nancy Posted December 13, 2000 Posted December 13, 2000 Has anyone had any experience recently with the PBGC regarding timing on the distributions in a plan termination? We had a client who missed the date by 6 days and I'm wondering if they nullify the termination what does that really mean? The plan was frozen so there are no additional accruals.
David MacLennan Posted December 15, 2000 Posted December 15, 2000 I don't have any recent experience with this, but I believe that the PBGC now has more discretion in these cases, particularly if you can show the benefits under a delayed termination date would result in zero additional benefits, which can sometimes happen if interest rates go up, etc. However, a word of warning: working with the PBGC can be frustrating - I had a case like yours and it took the PBGC over 2 years to make a decision, but this was in 1993-1995, some time ago. Nullifying the termination means the prior termination date is null and void, meaning actuarial valuations may be needed for subsequent plan years, and possible top-heavy accruals.
Lorraine Dorsa Posted December 17, 2000 Posted December 17, 2000 We've had positive experience with the PBGC in recent years. I'd give them a call as soon as possible, explain why the client missed the deadline and ask for their advice re how to work this out. They've been very good with working with us on minor slip-ups on timing and paperwork.
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