Examples of Designated Benefit Determinations Examples of Designated Benefit Determinations for Missing Participants under § 4050.5 in plans with deemed distribution dates on and after February 27, 2007. The calculation of the designated benefit is illustrated by the following examples: Example 1.a. - $5,000 cash out limit. Plan A provides that any participant whose benefit has a value at distribution of $5,000 or less will be paid a lump sum, and that no other lump sums will be paid. P, Q, and R are missing participants. (1) As of the deemed distribution date, the value of P’s benefit is $4,000 under Plan A’s assumptions. Under § 4050.5(a)(1), the plan administrator pays PBGC $4,000 as P’s designated benefit. (2) As of the deemed distribution date, the value of Q’s benefit is $5,200 under Plan A’s assumptions and $4,700 based on PBGC’s missing participant lump sum assumptions and the most valuable benefit. Under § 4050.5(a)(2), the plan administrator pays PBGC $4,700 as Q’s designated benefit. (3) As of the deemed distribution date, the value of R’s benefit is $5,500 under Plan A’s assumptions, $5,100 based on PBGC’s missing participant lump sum assumptions and the most valuable benefit, and $5,400 based on PBGC’s missing participant annuity assumptions (which includes the $300 loading) and the most valuable benefit. Under § 4050.5(a)(3), the plan administrator pays PBGC $5,400 as R’s designated benefit. Example 1.b. - $3,500 cash out limit. Plan A provides that any participant whose benefit has a value at distribution of $3,500 or less will be paid a lump sum, and that no other lump sums will be paid. P, Q, and R are missing participants. (1) As of the deemed distribution date, the value of P’s benefit is $3,000 under Plan A’s assumptions. Under § 4050.5(a)(1), the plan administrator pays PBGC $3,000 as P’s designated benefit. (2) As of the deemed distribution date, the value of Q’s benefit is $3,600 under Plan A’s assumptions and $4,700 based on PBGC’s missing participant lump sum assumptions and the most valuable benefit. Under § 4050.5(a)(2), the plan administrator pays PBGC $4,700 as Q’s designated benefit. (3) As of the deemed distribution date, the value of R’s benefit is $3,600 under Plan A’s assumptions, $5,100 based on PBGC’s missing participant lump sum assumptions and the most valuable benefit, and $4,950 based on PBGC’s miss- ing participant annuity assumptions (which does not include the $300 loading) and the most valuable benefit. Under § 4050.5(a)(3), the plan administrator pays PBGC $4,950 as R’s designated benefit. Example 2 -Annuity assumptions . Plan B provides for a normal retirement age of 65 and permits early commencement of ben- efits at any age between 60 and 65, with benefits reduced by 5 percent for each year before age 65 that the benefit begins. The qualified joint and 50 percent survivor annuity payable under the terms of the plan requires in all cases a 16 percent reduction in the benefit otherwise payable. The plan does not provide for elective lump sums. (1) M is a missing participant who separated from service under Plan B with a deferred vested benefit. M is age 50 at the deemed distribution date, which is in May 2007, and has a normal retirement benefit of $1,000 per month payable at age 65 in the form of a single life annuity. M’s benefit as of the deemed distribution date has a value greater than $5,000 us- ing either plan assumptions or PBGC’s missing participant lump sum assumptions. Accordingly, M’s designated benefit is to be determined under § 4050.5(a)(3). (2) For purposes of determining M’s designated benefit, M is assumed to be married to a spouse who is also age 50 on the deemed distribution date. M’s monthly benefit in the form of the qualified joint and survivor annuity under the plan varies from $840 at age 65 (the normal retirement age) ($1,000 x (1-0.16)) to $630 at age 60 (the earliest retirement age) ($1,000 x (1-(5 x 0.05)) x (1-0.16)). (3) Under § 4050.5(a)(3), M’s benefit is to be valued using PBGC’s missing participant annuity assumptions. The select and ultimate interest rates on Plan B’s deemed distribution date are 5.20 percent for the first 20 years and 4.87 percent thereafter. Using these rates and the blended mortality table described in paragraph (2) of the definition of “missing 13 |
Appendix A participant annuity assumptions” in § 4050.2, the plan administrator determines that the benefit commencing at age 60 is the most valuable benefit (i.e., the benefit at age 60 is more valuable than the benefit at ages 61, 62, 63, 64 or 65). The present value as of the deemed distribution date of each dollar of annual benefit (payable monthly as a joint and 50 percent survivor annuity) is $8.4632 if the benefit begins at age 60. (Because a new spouse may succeed to the survivor benefit, the mortality of the spouse during the deferral period is ignored.) Thus, without adjustment (loading) for expenses, the value of the benefit beginning at age 60 is $63,982 (12 x $630 x 8.4632). The designated benefit is equal to this value plus an expense adjustment of $300, or a total of $64,282. 14 |