- 15 - "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.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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