ERISA 204(h) Notice Due to Merger of MPP/PSP?

[Christine Roberts]

Would a terminating profit sharing plan that contains accounts rolled over from a money purchase pension plan formerly sponsored by the same employer (the plans were merged) be subject to notice requirements under ERISA Section 204(h)? I am thinking the answer is "no" because benefits aren't accruing under the PSP. Any comments welcome.

[Guest Mr. X]

A 204(h) notice is only required for a plan subject to the minimum funding requirements of IRC 412. A profit sharing plan is not subject to those requirements, and thus no notice is required. The fact that monies from a money purchase plan were rolled over into this plan is irrelevant.