Accountant's Opinion/Large Plan Filing

[Guest dhall]

A plan has NEVER filed as a large plan filer. This year the BOY participant count is 111, and 139 at EOY, including terminated participants. In reading Sal's book, I am under the impression that I can continue to file as a small plan filer because my participant count went above 99, but stayed below 120 (at the beginning of the year). The question is, because of the 139 participants at the END OF THE YEAR, if I were to get them paid out (the 29 termed) by the end of 2009, could I again avoid being a large plan filer if my participant count at the beginning of 2010 is still below 120?

[PensionPro]

If your participant count on 1/1/2010 is below 120 and you filed as a small plan for 2009, you can file as a small plan for 2010. Remember to count all the employees who enter the plan on 1/1/2010.