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PBGC Plan Term filing after annuities purchased


pixiebear

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We have a defined benefit plan with 21 retirees and no active participants. The employer wants to purchase annuities for the retirees now however we feel they should go through the PBGC plan termination process first. Can they purchase the annuities now, pay out the retirees and then file with the PBGC with 0 participants and $0 assets? The employer has not initiated any formal plan termination process.

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What does the plan say?  Does the plan include administrator flexibility to purchase an annuity?  Hint: most plans do.  If so, the word "termination" is not relevant.

BTW, if the plan does make such a purchase, please avoid the phrase "pay out the retirees".

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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Just an FYI... I had a plan with no active participants.  We offered lump sums to the non-retirees and then purchased annuities for those in pay status.  After that we filed a plan termination with the PBGC showing 0 participants and $0 assets.  PBGC stated I was circumventing the plan termination rules and that then audited the Plan.  Everything was fine but the PBGC was not happy!!!

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