8955 for terminating plan

[JKW]

I have a plan that terminated in 2011 so all participants were paid out in 2011. Do I still need to file an SSA for 2010 with people with a vested benefit even though I know they were already paid out in 2011. It seems foolish to report them this year just to remove them next year. Any thoughts?

[Tom Poje]

the instruction indicates the follwoing:

A participant is not required to be reported on Form 8955-SSA if, before the date the Form 8955-SSA is required to be filed (including any extension of time for filing), the participant:

1. Is paid some or all of the deferred vested retirement benefit (see the Caution below),

Caution! top If payment of the deferred vested retirement benefit ceases before ALL of the participant's benefit is paid to the participant or beneficiary, information on the participant's remaining benefit shall be filed on the Form 8955-SSA filed for the plan year following the last plan year within which the payment ceased.

......

based on that, because the 8955 wasn't required until real real soon, I think you have an out.

but then, that is only my thought. emphasis from instruction was mine.