Frank Gant and Roberta Gant - Page 16

                                       - 16 -                                         

               ERISA's title IV termination provisions do not cover                   
          individual account plans.  ERISA sec. 4041(b)(1), 29 U.S.C. sec.            
          1321(b)(1).  Here, the Money Purchase Plan maintains a separate             
          account for each participant and provides that an employee's                
          benefit will be based on the value of his or her account.                   
          Therefore, the Money Purchase Plan is an individual account and             
          not covered by title IV of ERISA.                                           
               For purposes of the Internal Revenue Code, a plan not                  
          subject to title IV is "terminated on a particular date if, as of           
          that date, the plan is voluntarily terminated by the employer               
          * * * maintaining the plan."  Sec. 1.411(d)-2(c)(3), Income Tax             
          Regs.  Voluntary termination of a defined contribution plan "is             
          generally a question to be determined with regard to all the                
          facts and circumstances in a particular case."  Sec. 1.401-                 
          6(b)(1), Income Tax Regs.                                                   
               The key determining factor is whether Products intended to             
          terminate the plan as of June 30, 1988.  See J.P. Jeter Co., Inc            
          v. Commissioner, T.C. Memo. 1993-231 (holding that a money                  
          purchase pension plan was not terminated where the facts did not            
          indicate an intent on the part of taxpayer to terminate the                 
          plan).  Disclosures on Federal tax forms, notice of termination             
          to plan participants, and action by the plan administrator's                
          board of directors are relevant to this determination.  See id.             







Page:  Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next

Last modified: May 25, 2011