Frank Gant and Roberta Gant - Page 15

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          "administrator" is the plan sponsor if no person is designated as           
          plan administrator in the plan instrument.  ERISA sec. 3(16)(A),            
          29 U.S.C. sec. 1002(16)(A).  The "plan sponsor" is the employer             
          in the case of a single-employer defined benefit plan.  ERISA               
          sec. 3(16)(B), 29 U.S.C. sec. 1002(16)(B).  Since Products is the           
          employer, Products is the plan administrator.                               
               In this case, Products did not comply with the statutory               
          requirements cited above.  It did not issue written notice to               
          participants in fiscal year 1988, within 60 days, of the intent             
          to terminate the Pension Plan.  It did not notify the PBGC of its           
          intent to terminate.  And it did not give the required notice to            
          each participant or beneficiary under the plan specifying the               
          amount of his or her benefit as of the proposed termination date.           
               Accordingly, we hold that the Pension Plan was not                     
          terminated as of June 30, 1988.  We further hold that since the             
          Pension Plan was not terminated in accordance with ERISA sec.               
          4041, 29 U.S.C. sec. 1341, the Pension Plan was an ongoing plan             
          for purposes of the Internal Revenue Code.                                  
               B.  Money Purchase Plan Termination and Profit Sharing Plan            
               Disqualification                                                       
               Petitioners assert that the Money Purchase Plan was                    
          terminated as of the plan year ending June 30, 1988, because                
          Products adopted a resolution to terminate the Money Purchase               
          Plan in the 1988 fiscal year, and Products distributed annuities            
          to plan participants evidencing its intent to terminate the plan.           




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