Where does it say LOD is voluntary

[ombskid]

Client wishes to terminate without filing for a LOD

Someone asks "where does it say you don't have to file for a LOD"?

Anybody have a simple, concise answer to just that question?

[shERPA]

Instructions to form 5310

Who May File

"Any plan sponsor or administrator of any pension, profit-sharing, or other deferred compensation plan (other than a multi-employer plan covered under PBGC insurance) may file this form to ask the IRS to make a determination on the plan’s qualification status at the time of the plan’s termination." [Emphasis added]

[QDROphile]

It is better to ask where a requirement is specified if someone is asserting a requirement, especially if the person who is asserting the requirement will be paid for taking care of the matter.

[ombskid]

It is better to ask where a requirement is specified if someone is asserting a requirement, especially if the person who is asserting the requirement will be paid for taking care of the matter.

But in this case we are saying there is no requirement, and they are asking where does it say that.

[QDROphile]

Then I wonder where the question came from. Usually mortals do not create something from nothing. It is probably not feasible to pry just to satisfy curiosity. Perhaps someone had been through a termination before at another employer and remembers an application for a determination on termination, but not much more. It is still tempting to turn tables when one is asked to prove a negative. I would not dissuade a sponsor from getting a letter if the sponsor wants one.

[david rigby]

May? Of course.

Should? This plan sponsor might need some objective advice.