Guest tbt Posted August 3, 2001 Posted August 3, 2001 Can anyone point me to data on How long a corporation can sponsor a plan after the corporation ceases? Or does the plan have to be dealt with before the date the corp ends. I am getting conflicting answers.
stevena Posted August 6, 2001 Posted August 6, 2001 I imagine that the corporation no longer existing would mean that the plan terminates (no more benefitting employees which would terminate either by partial termination rules (because everyone was laid off, etc. or by distress termination (bankruptcy etc. if partial termination does not apply.) DOL says that in event of termination, benefits must be distributed within a reasonable amount of time which they have defined as one year following the date of termination (subject to a plan by plan review due to complications which may arise from termination)
KJohnson Posted August 6, 2001 Posted August 6, 2001 You may want to look at this thread. The IRS also generally takes the position that a Plan must have a sponsor even if it doesn't "do anything" other than maintain the Plan. Most states have laws that state that a dissolved corporation maintains the power to do all acts neccessary to wind up its affairs, but I am not sure that the IRS is "buying" that this power actually counts as a sponsor http://benefitslink.com/boards/index.php?showtopic=3704
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