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Company bankrupt - H&W 5500 necessary if fully insured?

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Flyboyjohn's description of situation is correct, but let me sound a note of caution. As far as I know there is no DOL guidance that "forgives" requirement for 5500 just because employer in bankruptcy. DOL could take the position that the Plan Administrator is the bankruptcy trustee or a principal of the company, or even the owner, if this is a Chapter 11 and someone at company, or the owner, is personally making decisions regarding what to do about the plan's admin. That could lead to personal liability for such individual as de fact plan administrator, and he/she might be well-served by paying the costs of preparation out of his/her own pocket, if necessary.

Just saying. Will be interested to know if anyone has "hands on" experience of this issue with DOL.

Luke Bailey

Senior Counsel

Clark Hill PLC

214-651-4572 (O) | LBailey@clarkhill.com

2600 Dallas Parkway Suite 600

Frisco, TX 75034

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If the company no longer exists, presumably there are no employees and no plan, so why did the original question ask about "future 5500's"?

Perhaps it's prudent to narrow down the meaning of "gone bankrupt".  Maybe it's not liquidation, but reorganization?  Just askin'.


I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

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David - good questions.  In response

company in liquidation effective mid-year. There is no more company period.

Because it ended operations mid year, there were benefits offered for part of the current plan year that is subject to a 'future 5500'.

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