Schedule P - Terminated Plan

[Guest tscher]

We would like to file an amended final Form 5500 for a short plan year ended 4/1/2004. The form 5500 was originally filed with a 3/31/2004 plan year end. However 4/1/2004 was the date the Plan assets were transferred out of the Plan, to a new trustee (4/1/2004 the Plan was terminated) hence we are amending the 5500. The former trustee who signed the schedule P has provided us with a Schedule P year ended 3/31/2004. Will the DOL care if the Schedule P has a year end 3/31/2004 while the other Schedules will have a 4/1/2004 plan year end? Any suggestions?

[E as in ERISA]

Schedule P is not required. Its a filing for the exempt trust with the primary purpose for filers being to run the statute of limitations on the trust. So that should you get audited they can theoretically only go back three years. Any years for which there is no Schedule P they can potentially audit forever. So does it matter?