Merger - 5310-A Needed?

[Guest boston431]

We are merging two standardized 401(K) prototype plans by 12.31.2003. Our administrator is telling us that we just do a plan document amendment and let them handle the rest. I did some research and was concerned because this one form call 5310-A keeps being mentions with regard to plan mergers and we have not filed it.

Our administrator is telling us that the 5310-A is not required (but won't tell us why) and that it is better to file this on the next 5500 schedule I that we file. Is this adequate? I ask because the 5500 instructions mention the 5310-A as though it should have been done in addition to the information on the 5500 (but of couse don't go out and say that). Any ideas?

[Guest tintree73]

Everyone - correct me if I am wrong, but I thought you had to do both - unless the broad exception listed in the Form 5310 instructions applied to your situation?

[Guest Bob K]

A Form 5310-A is not required to be filed in the merger of two DC plans if the requirements of 1.414 of the regs are met. This means that the balances are the same before and after the merger.

A Form would have to be filed if there was an outstanding minimum funding violation.

Check the instructions and I think that you will find that one is probably not necessary in your case.

[WDIK]

Form 5310-A must be filed at least 30 days before the merger, but if the Form 5310-A is not required to be filed are there other timing requirements for notice to participants? We have typically used the 30 days as a rule of thumb, but I was not able to quickly find a reference to additional notice requirements.