Instructions For Form 5307 (Rev. 2014) (Page 4 of 5) in pdf

a foreign entity;

Line 4b. Enter the three-digit number,

Line 13. Attach a statement that

a nonresident alien individual;

beginning with ‘‘001’’ and continuing in

provides the following for the plans

foreign corporation;

numerical order for each plan the

involved:

foreign partnership;

employer adopts (001-499). This

1. Name of plans,

foreign trust;

numbering will differentiate the plans.

2. Type of plan,

The number assigned to a plan must not

foreign estate; or

3. Date of merger, consolidation,

be changed or used for any other plan.

any other person that is not a United

spinoff, or a transfer of plan assets or

This should be the same number that is

States person.

liabilities, and

used when the Form 5500 series Annual

See Section 1473(5) and 7701(a)(30).

Return/Report is filed.

4. Verification that each plan

Line 6b. If “Yes,” complete only

involved was qualified at the time of the

Line 4c. Plan month means the month

applicable sections of this form.

merger, consolidation, spinoff, or a

in which the plans year ends. Enter the

Governmental plans under section

transfer of plan assets or liabilities.

two-digit month (MM).

414(d) are exempt from certain

qualification requirements and are

Note. Verification includes a copy of

Line 4e. Enter the total number of

deemed to satisfy certain other

a prior DL, if any, interim and

participants. A “participant” is:

qualification requirements under certain

discretionary amendments effective for

1. Any employee participating in the

conditions. For example, the

the applicable submission period and

plan, including employees under section

nondiscrimination, minimum

the appropriate opinion or advisory

401(k) qualified cash or deferred

participation rules, top heavy rules, and

letter and/or adoption agreement and

arrangement who are eligible but do not

minimum funding standards do not

plan document. Otherwise, provide a

make elective deferrals,

apply to governmental plans. In

signed and dated copy of the most

2. Retirees and other former

addition, such plans meet the vesting

recent restatement and any subsequent

employees who have a nonforfeitable

rules if they meet the pre-ERISA vesting

amendments.

right to benefits under the plan, and

requirements.

The plan and amendments submitted

3. The beneficiaries of a deceased

to verify the plan was qualified prior to

Line 6c(2). Church plans described in

employee who is receiving or will in the

the merger, consolidation, spinoff, or a

section 414(e) that have not made the

future receive benefits under the plan.

transfer of plan assets or liabilities, are

election provided by section 410(d) are

Include one beneficiary for each

for information purposes only and will

not eligible to have a VS plan.

deceased employee regardless of the

not be ruled on.

Line 6e. Fully-insured section 412(e)

number of individuals receiving benefits.

If applicable, file Form 5310-A,

(3) plans, other than plans that by their

For example, payment of a deceased

Notice of Plan Merger or Consolidation,

terms satisfy the safe harbor in

employee’s benefit to three children is

Spinoff, or Transfer of Plan Assets or

Regulations section 1.401(a)(4)-3(b)(5),

considered a payment to one

Liabilities; Notice of Qualified Separate

are not eligible to have a VS plan.

beneficiary.

Lines of Business, 30 days prior to the

Line 7. Section 3001 of the Employee

merger, consolidation, or transfer of

Lines 4f and 4g. See Notice 2002-1,

Retirement Income Security Act of 1974

assets or liabilities.

2002-1 C.B. 283, (as amplified by

requires the applicants subject to

Notice 2003-49, 2003-32 I.R.B. 294 and

Line 15a. Attach a statement for each

section 410 to provide evidence that

Notice 2011-86, 2011-45 I.R.B. 698), for

plan, which includes the following

each employee who qualifies as an

further details, including how to

information:

interested party has been notified of the

determine compensation.

filing of the application. If “Yes” is

1. Name of plan,

marked, it means that each employee

Line 6a(1). If the employer is a

2. Type of plan,

has been notified as required by

member of a controlled group of

3. Form of plan (standardized,

Regulations section 1.7476-1. If this is a

corporations, trades or businesses

non-standardized, VS, or individually

one-person plan or if this plan is not

under common control, or an affiliated

designed),

subject to section 410, a copy of the

service group (ASG), all employees of

4. Plan number,

notice is not required to be attached to

the group will be treated as employed

this application. If “No” is marked or this

by a single employer for purposes of

5. Vesting schedule,

line is blank, the application will be

certain qualification requirements.

6. Whether the plan has received a

returned.

Attach a statement that provides the

DL or an application for a letter is

following in detail:

Rules defining “interested parties”

pending with IRS.

and the form of notification are in

1. All members of the group,

Regulations section 1.7476-1.

Lines 15b and 15c. See M-8, M-12,

2. The relationship of each member

and M-14 of Regulations section

to the plan sponsor,

Line 8b. See Rev. Proc. 2007-44 for

1.416-1.

explanation of on-cycle filing for

3. The type(s) of plan(s) maintained

pre-approved plans.

Line 16. Section 411(d)(6) protected

by each member, and

benefits include:

4. Plans common to all members.

Line 12. If “Yes”, attach a separate

The accrued benefit of a participant

statement providing the name, EIN and

as of the later of the amendment’s

Line 6a(2). Mark “Yes” if the plan

plan type of the other plan and a copy of

adoption date or effective date;

sponsor is a foreign entity, a member of

pertinent plan provisions from the

Any early retirement benefit,

an ASG, a controlled group of

related plan regarding the offset.

retirement-type subsidy, or optional

corporations, or a group of trades or

form of benefit for benefits from service

businesses under common control that

before such amendment.

includes:

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Instructions For Form 5307 (Rev. 2014) Page 4

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