Insolvent Employer Plan Termination Fees

[Guest Paulaangell]

IN the case of an employer who is insolvent, and who has a profit sharing/401(k) plan which must be terminated, is the TPA justified in saying that the GUST amendment and final reporting requirements are payable from the plan assets? The TPA does not wish to do the work for no fee, and the employer apparently has no way to pay any fees. I'm sure that this isn't a unique situation, and I'd like to hear from anyone who has dealt with it. This is a small plan (assets of less than $45K), and I wonder if approaching the owner to pay the fees out of his/her distribution might have worked for anyone.