204(h) Notice Requirement

Does anyone have a sample 204(h) notice?  I have a Cash Balance Plan terminating, so it is required to be sent 15 days prior to termination correct?

Thanks in advance!

If the plan is less than 100 participants and not covered by PBGC, then yes, 15 days. If freezing benefits before the termination date, then 15 days before that amendment. If >100 participants, 45 days, and if PBGC covered then a Notice of Intent to Terminate is due 60-90 days in advance (and PBGC has a model).

If you use a pre-approved document that provider should have 204(h) statements, I know FTW does.

Can't they be pretty basic. Something like...

PLAN NAME

NOTICE UNDER ERISA §204(h)

Benefit accrual under "the Plan" will cease effective (enter date).

"The Plan" will be terminated effective (enter date).

Plan Sponsor or Plan Administrator

Contact Info

Date of Notice

Lou

No, you have to provide prior benefit structure and new benefit structure as of amendment date on the notice.

Plan termination date is not required on the notice.

Cusefan provided the additional requirements under PBGC coverage.

21 hours ago, Lou S. said:

Can't they be pretty basic.

Yes, they are fairly basic for a plan freeze, but as Jakyasar noted you do need to describe the prior structure as well as the new structure which is the freeze (no future contribution credits). The prior structure description should include the contribution credit formula (either plan-wide or that applicable to the participant receiving the particular notice) and the interest crediting rate methodology.