AFNs and missed quarterlies

[Effen]

Previously, in the old SAR days, we would include a statement on the SAR explaining that the employer missed a quarterly contribution and provide them with all of the required information. Since the SAR was done with the 5500 for the year in question, most people considered this timely notification.

Now that AFN's are due 4 months after the first day of the year, before the employer may have completed the required deposits, do you think it would be ok to wait until the following AFN to report the late quarterlies?

For example, can I report missed quarterlies for 2009 on the 2010 AFN which is distributed in April of 2011 or would the client need to do a stand alone notice? If you think it needs to be a stand alone notice, when would you send it?

[AndyH]

Sure. There is no prescribed notification timing for late quarterly notice under the ERiSA requirement, it's based on regulations to be issued by the Secretary that never were. There isn't currently a PBGC participant quarterly notice requirement, is there?