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 I. OVERVIEW 2 PBGC needs the information required by Schedule MP II. GENERAL INSTRUCTIONS FOR (and applicable attachments) to administer the Missing MISSING PARTICIPANT FORMS 3 Participants Program. Section 4050 of the Employee A. Who Must File 3 Retirement Income Security Act of 1974 provides for the B. What to File and Pay 3 Missing Participants Program to assist plan administrators C. When to File and Pay 3 in closing out plans and to help participants and 1. In General 3 beneficiaries, who could not be located when plan benefits 2. Due Dates for Later Filings 3 were being distributed, to obtain their benefits. PBGC 3. Filing Methods and Filing Date 4 will use the information to direct Missing Participants for 4. Requests for Deadline Extensions 5 whom annuity contracts were purchased to the appropriate D. Where to File and Pay 5 insurance company; to locate and pay Missing Participants 1. Where to File 5 for whom benefits were paid to PBGC; and to monitor 2. Where to Pay 5 and audit compliance. You are required to provide this 3. Penalties and Interest 5 information pursuant to section 4050 of ERISA and 29 E. Forms and Instructions; Contacting Us 6 CFR Part 4050. The information provided to PBGC may F. Recordkeeping Requirements 6 be subject to disclosure under the Freedom of Information Act or protected from disclosure by the Privacy Act, as III. SPECIFIC INSTRUCTIONS FOR applicable. MISSING PARTICIPANT FORMS 6 A. Schedule MP 6 This collection of information has been approved by the 1. Plan Identification Information 6 Office of Management and Budget (OMB) under control 2. Missing Participant Information 6 number 1212-0036. An agency may not conduct or sponsor, 3. Amounts Due to PBGC 7 and a person is not required to respond to, a collection B. Attachment A of information unless it displays a currently valid OMB (Annuity Purchase Information) 7 control number. C. Attachment B (Individual Information) 7 1. Plan Identification Information 7 PBGC estimates that it will take an average of 1.21 hours of 2. Identification of Missing Participant 7 the plan administrator’s time and cost the plan administrator 3. Amounts Due to PBGC 8 $1,699 per plan to comply with standard termination 4. Missing Participant Who is a Participant paperwork requirements, including requirements for And Whose Benefit Was Not in Pay Status 10 Missing Participants. (See PBGC’s Distress Termination 5. Missing Participant Who is a Beneficiary Package for burden estimates for distress terminations.) and Whose Benefit Was Not in Pay These are estimates and the actual time will vary depending Status 10 on the circumstances of a given plan. 6. Missing Participant Who Was in Pay Status 10 If you have comments concerning the accuracy of Table of Plan Benefit Forms 12 these estimates or suggestions for making the forms simpler, please send your comments to the Legislative Appendix A: Examples of Designated and Regulatory Department, Pension Benefit Guaranty Benefit Determinations 13 Corporation, 1200 K Street, NW, Washington, DC 20005- 4026. |
Overview I. OVERVIEW • Be carried on in such a manner that if the individual is found, distribution can reasonably be expected to be PBGC has established a Missing Participants Program for sin- made on or before the deemed distribution date; gle-employer defined benefit pension plans subject to Title IV of • Include inquiry of any plan beneficiaries (including ERISA. This program helps terminating plans distribute Miss- alternate payees) of the Missing Participant whose ing Participants’ benefits and helps Missing Participants receive names and addresses are known to the plan admin- their benefits. A Missing Participant is a participant or benefi- istrator; and ciary (including a participant’s spouse or alternate payee) entitled to a distribution under a terminating plan whom, after a diligent • Include use of a commercial locator service to search search, the plan administrator has not located as of the date the for the Missing Participant (without charge to the plan administrator pays the individual’s designated benefit to Missing Participant or reduction of the Missing Par- the PBGC (or distributes the individual’s benefit by purchasing ticipant’s plan benefit). an irrevocable commitment from an insurer). In the absence Step 2: Method(s) of Distribution of proof of death, individuals not located are presumed living. Determine for each Missing Participant whether you will distribute the benefits of that Missing Participant by Note: You may use the PBGC’s Missing Participants Program purchasing an irrevocable commitment from an insur- for a participant or beneficiary only if you are unable to locate ance company or by paying the value of the Missing the person after a diligent search (see Step 1, below). The mere Participant’s benefit to PBGC. fact that a person fails to return an election form or cash a check does not mean the person is a “Missing Participant.” Unless Step 3: Deemed Distribution Date a person is a “Missing Participant,” you must, in accordance Select a deemed distribution date and calculate the value with all applicable requirements under the Code and ERISA, of the Missing Participants’ benefits as of that date using distribute plan assets in satisfaction of all plan benefits by the rules in PBGC’s Missing Participants regulation (see purchase of an irrevocable commitment from an insurer or by 29 CFR §§ 4050.5 and 