Looking for a Form 5310 Templates? Download it for free!

Line 14a. Check ‘‘Yes’’ if the plan is

the conditions necessary to receive

substantially equal payments (either

intended to satisfy the permitted

such benefits. See section 411(d)(6)

alone or in conjunction with other

disparity requirements of section 401(I).

and Regulations section 1.411(d)-3 and

benefit payments) over the life of the

Rev. Rul. 85-6, 1985-1 C.B. 133.

participant.

Line 14b. To satisfy section 401(l), a

plan must provide that the overall

Line 17d. Answer ‘‘Yes’’ if any funds

Line 17l. Section 416 provides that

permitted disparity limits are not

were contributed in the form of, or

plan participants in a top-heavy plan

invested in, obligations or property of

exceeded and specify how

who are non-key employees must

employer-provided contributions or

the employer (including any entity

accrue a minimum benefit or receive a

related to the employer under section

benefits under the plan are adjusted, if

minimum contribution.

necessary, to satisfy the overall

414(b) or 414(c)).

Line 17m. If ‘‘Yes’’ is checked, attach a

permitted disparity limits. See

Line 17f. If there is a contribution

list for each plan with the following

Regulations section 1.401(l)-5.

receivable that the employer intends to

information:

make by the required due date for

Line 14e. Plans that use a

1. Name of plan,

section 412, and no funding deficiency

nondesign-based safe harbor or a

2. Type of plan,

general test to satisfy section 401(a)(4)

will exist after the contribution is made,

3. Plan number, and

this line should be answered ‘‘No.’’

for the year of termination must attach

4. Indicate if another application is

a Demo 6 (see Guidelines for

simultaneously being submitted with

Line 17h(1). Provide a description of

Demonstrations) unless: (1) the plan

the transaction(s) and attach a

this application.

has received a favorable determination

statement which must include the:

regarding the nondesign-based safe

Line 18. Complete this only for defined

1. Name(s) of the sponsor(s)

harbor or general test in the 3 years

contribution plans. Enter the date of the

involved,

preceding the date of termination, and

current plan year and the prior 5

2. Employer identification number(s)

(2) the plan has not experienced a

plan-years in the columns indicated.

of the sponsor(s),

material change in the facts (including

Line 18b. Enter the amount of

3. Plan administrator’s name(s) and

benefits provided and employee

forfeitures for each of the plan years

EIN, and

demographics) on which the

entered. If these forfeitures resulted

4. Plan name(s) and plan numbers.

determination was based.

from a cashout for a year not listed on

Line 15a(4). A dropped participant

Line 17h(4)(A). All plan liabilities must

line 15a, attach a statement indicating

means any participant who has

be satisfied before assets can revert to

the year of the cashout.

terminated employment even if their

the employer upon termination of the

Line 18c. Enter the amount of

benefits have not been distributed.

plan. All liabilities will not be satisfied if

transfers and rollovers received from

the value of retirement-type subsidies

Line 15a(6). Enter the number of

qualified plans (under section 401(a)

are not provided participants who, after

participants separated from vesting

and/or conduit IRAs) for each of the

the date of the proposed termination,

service with less than 100% vesting in

plan years entered.

satisfy certain pre-termination

their accrued benefit or account

Line 19. Check the box or boxes that

conditions necessary to receive such

balance.

indicate the form(s) of distribution of

benefits. See section 401(a)(2),

Line 15b. Attach a schedule with the

benefits for your plan upon termination.

Regulations section 1.401-2(a)(1) and

following information for each

Submit a statement that all distributions

Rev. Rul. 85-6.

participant who has separated from

have been or will be made in

Line 17h(4)(B). The annuity contracts

vesting service with less than 100%

accordance with plan provisions and

purchased must be guaranteed for

vesting:

proper spousal consents will be

each participant. However, in order to

1. Name of participant,

secured, when applicable.

maintain qualification of a continuing

2. Date of hire,

Line 20. Complete the statement

pension plan, the contracts covering

3. Date of termination,

showing the estimated fair market value

participants’ accrued benefits in the

4. Years of participation,

of the plan assets and liabilities as of

plan must not be distributed except in

5. Vesting percentage,

the proposed date of termination or the

accordance with Regulations section

6. Account balance/account benefit

latest valuation date.

1.401-1(b)(1)(i).

at the time of separation from service,

Include and clearly identify all

Line 17h(7). Answer ‘‘Yes’’ if your plan

7. Amount of distribution,

liabilities (other than liabilities for benefit

is a defined benefit plan and you intend

8. Date of distribution, and

payments due after the date of plan

that any or all of your participants will

9. Reason for termination.

termination) that are unpaid as of the

be covered by a new or existing defined

proposed termination date or that are

If there is a 20% reduction in

benefit plan of the employer.

paid or payable from plan assets after

participants, explain why this would not

Line 17h(10). If the answer to this item

the proposed date of plan termination

constitute a partial termination.

is ‘‘Yes,’’ attach a list that includes the:

under the provisions of the plan.

Line 17b. Regulations section

1. Name(s) of the plan sponsor(s),

Liabilities include expenses, fees, other

1.401(a)-20, Q&A-2 provides, in part,

2. Employer or sponsor’s EINs,

administrative costs, and benefit

that the requirements of sections

3. Administrator’s identification

payments due and not paid before the

401(a)(11) and 417 apply to the

number(s),

proposed termination date or latest

payments under annuity contracts, not

4. Plan number(s), and

valuation date.

to the distributions of annuity contracts.

5. An explanation of the

Line 20c(4). Include investment

Line 17c. The accrued benefits of a

termination(s) including:

securities issued by a corporate entity

plan participant may not be reduced on

a. The amount(s) of the

at a stated interest rate repayable on a

plan termination. A plan amendment

reversion(s),

particular future date such as most

(including an amendment terminating a

b. The date(s) of termination, and

bonds, debentures, convertible

plan) that effectively eliminates or

c. The reason(s) for termination.

debentures, commercial paper and zero

reduces an early retirement benefit or a

coupon bonds. Do not include debt

retirement type subsidy for benefits

Line 17j. For this question only,

securities of governmental units or

attributable to pre-amendment service

‘‘single-sum distribution’’ will mean a

municipalities.

is treated as reducing the accrued

single payment of the value of a

benefit of a participant if subsequent to

participant’s benefits or a series of

Line 20c(7)(A). Include the current

termination the participant could satisfy

payments that do not provide

value of real property owned by the

-5-

Instructions For Form 5310 - Application For Determination For Terminating Plan - Department Of Treasury Page 5

Related Articles

Related forms

Related Categories