Notice of Benefit Restricition (436)

[Dinosaur]

I have 2 questions:

I have a 1 person plan with an AFTAP of 65% as of January 1, 2009. Is a Notice of Benefit Restriction required since only 1 person? I couldn't find anything that excluded the 1 person plan from providing a notice.

Also, what about a plan (also with an APTAP of 65%) that is non-PBGC. Is a notice required? Since the restricted amount has to do with the limits of the PBGC would this plan have to do a notice? I would think it would since I couldn't find anything that excluded non-PBGC plans.

[david rigby]

1. I've seen nothing that would exempt a 1-person plan.

2. Doesn't the AFN apply only to PBGC-covered plans?

[Effen]

I agree the AFN only applies to PBGC plans, but I think Dino was asking about the benefit restriction notice which would apply to all plans.

[Dinosaur]

You are correct Effen

Is a Notice of Benefit Restriction (AFTAP <80% or <60%) (not an AFN) required if a plan is non-PBGC. I don't see anything so I am I correct in assuming that non-PBGC plans along with 1 person plans require a Notice if the AFTAP is <80%?