4050.12). The deemed distribution distributing benefits to the person in another permitted form. date must be no later than the distribution deadline, includ- ing extensions, under 29 CFR § 4041.28(a), and no earlier than the date when distributions have been completed for NOTE: The Pension Protection Act of 2006 (PPA 2006) all other participants and beneficiaries (including Missing amended section 4050 of ERISA to expand the Missing Partici- Participants for whom you provide annuities). (See section pants Program to cover multiemployer plans, small professional III.A. Part II.3.c., below.) service employer plans (25 or fewer active participants), and individual account plans (such as 401(k) plans). The changes Note: If, late in the distribution period, you locate a will be effective after PBGC issues final regulations implement- participant or beneficiary or learn that a participant or ing the PPA change. beneficiary cannot be located, you may request an exten- sion of the distribution deadline, if necessary. To request The instructions provided below do not reflect the changes a deadline extension, see instructions in Section II.J of the made by PPA. PBGC will issue new forms and instructions in Standard Termination Package or Section C of Appendix connection with the final regulations implementing the PPA C of the Distress Termination Package. change. Step 4: Forms and Payments In the following, the terms “you” and “plan administrator” Complete Schedule MP and the applicable attachment(s) are used interchangeably. and send them to PBGC with the Post-Distribution Certifi- cation. These forms must contain information required by You must follow specific steps in distributing the benefits PBGC to identify and locate Missing Participants to whom of Missing Participants on plan termination. These steps are it will pay benefits, to compute and pay those benefits, and briefly summarized below. Sections II and III below provide to direct individuals for whom the plan purchased annuities detailed instructions. to the appropriate insurance company. If you are sending payment to PBGC for one or more Step 1: Diligent Search Missing Participants, you may submit a check with your Conduct a diligent search for all participants and benefi- Missing Participant Payment Voucher or arrange for a wire ciaries whom you could not locate. “Diligent search” is transfer and indicate on your Missing Participant Payment defined in 29 CFR § 4050.4. A diligent search must — Voucher the amount that has been transferred. See section • Begin not more than 6 months before notices of intent II.D.2 for payment information. The filing deadline for to terminate are issued; Schedule MP, for the Post-Distribution Certification, and 2 |
General Instructions for payment of designated benefits to PBGC is 30 days 5. If requested information is not available, write “N/A” in the after the deemed distribution date. space provided or next to the question. If you purchased annuities for all Missing Participants PBGC will accept the original pre-printed forms, photocopies and are not paying designated benefits to PBGC, the of the forms, or downloaded forms. However, Schedule MP deadline for filing Schedule MP and the Post-Distribution must have an original signature. For this reason, Schedule MP Certification is 30 days after the last distribution of assets cannot be faxed or e-mailed to PBGC. See II.C.3. for filing in satisfaction of plan benefits (through priority category 6 instructions for this form. under section 4044 of ERISA and 29 CFR Part 4044). A. Who Must File Note: PBGC may assess a penalty for late filing of Sched- 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 require- sess interest for late payment of amounts for Missing Partic- ment to participants or beneficiaries who are eligible for a ipants only to the extent the payment is made more than 90 distribution of residual assets but cannot be located, after a days after that distribution deadline (including extensions). diligent search, at the time residual assets are distributed. In addition, this filing requirement will apply for a distribu- This package contains (1) Missing Participant filing instruc- tion pursuant to a PBGC audit of a plan termination where tions, and (2) Schedule MP, including Attachment A (Annuity individuals entitled to a distribution cannot be located Purchase Information), Attachment B (Individual Information after a diligent search. See section II.C.2. With regard to for Missing Participants for whom amounts are paid to PBGC), distributions of residual assets or after an audit, a diligent and a Missing Participant Payment Voucher to submit with search is not required for an individual if an earlier diligent payment to PBGC. search was done for the individual and the individual was not found, i.e., the individual was determined to be a Missing The specific rules for distributing benefits for Missing Participant. Participants are set forth in section 4050 of ERISA and in PBGC’s regulation on Missing Participants (29 CFR Part B. What to File and Pay 4050), which are available on PBGC’s Web site, www.pbgc. gov, along with Missing Participant forms and instructions. You must file Schedule MP, including Attachment A (An- nuity Purchase Information), Attachment B (Individual In- Note: If, after paying a designated benefit to PBGC for formation), or both, as applicable. File Attachment A if the a Missing Participant, you are contacted by that