ERISAAPPLE Posted June 21, 2018 Posted June 21, 2018 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.
Madison71 Posted June 22, 2018 Posted June 22, 2018 I think ERISA 101(c) with 5500 instructions is sufficient?
ERISAAPPLE Posted June 22, 2018 Author Posted June 22, 2018 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.
imchipbrown Posted June 23, 2018 Posted June 23, 2018 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?
ERISAAPPLE Posted June 24, 2018 Author Posted June 24, 2018 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.
Mike Preston Posted June 25, 2018 Posted June 25, 2018 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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