ESOP termination

[t.haley]

Client wants to terminate ESOP that has been frozen as to new participants and benefits as of 12/1/05. We did not represent plan at that time but have been told that participants were given notice of plan freezing. We would like the effective date of termination to be 12/31/09. What notice to the participants is required? If notice is required what is the required notice period? I have found a lot of discussion about 204(h) notices for DB and MPP plans and plans subject to PBGC rules, but nothing for DC and ESOPs. I was going to just prepare a SMM with the PPA, HEART and WRERA changes and include a notice of plan termination date on 12/15 (15 days notice prior to termination date). Is this sufficient?