Missing plan purchased an irrevocable commitment for one or more Participant, please refer the individual to PBGC’s Cus- Missing Participants. File a separate Attachment B for each tomer Contact Center ((800) 400-7242) for payment of Missing Participant for whom amounts are due to PBGC. the individual’s benefit. You must send payment of the total of the amounts on the II. GENERAL INSTRUCTIONS FOR Attachment B(s) to PBGC, together with a Payment Voucher. MISSING PARTICIPANT FORMS C. When to File and Pay PBGC may assess penalties for incomplete filings. Therefore, you should ensure that an appropriate response is provided for each item, as follows: 1. In General. The filing due date for the Schedule MP (in- cluding attachments) and payment of designated benefits 1. If an item requests a numeric response, a number must be (including Payment Voucher) is the same as for the Post- entered. Distribution Certification. 2. If an item provides a box or boxes to be checked, a check 2. Due Dates for Later Filings. In some cases, after you should be entered (written responses are not acceptable). have already filed the Post-Distribution Certification, you 3. No additions or deletions may be made to the certifications may be required to file a Schedule MP (including applicable required to be signed by the plan administrator or enrolled attachment(s) and payment), or an amended Schedule MP actuary. if a Schedule MP was previously filed. Where there are one or more persons whom you cannot locate, after a 4. All information requested by an item must be provided, diligent search, at the time benefits must be distributed in e.g., Missing Participants’ full names; complete addresses the following situations, the following due dates apply: where requested. 3 |
General Instructions (a) Residual Assets. If residual assets remaining after If PBGC receives your submission after 5:00 p.m. (Wash- the satisfaction of all plan benefits through priority ington, D.C. time) on a business day, or anytime on a category 6 (under section 4044 of ERISA and 29 weekend or Federal holiday, PBGC treats it as received CFR Part 4044) are owed to one or more Missing Par- on the next business day. ticipants, you must submit a Schedule MP (including If you file your submission using the Filings by mail. Attachments A and Bs, as applicable) and any amounts U.S. Postal Service, your filing date is the date you mail that will be paid to PBGC, no earlier than the date your submission by the last collection of the day, pro- when the Post-Distribution Certification is filed with vided that the submission: (1) meets the applicable postal PBGC, and no later than the 30th day after the date requirements; (2) is properly addressed; and (3) is sent by on which all residual assets have been distributed to First-Class Mail (or another class that is at least equivalent). all participants and beneficiaries other than Missing If you mail the submission after the last collection of the Participants. day, or if there is no scheduled collection that day, your Note: If you previously filed the Post-Distribution Certifi- filing date is the date of the next scheduled collection. If cation and are using the Missing Participants Program to you meet these requirements, PBGC makes the following provide residual assets with respect to a person who cannot presumptions: be located at the time residual assets are distributed, file Legible postmark date. If your submission has a legible only Schedule MP (with applicable attachment(s)) and, if U.S. Postal Service postmark, PBGC presumes that the appropriate, a Payment Voucher. Do not file a new Post- postmark date is the filing date. Distribution Certification. (Form 501 or Form 602) Legible private meter date. If your submission has a legible (b) PBGC Audit of Plan Termination. If, pursuant to an postmark made by a private postage meter (but no legible audit of the plan termination, amounts are owed to U.S. Postal Service postmark) and arrives at the proper one or more participants or beneficiaries who are address by the time reasonably expected, PBGC presumes Missing Participants, you must submit a Schedule MP that the metered postmark date is your filing date. (with applicable attachments) and any amounts that You may prove an earlier send date. will be paid to PBGC by the date specified by PBGC in connection with the audit, unless PBGC grants an Filings using a commercial delivery service. If you extension. file your submission using a commercial delivery service, your filing date is the date you deposit your submission 3. Filing Methods and Filing Date. You may file Sched- by the last scheduled collection of the day for the type of ule MP (including attachments) and make payments to delivery you use (such as two-day delivery or overnight PBGC by hand, mail, or commercial delivery service. delivery) with the commercial delivery service, provided In addition, in some circumstances, the attachments may that the submission meets the applicable requirements of be filed electronically. Note: Schedule MP may not be the commercial delivery service and is properly addressed, faxed or e-mailed to PBGC because this form requires an and the delivery service meets one of the requirements original signature. 