We administer a 5 participant calender year DB. The company owner, his wife and three unrelated employees participate in the plan. The plan is covered by PBGC.

As of December 31, 2004 the plan was frozen and the plan will terminate 2/25/2005. All notifications (204(h) notices etc.) have been prepared and signed although nothing has been sent yet to PBGC or IRS.

Question: would it be possible to unfreeze the plan and withdraw the termination?

They wish to instead terminate the plan next year.

Thanks.

Yes, certainly. However, do the documentation correctly.

Assuming the plan sponsor properly adopted resolutions for termination and that the resolutions were properly posted to corporate minute book, then create a new resolution.

Warning: If you have already informed people of full vesting, you should not now try to take it back with partial vesting for distributions during 2005.

Agree.