AFTAP; Participant Notice when below 80%

[JAY21]

Is the AFTAP notice requirement for under funded (less than 80%) also required for the following year's presumptive result (10% reduction) when/if that result is less than 80% and 2009 Val/AFTAP is still not done yet ?

For example, say your 2008 AFTAP is 83% but the "presumptive requirement" for the following year as of 4/1/09 is that if the Val/AFTAP is not done yet it drops 10% to 73%. Is the notice required at that time (4/1/09) or does the notice ONLY apply to final current year AFTAPs below 80% and NOT the presumptive result as of 4/1/09 ?

If it's required then I suppose it's the 30 days after 4/1/09 ?

[Blinky the 3-eyed Fish]

The notice is required when the plan becomes subject to a restriction. In your example once the AFTAP is deemed to be 73%, a restriction applies and a notice must be given.

[JAY21]

Thanks !

[Andy the Actuary]

If it's required then I suppose it's the 30 days after 4/1/09 ?

The "gray" area is if the EA certifies the 2009 AFTAP to be at least 80% after March 31 but prior to May 1 and no lump sum benefits are payable effective 4/1/2009. In such case, some actuaries, attornies, and I take the position no notice need be given.

My rendition of Circular 230: If you rely on this advice, don't blame me.