Form 5500 reporting

[LIBERTYKID]

Employer sponsors a 403(b) plan that was treated as subject to ERISA discontinues all contributions prior to 1/1/09. The plan solely maintains individual annuity accounts in which the employer has no authority. It is my understanding that the assets of the individual contracts are not treated as plan assets for form 5500 reporting purposes. Does this mean that the employer does not need to continue to file a form 5500, or does it file a 5500 but indicate that the plan has no assets? It does not appear that the plan can be terminated as the employer has no authority over the individual contracts. If you think there is a way to formally terminate it let me know.