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 lowing requirements: Schedule MP in electronic form, contact PBGC using the contact information in part E, below. When you have 100 Delivery within two days. It must be reasonable to expect or more Missing Participants, PBGC strongly encourages your submission will arrive at the proper address by 5:00 you to file the attachments to Schedule MP by submitting p.m. on the second business day after the next scheduled a computer disk. Complete rules on filing methods and on collection; or how PBGC determines your filing date are on PBGC’s Web Designated private delivery service. You must use a site, www.pbgc.gov (click on “Resources” tab and select “designated private delivery service” within the meaning “Law & Regulations” on left menu bar). of § 7502(f) of the Code. PBGC’s Web site, www.pbgc. Your filing date will be the date you send your filing (the gov, lists those designated private delivery services (at “send date”), provided you meet certain requirements that the “Practitioners” page select “Contact Us” tab, “More are summarized below. If you do not meet these require- contact information for practitioners,” and then “Com- ments, your filing date is the date PBGC receives your mercial delivery services”). You should make sure that submission. (If you file your submission by hand, your both the provider and the particular type of delivery (such filing date is the date of receipt of your hand-delivered as two-day delivery) are designated. submission at the proper address.) 4 |
General Instructions 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) Note: The amount you pay to the PBGC with this filing 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 entered in item 3a of the Missing Participant Payment Note: PBGC will not extend the following statutory dead- Voucher). The amount entered in column (1) of item 4c of lines: (1) that the Notice of Intent to Terminate (NOIT) be Schedule MP must equal the sum of all amounts entered issued not less than 60 days before the proposed termina- in column (1) of item 3c of the Attachments B (Individual tion date, (2) that the Notice of Plan Benefits (NOPB) Information) submitted with this filing. be issued by the time the plan administrator files the standard termination notice with PBGC, and (3) that the If you are using the U.S. Postal Service: Post-Distribution Certification be filed with PBGC within 30 days after the last distribution date. (Although PBGC Pension Benefit Guaranty Corporation may assess a penalty for late filing of a Post-Distribution P.O. Box Certification, it will do so only to the extent the Post- 6W /RXLV 02 Distribution Certification is filed more than 90 days after the distribution deadline (including extensions) described If you are using a delivery service other than the U.S. Postal in section II.H.1. of the Standard Termination Package Service: and section C of Appendix C of the Distress Termination Package.) 3%*& 0LVVLQJ 3DUWLFLSDQWV %R[ 8 6 %DQN *RYHUQPHQW /RFNER[ If you file a request for an extension with PBGC later than &RQYHQWLRQ 3OD]D the 15th day before the applicable deadline, you must in- 6/ 02 & */ clude a justification for not filing the request earlier. 6W /RXLV 02 Requests for extensions must be in writing and — (b) Wire transfers. Addressed to: Pension Benefit Guaranty Corporation Send wire transfer to: Standard Termination Compliance Division Processing and Technical Assistance Branch 86 %$1. 1200 K Street, NW 5RXWLQJ : Washington, DC 20005-4026 Account: Beneficiary: PBGC E-mailed to: standard@pbgc.gov; or Payment ID line: (MP, the plan’s EIN/PN, and the stan- Faxed to: (202) 326-4001 dard termination case number) Please use the following format: “MP, EIN/PN:XX-XXXXXXX/XXX, CN:XXXXXXXX” D. Where to File and Pay 3. Penalties and Interest. If a plan administrator fails 1. Where to File. File the Schedule MP (including any to provide any required information within the specified required attachments) with the Post-Distribution Certifica- time limit, PBGC may assess a penalty of up to $1,100 a tion. Send the forms to: day for each day that the failure continues. However, it will do so only to the extent the information is filed more Pension Benefit Guaranty Corporation than 90 days after the distribution deadline (including Standard Termination Compliance Division extensions) determined under 29 CFR § 4041.28(a) or 1200 K Street, NW § 4041.50, whichever applies, for closeout of a plan. Also, Washington, DC 20005-4026 PBGC will assess interest for late payment of amounts for Missing Participants only to the extent the payment 2. Where to Pay. is made more than 90 days after the distribution deadline. (a) Checks. See 29 CFR § 4050.6(b) and PBGC’s Statement of Policy on ERISA section 4071 penalties, 60 Fed. Reg. 36,837 Send payment for designated benefits and/or other amounts (July 18, 1995). 5 |
