['Employee Benefits']
['Multiple Employer Welfare Arrangements (MEWA)']
09/05/2024
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(a) General. The terminal report required to be filed by the qualified termination administrator pursuant to §2578.1(d)(2)(viii) of this chapter shall be in the form published by the Department in the Abandoned Plans section of the Employee Benefits Security Administration's website and shall contain the information set forth in paragraph (b) of this section. Such report shall be filed in accordance with the method of filing set forth in paragraph (c) of this section and at the time set forth in paragraph (d) of this section.
(b) Contents. The terminal report described in paragraph (a) of this section shall contain the following information in accordance with the instructions to the terminal report published by the Department in the Abandoned Plans section of the Employee Benefits Security Administration's website:
(1) Identification information concerning the plan, the qualified termination administrator, and, if applicable, the bankruptcy trustee.
(2) The total assets of the plan as of the date the plan was deemed terminated under §2578.1(c) of this chapter, prior to any reduction for termination expenses and distributions to participants and beneficiaries.
(3) The total termination expenses paid by the plan and an identification of each service provider and amount received, itemized by expense.
(4) The total distributions made pursuant to §2578.1(d)(2)(vii) of this chapter and a statement regarding whether any such distributions were transfers under §2578.1(d)(2)(vii)(B) of this chapter.
(5) The identification, fair market value and method of valuation of any assets with respect to which there is no readily ascertainable fair market value.
(6) The total number of distributions.
(7) The number of distributions to missing participants included in the total number of distributions reported in paragraph (b)(6) of this section.
(8) A statement that the information being provided in the report is true and complete based on the knowledge of the person electing to be the qualified termination administrator, and that the information is being provided by the qualified termination administrator under penalty of perjury.
(c) Method of filing. The terminal report described in paragraph (a) of this section shall be filed in accordance with instructions pertaining to terminal reports of qualified termination administrators published by the Department in the Abandoned Plans section of the Employee Benefits Security Administration's website.
(d) When to file. The qualified termination administrator shall file the terminal report described in paragraph (a) of this section within two months after the end of the month in which the qualified termination administrator satisfies the requirements in §2578.1(d)(2)(i) through §2578.1(d)(2)(vii), and §2578.1(j)(7) as applicable, of this chapter.
(e) Limitation. (1) Except as provided in this section, no report shall be required to be filed by the qualified termination administrator under part 1 of title I of ERISA for a plan being terminated pursuant to §2578.1 of this chapter or by a bankruptcy trustee described in §2578.1(j)(3) of this chapter or an eligible designee described in §2578.1(j)(4) of this chapter.
(2) Filing of a report under this section by the qualified termination administrator shall not relieve any person from any obligation under part 1 of title I of ERISA.
[71 FR 20853 April 21, 2006; 89 FR 43657, May 17, 2024]
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