Guest tintree73 Posted March 31, 2004 Posted March 31, 2004 I'm in the middle of "due diligence" and need to find out where I can find out what the underfunded status of the multiemployer plan we are a participating employer in (and what our "withdrawal liability" would be as of a specific date). How do I get this info? I tried pbgc.gov and freeerisa.com (am I missing something)? I cannot get a hold of the Form 5500. Can we ask the union for this information?
Effen Posted April 1, 2004 Posted April 1, 2004 If you are a participating employer, all you need to do is ask the Fund. You have a right to all of this information. They should be able to tell you if a withdrawal liability exists, but they may charge you for the "what if" if you want a specific number. The material provided and the opinions expressed in this post are for general informational purposes only and should not be used or relied upon as the basis for any action or inaction. You should obtain appropriate tax, legal, or other professional advice.
david rigby Posted April 1, 2004 Posted April 1, 2004 I think the charge for a 5500 is if you get your own copy. If you just sit there and read it, isn't the charge zero? I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.
Effen Posted April 1, 2004 Posted April 1, 2004 The charge I was refering to was for the "what if" on the withdrawal liability calculation. They would most likely have to ask the actuary to do the calculation, who would probably charge the Fund, which they may pass on to the employer. Generally, I don't think the Funds charge participating employers to copy information that they have a right to see (annual valuations, Form 5500), but I think they could. I agree with you PAX, that if they went to the Fund office and just looked, they wouldn't be charged. The material provided and the opinions expressed in this post are for general informational purposes only and should not be used or relied upon as the basis for any action or inaction. You should obtain appropriate tax, legal, or other professional advice.
MGB Posted April 1, 2004 Posted April 1, 2004 Courts have stated that a plan is under no requirement to answer to what if scenarios, even if someone wants to pay for it. The plan only needs to give a rough estimate of the withdrawal liability, not an actual number. A 5500 would not provide sufficient information to be able to determine withdrawal liability.
Guest tintree73 Posted April 1, 2004 Posted April 1, 2004 Thank you all so much! One last thing . . . what if we don't want the union to necessarily know that we are considering selling? In other words, would we be "tipping our hat" if we asked the union for our withdrawal liability? Would this hurt our relationship with the union? I'm guessing the answer is yes, but there is no other way to get at the info. Thanks again.
J2D2 Posted April 1, 2004 Posted April 1, 2004 That's definitely a concern, tintree73. It's also the reason that I advise employers who contribute to multiemployer plans to request the info they need to estimate their own withdrawal liabilty each year. Making the request each year avoids raising red flags and also allows the employer to keep a handle on the potential liability.
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