Schedule MP E. Forms and Instructions; Contacting Us III. SPECIFIC INSTRUCTIONS You may obtain forms and instructions from PBGC’s Web site at www.pbgc.gov. A. Schedule MP If you have any questions about Missing Participants, standard If you previously filed one or more Schedule MPs for this terminations, or distress terminations, or if you need copies plan, check the box immediately below “PART I.” If you of this Missing Participant Package, the Standard Termina- checked the box, provide the date(s) of any filing(s). tion Package, or the Distress Termination Package, call the toll-free telephone number at PBGC’s Customer Service Note: If this filing is an amended Schedule MP, you must Center for Plan Administrators and Pension Professionals (1- file an amended Form 501 (if you filed a standard termina- 800-736-2444). (TTY/TDD users may call the Federal relay tion) or an amended Form 602 (if you filed a distress ter- service toll-free at 1-800-877-8339 and ask to be connected to mination that is sufficient for at least guaranteed benefits) 1-800-736-2444.) unless you are using the Missing Participants Program to provide residual assets with respect to a person who E-mail addresses: cannot be located at the time residual assets are payable. Standard Terminations (standard@pbgc.gov) — See Note on p. 4. Questions about Missing Participants in a standard termination. Part I. Plan Identification Information 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 F. Recordkeeping Requirements 3-digit plan number (PN) assigned by the plan sponsor. 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 for six years after the date the Post-Distribution Certification 2a Enter the name and address (mailing or Internet) of com- is filed with PBGC. For rules on maintaining records elec- mercial locator service(s) used. If more than one service tronically, see 29 CFR Part 4000, Subpart E (also available on was used, attach sheet with information. PBGC’s Web site, www.pbgc.gov at the “Practitioners” page 3a-b Enter the number of Missing Participants for whom ir- select “Code of Federal Regulations” under “Law, Regulations revocable commitments were purchased, and the number & Informal Guidance”). of Missing Participants for whom amounts are being paid Note: If a contributing sponsor or the plan administrator to PBGC. Enter zero in 3a if no annuities were purchased maintains information in accordance with this requirement, for Missing Participants, and zero in 3b if no amounts are the other(s) need not maintain that information. being paid to PBGC. Entries are required in both 3a and 3b, as well as in both columns (1) and (2). For each Missing Participant, these records must include all evidence of a diligent search and all underlying data, includ- If this is your first submission of a Schedule MP, the ing worksheets prepared by or at the direction of the enrolled same numbers should be entered in columns (1) and (2), actuary, used in determining the amount, form, and value of and the numbers entered should be consistent with the the plan benefits. Missing Participants reported on the Attachments A and/ or B that are attached Within 30 days after receipt of PBGC’s written request for If this filing is an amended Schedule MP, Attachments records or by a later date specified in the request, the contribut- A and/or B for only those Missing Participants for whom ing sponsor or plan administrator, as applicable, must make all you are reporting additional or revised information with such records available to PBGC upon request for inspection and the amended filing should be attached. The numbers photocopying (or, for electronic records, inspection, electronic entered in column (1) should be a count of only those copying, and printout) at the location where they are kept (or Missing Participants reported on Attachments A and/or B another, mutually agreeable, location), or must submit copies that are attached. The entries in column (2) should be a of the records to PBGC. count of allMissing Participants reported on Attachments A and/or B that you have submitted to PBGC, in this filing and all earlier filings. 6 |
Schedule MP 3c The deemed distribution date is (1) the distribution dead- B. Attachment A (Annuity Purchase Infor- line (including extensions) or (2) if the plan administrator mation) selects an earlier date that is no earlier than the date when all distributions have been made under the plan except File Attachment A (Annuity Purchase Information) with the for distributions to Missing Participants whose designated Schedule MP if the plan purchased an irrevocable commitment benefits are paid to PBGC, such earlier date. The distribu- for one or more Missing Participants. tion deadline (including extensions) is described in section II.H.1 of the Standard Termination Package and section If you previously filed one or more Attachments A for this C of Appendix C of the Distress Termination Package. plan, check the box immediately below “PART I.” Note: If the only amounts you are distributing or have Part I. Plan Identification Information distributed to Missing Participants are residual as- The information entered in Part I should be the same as that sets or voluntary employee contributions i.e., you have entered in Part I of the Schedule MP. never paid designated benefits to PBGC or purchased annuities for any Missing Participant in the plan, enter Part II. Insurance Company Information “00/00/0000” for the deemed distribution date. 2a-d Enter name and address of insurer, and the name, telephone Part III. Amounts Due to PBGC number and e-mail of your contact at the insurer. 