2008 5500 for HW Plan "Wrapped" January 1, 2009

[Guest Chaffee]

Currently, Plan Sponsor files 3 separate Form 5500s for its H&W Benefits.

Wrap Document was drafted effective January 1, 2009 to consolidate into one filing for 2009 and forward.

What is the proper treatment of the 2008 filings for the 3 individuals Plans? I have received conflicting thoughts and wanted to see if anyone had a definitive guidance.

Should you:

Check Box B3 as a FINAL Return and Report 0 participants on Line 7? Under this approach, should you also show 0 participants on the respective Schedule A's or do you still want to give some acknowledgement to the fact that participants were covered during the year?

OR

Should you enter Code 4R on Line 8b - indicating plan will not file a form 5500 for next year pursuant to 29 CFR 2520.104-20 (i.e. will be less than 100 participants on January 1st of following year)?

Anyone have any published guidance?