- 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