4a-c The same instructions that applied to items 3a and 3b 2e Enter the policy number with the insurer. above apply to items 4a-4c (if the amount in any item is zero, enter zero; do not leave blank). As was done Part III. Annuitized Missing Participant Information for items 3a and 3b above, entries are required in both columns (1) and (2), and what is entered in each column For each Missing Participant listed in Part III, enter the full name, depends on whether this is your first submission of a Social Security Number, and date of birth of the Missing Participant Schedule MP, or an amended submission. and, if applicable, of the Missing Participant’s spouse or beneficiary. Also enter the certificate number for the Missing Participant’s For items 4a (Total amount of designated benefits), 4b annuity. (Total of other amounts due for Missing Participants) and 4c (Total amount due to PBGC), the numbers entered in For the Missing Participant’s Monthly Benefit, enter the month- column (1) should equal the sum of the amounts in items ly benefit (in the normal form payable under plan provisions) 3a, 3b, and 3c, respectively, of all Attachments B (Missing payable at the Missing Participant’s normal retirement age. The Participant Individual Information) submitted with this normal form is the form in which the benefit is typically paid filing. If this filing is your first submission of a Schedule paid under plan provisions (generally a single-life or joint-life MP, the same numbers should be entered in columns (1) annuity). If the Missing Participant is an alternate payee or other and (2). If this is an amended filing, the numbers entered beneficiary, enter the monthly benefit amount payable at the in column (2) for items 4a, 4b, and 4c, should equal the earliest date the alternate payee or other beneficiary may begin sum of the amounts in items 3a, 3b, and 3c, respectively, receiving benefits. If the Missing Participant was in pay status, of all Attachments B that you have submitted to PBGC, enter the monthly benefit amount that was in pay status. in this filing and all earlier filings. C. Attachment B (Missing Participant Indi- Part IV. Plan Administrator Certification vidual Information) Part IV should be completed and signed by the plan’s admin- istrator. File an Attachment B (Missing Participant Individual Informa- tion) with the Schedule MP for each Missing Participant for Part V. Enrolled Actuary Certification whom an amount is due to PBGC. On each Attachment B, enter the sequence number of the attachment in terms of the total If only an Attachment A is attached to the Schedule MP, i.e., number of Attachments B that are submitted with this filing. all distributions to Missing Participants in this filing were by the purchase of irrevocable commitments, Part V does not Part I. Plan Identification Information need to be completed. If any benefits were paid to PBGC for The information entered in Part I should be the same as that Missing Participants in this filing, Part V should be completed entered in Part I of the Schedule MP. and signed by an Enrolled Actuary. Part II. Identification of Missing Participant If you previously filed one or more Attachments B for this individual, check the box immediately below “PART II.” 7 |
Schedule MP 2a-g Enter the requested identification information for the After determining the category of designated benefit for Missing Participant. the Missing Participant under A., above, calculate the amount of the designated benefit using the applicable Part III. Amounts Due to PBGC calculation instructions below for that category. Note: Where amounts are requested for items 3a-3c, if the (1) Mandatory lump sum. The designated benefit amount amount in any item is zero, enter zero; do not leave blank. is the amount that the plan would have distributed to this As was done for items 4a-4c on the Schedule MP, entries Missing Participant as of the deemed distribution date. are required in both columns (1) and (2). What is entered The amount must be no greater than the plan’s cash in each column depends on whether this is your first sub- out limit, which must not exceed the dollar limit under mission of an Attachment B for this individual, or if you § 411(a)(11) of the Code (currently $5,000). previously filed an Attachment B for this individual. (2) De minimis lump sum. The designated benefit amount If this is your first submission of an Attachment B for is the lump sum amount calculated as of the deemed this individual, the same amounts should be entered in distribution date using PBGC “Missing participant lump columns (1) and (2) for items 3a-3c. sum assumptions” and the “most valuable benefit” for a If you previously filed an Attachment B for this indi- Missing Participant who is not in pay status. “Missing vidual, the responses entered in column (1) for items 3a-3c participant lump sum assumptions” and “most valuable should reflect only the revised or additional information benefit” are defined in C., below. As with (1), the amount that you are reporting for this individual in this filing. The entered must not be more than $5,000. entries in column (2) should reflect the responses of all (3) No lump sum. The designated benefit amount is the Attachments B that you have submitted to PBGC, in this actuarial present value of the Missing Participant’s ben- filing and all earlier filings. efit as of the deemed distribution date calculated using 3 A. Category of designated benefit (see 29 CFR § 4050.5) PBGC “Missing participant annuity assumptions” and the “most valuable benefit.” “Missing participant annuity Determine the category of the Missing Participant’s des- assumptions” and “most valuable benefit” are defined in ignated benefit from the following list: C., below. (1) Mandatory lump sum. The terms of the plan require an (4) Elective lump sum. The designated benefit amount automatic cash out of this Missing Participant. The manda- is the greater of the amounts determined under B.(1), tory lump sum amount must be no greater than the plan’s Mandatory lump sum, or B.