PBGC Form 500 filing timing

[Richard Anderson]

Can PBGC Form 500 be filed before the proposed plan termination date.

Example; Proposed termination date of 3/31/2007.

Notice of intent to terminate is given to participants on 1/15/2007

Form 500 filed on 1/31/2007.

Thanks.

[WDIK]

According to instructions, Form 500 must be filed on or before the 180th day after the proposed termination date. I am not aware of a reason why the Form 500 could not be filed prior to the proposed termination date, however, it must be filed after the Notices of Plan Benefits.

(Of course the determination of who is required to receive a notice of plan benefits is based on status as of the proposed termination date, so that may be the catch.)

[Effen]

We have filed Form 500 prior to the termination date without any problems.

[flosfur]

The Form 500 refers to "proposed" termination. Since "proposed" implies in the future, filing before the "proposed" termination date should be OK.

My beef with the form is that if one can file the form within 180 days after the termination date, why don't they change the form to say "actual or proposed" termination date?

[John Feldt ERPA CPC QPA]

We have also filed the 500 before the termination date successfully. In one instance, we filed the 500, provided the Notice of Plan Benefits, and provided the intent to terminate all at the same time, then provided the distribution forms to the participants 60 days later, and the plan was paid out approx 30 days after that. A bit stressful, but do-able.