MPAA

[Andy the Actuary]

To file the PBGC forms electronically, it appears that either (a) the Plan Administrator must give his electronic authorization or (b) the File Coordinator must assume the Plan Administrator role.

I have a number of clients who if a gun were held to their head could not handle the "digital signing" as Plan Administrator. Consequently, the viable alternative is for me to submit the form. However, I surmise that doing so would place me in the role of Plan Administrator which takes on a role that I eschew.

Consequently, it would seem that there should be some sort of waiver I should get the client to execute to permit me to file the form without assuming the responsibility (and liability) of Plan Administrator.

Has anyone crossed this path or am I concerned about woodpeckers in the woodpile?

[WDIK]

Most of our clients have completed their portion of the process with extreme ease. A few have managed to make things much more difficult than necessary. Personally, I would rather deal with the difficulties of those few (telephone calls walking them through every screen multiple times) rather than "sign" the forms on their behalf.

[Guest Rae]

I also have several clients that have yet to embrace email and would not be able to handle electronic filing.

It is my understanding that if an outside party (e.g. a TPA) uploads a filing onto the PBGC's website, that party is only certifying that they are authorized by the plan administrator to submit the filing. The actual plan administrator is still the one who actually certifies (on the paper copy of the filing) that the information is correct.

[Andy the Actuary]

Rae, thank you.

(1) From where did this understanding come? Is there a printed source?: "It is my understanding that if an outside party (e.g. a TPA) uploads a filing onto the PBGC's website, that party is only certifying that they are authorized by the plan administrator to submit the filing. The actual plan administrator is still the one who actually certifies (on the paper copy of the filing) that the information is correct."

The PBGC instructions define the "Plan Administrator" as:

"a. the person specifically so designated by the terms of the instrument under which the plan is operated; or

b. if an administrator is not so designated, the plan sponsor."

(2) What paper copy? If you file electronically, there is no paper copy. PBGC premium payment Instruction books do not contain forms.

[Guest Rae]

I had to do a bit of digging before I found this information myself.

If you go onto the PBGC website, follow the links for:

Practitioners,

Online premium filing (My PAA)

My PAA users manual (under Additional Resources)

The manual is a .pdf file that gives quite a bit of detail. Pages 36 and 37 give the details on certification. Also, as you actually upload the filing, there is a certification screen that has similar information (i.e. "If I am the uploader, I certify I am authorized to upload, etc., . . . . If I am the plan administrator, I certify the info is correct, etc. . . . .)

When you upload a filing as TPA/actuary, you have to have the plan administrator sign a paper copy to keep with the plan files. I use Relius software to prepare the PBGC forms for review and for sending to the plan adminstrator (as we've done in the past). This is the copy that the admin will certify and keep. Relius also has a utility that lets you convert the PBGC filing into an electronic .XML file for upload.

One important bit of information that I found very recently in the manual is that the admin must certify his/her copy of the PBGC filing within 2 weeks after it's been uploaded, otherwise, it's considered late and is subject to penalties. (page 39 of the manual). (Payment of the premium can be done by the normal due date.) With this requirement hidden in the manual, I'm finding that the upload process is going to be more of a pain than I had initially anticipated.

I guess the PBGC is going to drag my email-averse and rural clients into the electronic age kicking and screaming all the way in.

[AndyH]

Thanks for this thread. This is very useful information. I actually have one filing approaching for a client with no computer and no email that I hadn't figured out how to handle.

I just love the PBGC - they're just so efficient and trendy. So what if my first two attempts with clients last year took dozens of hours because they hadn't worked out all the kinks. So what if you have a problem with service and call the problem resolution line and get the same person you had a problem with. That's just efficiency. So what if pop up surveys about the website keep interupting use of the website. So what if it takes a couple of more years for them to reply to the technical advice emails I sent they a couple of years back-they're tough questions after all!