(3), No lump sum. cash out limit for de minimis benefit amounts, which may not exceed the dollar limit under § 411(a)(11) of the Code C. Definitions for calculation of designated benefit (currently $5,000). This category must not be checked if (see 29 CFR §§ 4050.2 and 4050.5(b)(1)) the amount is greater than the plan’s cash out limit. (1) Missing participant annuity assumptions. (2) De minimis lump sum. The terms of the plan do not “Missing participant annuity assumptions” means the require an automatic cash out of this Missing Participant, interest rate assumptions and actuarial methods for the amount is $5,000 or less when calculated under B.(2) valuing benefits under 29 CFR § 4044.52 applied-- below, and the benefit was not in pay status as of the deemed distribution date. This category must not be (a) as if the deemed distribution date were the checked if the amount exceeds $5000. termination date; (3) No lump sum. The terms of the plan require that only (b) using mortality rates that are a fixed blend an annuity may be paid for this Missing Participant. of 50 percent of the healthy male mortality rates in § 4044.53(c)(1) and 50 percent of the healthy (4) Elective lump sum. The benefit of this Missing Partici- female mortality rates in 29 CFR § 4044.53(c) pant is not described in the first three categories. (2); Note: If the designated benefit category includes any (c) without using the expected retirement age amount attributable to mandatory employee contribu- assumptions in 29 CFR §§ 4044.55 through tions, check the designated benefit category applicable 4044.57; to the whole accrued benefit - do not check category 4 (Elective lump sum) merely because the participant (d) without making the adjustment for expenses 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. 8 |
Schedule MP (2) Missing participant lump sum assumptions. (2) Interest credited on those contributions to the deemed “Missing participant lump sum assumptions” means distribution date (see 29 CFR § 4050.12(c)(1)). the interest rate and mortality assumptions and actu- arial methods for determining the lump sum value of (3) The total of (1) and (2). a benefit under 29 CFR § 4022.7(d), applied-- (a) as if the deemed distribution date were the Note: The designated benefit amount reported in item 3a termination date; and must include, and be no less than, the amount of manda- tory employee contributions plus interest to the deemed (b) without using the expected retirement age distribution date. The amount entered in item 3a must assumptions in 29 CFR §§ 4044.55 through not be less than the amount in 3a(3). 4044.57. Missed benefit payments: In determining the amount of (3) Most valuable benefit. designated benefits, for any Missing Participant who was (a) Benefit in pay status - For a missing par- in pay status at the deemed distribution date (see item ticipant whose benefit is in pay status as of the 6 below), the designated benefit amount must include deemed distribution date, the most valuable payments that were due before the deemed distribution benefit is the pay status benefit. date but that were not made, with interest through the deemed distribution date. That is, the amount entered (b) Benefit not in pay status - For a missing par- in 3a must include the amount entered in the last line of ticipant whose benefit is not in pay status as of item 6a below. the deemed distribution date, the most valuable benefit is the benefit payable at the age on or after 3b “Other amounts due” are (1) voluntary employee the deemed distribution date (beginning with the contributions (and earnings thereon) as defined in participant’s earliest early retirement age and 29 CFR § 4050.12(c)(2)(i) and (ii); and (2) residual assets, ending with the participant’s normal retirement as determined under 29 CFR § 4050.12(d). If no voluntary age) for which the present value as of the deemed employee contributions or residual assets are due, enter distribution date is the greatest. The present value zero; do not leave blank. as of the deemed distribution date with respect to any age is determined by multiplying: (1) Voluntary employee contributions and earnings (i) the monthly (or other periodic) benefit pay- (a) Voluntary employee contributions held in a sepa- able under the plan; by rate account. (ii) the present value (determined as of the (b) Earnings credited on contributions in (a) to the deemed distribution date using the missing par- date sent to PBGC. ticipant annuity assumptions) of a $1 monthly (or other periodic) annuity beginning at the ap- (c) Total of (a) and (b). plicable age. (d) If the amount entered in (c) is not zero, enter the date voluntary contributions sent to PBGC (see 29 CFR § 4050.12(c)(2)(i) and (ii)). Note: See Appendix A for examples of the designated benefit categories and calculations of the designated (2) Residual assets and earnings benefit amount. (a) The amount, if any, of residual assets due to PBGC based on a Missing Participant’s share of residual as- Pages 2 and 3 of Attachment B: Enter the Missing Par- sets (in accordance with section 4044(d) of ERISA). ticipant’s Social Security Number at the top of each page (b) Earnings on residual assets to the date you pay in the space provided. PBGC (see 29 CFR § 4050.12(d)). 3a Enter amount of designated benefits. (c) Total of (a) and (b). (d) If the amount entered in (c) is not zero, enter the Mandatory employee contributions: Is any part of the date residual assets sent to PBGC. Missing Participant’s designated benefit amount attrib- (3) Total other amounts, if any, due to PBGC (line (1)(c) utable to mandatory employee contributions? If “Yes,” + line (2)(c)) complete (1)-(3) below: (1) Mandatory employee contributions that fund a por- 3c Total amount due to PBGC (line 3a + line 3b(3)) tion of the Missing Participant’s accrued benefit under the plan, 9 |
