Partial Plan Termination questions

[wsp]

1) Does seasonal work (ie timber companies) count as employer or employee driven initiated separation? The employees always had the option to hire back the next spring but it's possible that some were not hired back at behest of employer. Doubt that number reached the 20% threshold though.

2) If a TPA says that a partial plan termination has occurred and all subsequent paperwork shows effected participants at 100% vested but there is no amendment and no determination filing was done...was there indeed a partial plan termination? Can it be determined later that a partial plan termination did NOT occur and the vesting reverted back which then leads to forfeitures? Even though participants may have received multiple statements showing them as 100% vested?

edited note: I'm not trying to get anyone out of anything...#2 is the situation that actually occurred and I'm trying to figure out if it was handled correctly or not.

[Guest willow]

I also have a question about partial plan termination and it seems like it is a question similar to the old saw, if a tree fell in a forest, but no one was there, did it make a noise?

If a company is letting go about 20% of its workforce, but has no ER contributions (and nothing to vest) are the facts and circumstances such that it doesn't matter??

Thanks,

Willow

[WDIK]

Willow:

I read your question as asking, "Does it matter if the '20%' is not fully vested?"

I would turn the question the other was, "What does it matter if the '20%' are fully vested?"

[Guest willow]

WDIK:

Thanks for the response.

Either way the question is phrased, I am not sure it matters.

The facts still appear to be the same (at least to me).

An employer is letting go about 20% of it population (I am not sure it is 20% of employees or 20% of participants, although I assume it is 20% of employees and a lesser amount of participants).

The employer has never had an ER contribution, hence no vesting schedule.

Could this be considered a partial plan termination and since there is no vesting (or everyone is already fully vested) are there other considerations to take into account?

Thanks,

willow

[Blinky the 3-eyed Fish]

If the man had a goat but you needed a horse, would a donkey serve your purpose?

If 2 schillings bought you a candy and a dollar a soda, would the rooster crow at midnight?

If I gave you 50% of nothing or nothing would you care either way?

Answer these questions and inner peace will be with the rooster riding on a donkey.