Merged plan - Who signs the Form 5500?

[Lori Friedman]

A plan merges into another existing plan. Transferor terminates by transferring 100% of its assets, obligations, and participants to Transferee. Transferee is the surviving plan.

Who signs Transferors's final Form 5500?

I can't find any guidance, so I'm relying on (what I hope is) common sense. It seems to me that Transferor's trustees are responsible for filing the plan's final return and, therefore, that Transferor's trustees must sign the Form 5500. I'm disagreeing with a TPA who's telling the Transferee trustees to sign.

Does anyone have an opinion? How have you handled this matter with your own clients?

[JanetM]

Lori,

I agree with you, the trustees of the t/or should sign the final 5500. The Trustees of the T/ee plan can't do it unless the T/or plans have named them PA prior to the transfer.

[jpod]

I'm confused. Isn't the 5500 supposed to be signed by the Plan Sponsor and PA of the transferor plan? What's the problem?

[Bird]

I agree. The transferor administered the plan while it was active and should sign.

[JanetM]

Ask TPA if they can show you where the rules allow T/ee PA to sign. Stop wasting time on showing them they are wrong, make they prove to you they are corect.