- 14 - Since the Pension Plan was a single-employer plan, the question then becomes whether it was terminated in accordance with ERISA sec. 4041(a)(1), 29 U.S.C. sec. 1341(a)(1). As stated, a single-employer plan may be terminated only in a standard or distress termination. ERISA sec. 4041(a)(1), 29 U.S.C. sec. 1341(a)(1). A distress termination requires that the PBGC determine whether any of the criteria for a distress termination have been met. ERISA sec. 4041(c)(2)(B), 29 U.S.C. sec. 1341(c)(2)(B). In this case, the PBGC has made no such finding. Thus, the remaining question is whether the Pension Plan was terminated as of June 30, 1988, by a standard termination. A standard termination requires the plan administrator to (1) provide a "60-day advance notice of intent to terminate to affected parties", (2) notify the PBGC as soon as practicable after notice of intent to terminate has been sent to affected parties, and (3) give notice, not later than the date on which notice is sent to the PBGC, to each participant or beneficiary under the plan specifying the amount of his or her benefit as of the proposed termination date and the data used to determine the benefit such as length of service, age of the participant or beneficiary, wages, assumptions, including the interest rate, and any other information required by the PBGC. ERISA sec. 4041(b)(2)(B), 29 U.S.C. sec. 1341(b)(2)(B). The planPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011