Schedule MP Note: You must pay the total amount due for the Missing 4a Enter the participant’s earliest retirement date (or the Participant to PBGC, without any reduction for the 20% deemed distribution date, if later). tax withholding, even if 20% tax withholding has already been paid to the Internal Revenue Service for the benefit. 4b If applicable, enter the participant’s last-known spouse’s name and Social Security Number; otherwise enter “N/A.” Note: Complete item 4, item 5 or item 6 below (com- plete only one): If you checked category 1 (Mandatory Lump Sum) in item 3.A (Category of Designated Benefit) above, do not For a Missing Participant who is a participant and complete 4c-4e; go to item 7. whose benefit was not in pay status as of the deemed distribution date → Complete item 4 4c If applicable, check whether the participant’s last-known spouse consented to the participant’s waiver of the plan’s For a Missing Participant who is a beneficiary (includ- QPSA. If “Yes” is checked, attach a copy of the waiver. ing a spouse or alternate payee) and whose benefit was not in pay status as of the deemed distribution date → 4d If applicable, enter the participant’s last-known spouse’s Complete item 5 earliest possible QPSA annuity starting date under the plan (or the deemed distribution date, if later). Enter the For a Missing Participant whose benefit was in pay deemed distribution date if the QPSA is payable imme- status as of the deemed distribution date → Complete diately upon the participant’s death. item 6 4e Enter Codes from the Table of Plan Benefit Forms on Note: A Missing Participant’s benefit is in pay status page 11 which describes the automatic annuity format as of the deemed distribution date if, as of that date, that would be payable with respect to the participant. the plan administrator has made or (except for admin- Regardless of the participant’s last-known marital istrative delay or a waiting period) would have made status, provide a Code for the automatic annuity form one or more for a married participant, 4e(1), and for an unmarried benefit payments. In addition, the benefit of a Miss- participant, 4e(2). ing Participant who is a beneficiary is considered to be in pay status if (1) the participant from whom the If you entered Codes 2 – 6, or 10, provide the informa- beneficiary’s benefit was derived went into pay status tion requested for that Code (if Code 10 entered, describe on or before the deemed distribution date or (2) pay- the form). ments to the beneficiary have commenced or would have commenced automatically without an election 5 Missing Participant Who Is a Beneficiary (including on or before that date. a participant’s spouse or alternate payee) and Whose Benefit Was Not in Pay Status In addition, if the Missing Participant is an alternate payee under a QDRO that required benefits to com- Complete this item only if the Missing Participant is a mence concurrent with the participant’s benefits, the beneficiary, and the beneficiary’s benefit was not in pay benefit is in pay status if the participant was in pay status as of the deemed distribution date. status as of the deemed distribution date. If the Missing Participant is 5a Enter a code from the Table of Plan Benefit Forms on an alternate payee who is entitled to commence ben- page 11 that describes the form of benefit to which the efits upon his or her own election, the benefit is in pay beneficiary is entitled. status if, as of the deemed distribution date, the plan administrator has made or (except for administrative If you entered Code 2 -- 6, or 10, provide the information delay or a waiting period) would have made one or requested for that Code (if Code 10 entered, describe the more benefit payments. form). 5b Enter the earliest date the beneficiary could commence 4 Missing Participant Who is a Participant and Whose receiving benefits (or the deemed distribution date, if Benefit Was Not in Pay Status later). Complete this item only if the Missing Participant is a 6 Missing Participant Who Was in Pay Status participant whose benefit was not in pay status as of the deemed distribution date. Complete this item only if the Missing Participant was in 10 |
Schedule MP pay status as of the deemed distribution date. 6a Enter a Code from the Table of Plan Benefit Forms on page 11 that describes the form of benefit that was in pay status. If you entered Code 2 -- 8, or 10, provide the information requested for that Code (if Code 10 entered, describe the form). In addition, provide, as applicable, the following information: • the date if tbe first missed payment: • the amount of the first missed payment; • the plan interest rate for missed payments; and • payments that were due before the deemed distribution date but that were not made, with interest through the deemed distribution date. 6b If available, the full name(s) of the Missing Participant’s beneficiaries. Attach a copy of the beneficiary designation form, if available. 7 Enter check marks for all documents which are attached. 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 |