Instructions For Form 5310 (Rev. 2013) (Page 4 of 6) in pdf

pay. Benefits are generally described as

Rules defining "interested parties"

Line 7b. If “Yes,” complete only

a percentage of final pay with the

and the form of notification are in

applicable sections of this form.

percentage determined as the

Regulations section 1.7476-1.

Governmental plans under section

accumulation of percentage points or

414(d) are exempt from certain

Line 11i. If “Yes,” attach a separate

lump sum credits received for each year

qualification requirements and are

statement providing the name, EIN and

of service. Generally, the accumulated

deemed to satisfy certain other

plan type of the other plan, and a copy

percentage points or lump sum credits

qualification requirements under certain

of pertinent plan provisions from the

are multiplied by final average or career

conditions. For example, the

related plan regarding the offset.

average compensation to determine the

nondiscrimination, minimum

Line 12. If “Yes,” attach a statement

lump sum amount.

participation rules, top heavy rules, and

that provides the following:

A cash balance plan is a DB plan

minimum funding standards do not

1. Name of plans involved,

which, rather than or in addition to

apply to governmental plans. In addition

expressing the accrued benefit as a life

such plans meet the vesting rules if they

2. Type of plan,

annuity commencing at normal

meet the pre-ERISA vesting

3. Date of merger, consolidation,

retirement age, defines benefits for

requirements.

spinoff, or a transfer of plan assets or

each employee in terms more common

Line 7c. If a church plan has not made

liabilities, and

to a DC plan, that is, as a single sum

such an election, complete only the

4. Verification that each plan

distribution amount equal to the

portions of this form that apply.

involved was qualified at the time of the

employee’s hypothetical account

A church plan (for which no special

merger, consolidation, spinoff, or a

balance. Benefits consist of an

election under section 410(d) has been

transfer of plan assets or liabilities.

accumulation of hypothetical allocation

made) is ordinarily not subject to various

credits to an account plus hypothetical

Note. Verification includes a copy of a

qualification requirements. Section

accumulated interest credits on that

prior DL, if any, the appropriate opinion

provisions that do not apply to a

account.

or advisory letter, and adoption

nonelecting church plan include section

Line 6b(2). If the plan’s normal

agreement/plan document. Otherwise,

410 (relating to minimum participation

retirement age is below 62, the

provide a signed and dated copy of the

standards), section 411 (relating to

employer (or trustees in the case of

most recent restatement and any

minimum vesting standards), section

multi-employer plan) must submit a

subsequent amendments.

412 (relating to minimum funding

signed statement that this is a good faith

standards for pension plans), and

The plan and amendments submitted

determination of the typical retirement

section 4975 (relating to prohibited

to verify the plan was qualified prior to

age for the industry in which the

transactions). In addition, provisions

the merger, consolidation, spinoff, or a

covered workforce is employed. See

relating to joint and survivor annuities,

transfer of plan assets or liabilities are

Regulations 1.401(a)-1. If this is a

mergers and consolidations,

for information purposes only and will

governmental plan leave blank.

assignment or alienation of benefits,

not be ruled on.

time of benefit commencement, certain

Line7a(1). If the employer is a member

If applicable, file Form 5310-A,

social security increases, withdrawals of

of a controlled group of corporations,

Notice of Plan Merger or Consolidation,

employee contributions, and

trades or businesses under common

Spinoff, or Transfer of Plan Assets or

distributions after plan termination,

control, or an ASG, all employees of the

Liabilities; Notice of Qualified Separate

respectively, also do not apply.

group will be treated as employed by a

Lines of Business, 30 days prior to the

single employer for purposes of certain

merger, consolidation, or transfer of

Line 7g. If the plan involves a section

qualification requirements. Attach a

assets or liabilities.

401(h) feature, reference the feature in

statement that provides the following in

the cover letter and note that this feature

detail:

Note. A termination/reestablishment

is part of the termination application.

transaction occurs when an employer

1. All members of the controlled

The cover letter must specifically state

terminates an overfunded DB plan,

group,

the location of plan provisions that relate

receives the excess assets, and then

to the section 401(h) feature.

2. The relationship of each member

establishes a new DB plan covering the

to the plan sponsor,

Line 8. Section 3001 of the Employee

active employee.

Retirement Income Security Act

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

(ERISA) requires the applicants subject

by each employer, and

Line 14. If “adverse business

to section 410 to provide evidence that

conditions” is marked as the reason for

4. Plans common to all members.

each employee who qualifies as an

termination, attach an explanation

interested party has been notified of the

detailing the conditions that require

Line 7a(2). Mark “Yes” if the plan

filing of the application. If “Yes” is

termination of the plan.

sponsor is a member of an ASG,

marked, it means that each employee

controlled group of corporations or

Line 16a. A dropped participant means

has been notified as required by

group of trades or businesses under

any participant who has terminated

Regulations section 1.7476-1. If this is a

common control within the meaning of

employment even if their benefits have

one-person plan or if this plan is not

section 414(b) or (c); is a foreign entity,

not been distributed.

subject to section 410, a copy of the

a nonresident alien individual, foreign

Enter the number of participants who

notice is not required to be attached to

corporations, foreign partnerships,

separated from vesting service with less

this application. If "No" is marked or this

foreign trusts, foreign estates, and any

than 100% vesting in their accrued

line is blank, the application will be

other person that is not a United States

benefit or account balance. If there is a

returned.

person. See sections 1473(5) and

20% reduction in participants for any

7701(a)(30).

period, attach an explanation as to why

-4-

Instructions For Form 5310 (Rev. 2013) Page 4

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