204(h) notice on termination

[Guest JM123]

Anyone aware of an exception to 204(h) notice requirement for a money purchase plan that is being terminated and sponsor is liquidating in bankruptcy?

[JanetM]

Well if sponsor is being liquidated all the employees are terminating and no future accruals will be earned. In a couple of weeks I can't see that the plans sponsors liability to the plan can be increased much. Make the notice with the future date but from the sound of your post there won't be anyone left to get a benefit?

[Guest JM123]

That is a good point. Thank you.

If the "terminated" plan's assets are finally distributed after the sponsor no longer exists (and after bankruptcy estate has been closed), who signs the terminal 5500? Would it be necessary to engage a QTA even though plan trustee is administering the plan termination?

[JanetM]

Someone will have to be named as sponsor if the legal entity sponsoring the plan will go out of existance. The entity that sponsors the plan now will have to name a new sponsor - that person/entity would select Trustee. The sponsor could act as both sponsor and Trustee to wind up the plan and make the final distributions and filings.