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Posted

Is anyone aware of a cite that says the 5500 must continue to be filed until all assets are distributed?  I see it in the 5500 instructions, but I don't see it any the regs or any advisory opinion.  I did find a PLR, but I would like a DOL cite.   

Posted

I can get there with every plan "to which this part applies."  See Section 103.  If the plan has assets, then "this part applies."  It would be nice to have something for directly on point. 

Are you sure 101(c) is talking about the 5500?  Not every plan files a final 5500 with the PBGC, and 101(c) would suggest they must if 101(c) is talking about the annual report.  

Posted

I don't remember the penalties; I'm familiar with the $25/day - $15,000 max one, but also seem to recall DOL, IRS and PBGC can levy separate penalties for not filing. 

Perhaps you've discovered a 5500 that's overdue?  Ouch.

Can you charge some admin fees against the balance to zero out the trust?

Posted

This plan is subject to the PBGC and is being turned over in a distress termination.  It is more complicated than just charging admin fees.  Thanks.  

Posted

The moment the PBGC takes over the requirement for further 5500's ceases.  Exactly where to cut the cord is sometimes an issue.  The last time I went through this the plan sponsor decided the course of least resistance was to prepare filings for all years that ended prior to the date the plan was taken over by the PBGC and let the PBGC worry about any years after that.

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