Instructions For Form 5310-A (May 1991) Notice Of Merger, Consolidation, Or Transfer Of Plan Assets Or Liabilities (Page 2 of 3) in pdf

C. Signature

of the assets of the larger plan. As a

Penalties.—If you are filing Form

result of the second merger, Form

5310-A to report a plan merger,

In general, the plan administrator must

5310-A must be filed and both mergers

consolidation, or transfer of plan assets

sign both copies of the form. For single

must be reported.

or liabilities there is a penalty for late

employer plans the plan administrator

filing. The penalty is $25 a day for each

b. The provisions of the larger plan

and the employer are generally the same

day the Form 5310-A is late (up to a

that allocate assets upon termination

person. When the plan administrator is a

maximum of $15,000). The form is late if

must provide that in the event of a

joint employer— union board or

it is not filed at least 30 days before the

spinoff or termination of the plan within

committee, at least one employer

plan merger, consolidation, or transfer of

5 years following the merger, plan assets

representative and one union

plan assets or liabilities.

will be allocated first for the benefits of

representative must sign. A Form

the participants in the other plan(s) to

5310-A filed with IRS by a representative

B. Where To File

the extent of the present value of their

on behalf of an employer or plan

benefits as of the date of the merger.

administrator must be accompanied by:

File this form as follows:

4. There is a spinoff of a defined

(i) Single Employer Plans.—Send the

(1) a power of attorney specifically

benefit plan into another defined

forms to the District Director, EP/EO

authorizing such representation in this

benefit plan and both of the following

matter (you may use Form 2848, Power

Division, for the key district in which the

conditions are met:

employer’s principal place of business is

of Attorney and Declaration of

a. With respect to each resulting

Representative), or

located.

spunoff plan, other than the spunoff plan

(ii) Plan Maintained by More Than One

(2) a written declaration that the

with the greatest value of plan assets

representative is a currently qualified

Employer.—Send the forms to the

after the spinoff, the value of the assets

District Director, EP/EO Division, for the

attorney, certified public accountant,

spun off is not less than the present

key district in which the principal place

enrolled actuary, or is currently enrolled

value of the benefits spun off (whether

of business of the plan sponsor or

to practice before the IRS (include either

or not vested).

the enrollment number or the expiration

administrator is located. This means the

b. The value of the assets spun off to

principal place of business of the

date of the enrollment card); and is

all the resulting spunoff plans (other than

authorized to represent the employer or

association, committee, joint board of

the spunoff plan with the greatest value

plan administrator.

trustees, or other similar group of

of plan assets after the spinoff) plus

representatives of those who established

other assets previously spun off during

or maintain the plan.

Specific Instructions

the plan year in which the spinoff occurs

If entity is in this

Send the notice to this

is less than 3 percent of the assets of

IRS District

address

The following instructions are keyed to

the plan before the spinoff as of at least

the line items on the form.

one day in that plan’s plan year. Spinoffs

Albany, Augusta, Boston,

Internal Revenue Service

1a. Enter the name and address of the

occurring in previous or subsequent plan

Brooklyn, Buffalo,

EP/EO Division

plan sponsor. If the Post Office does not

Burlington, Hartford,

P.O. Box 1680, GPO

years are taken into account in

deliver mail to the street address and

Manhattan, Portsmouth,

Brooklyn, NY 11202

determining that the percentage of

the sponsor has a P. O. box number,

Providence

assets spun off if such spinoffs are, in

show the P. O. box number instead of

Baltimore, District of

Internal Revenue Service

substance, one transaction along with

the street address. If the plan covers

Columbia, Newark,

EP/EO Division

the spinoff occurring during the current

Philadelphia, Pittsburgh,

P.O. Box 17288

only the employees of one employer,

plan year. Aggregating spinoffs may

Richmond, Wilmington,

Baltimore, MD 21203

enter the employer’s name.

cause a spinoff for which a Form 5310-A

any U.S. possession or

“Plan Sponsor” means:

foreign country

was not initially required to be filed to

(1) in the case of a plan that covers

become reportable as a result of a

Cincinnati, Cleveland,

Internal Revenue Service

the employees of one employer, the

Detroit, Indianapolis,

EP/EO Division,

subsequent spinoff. In this case, the

Louisville, Parkersburg

P. O. Box 3159,

employer;

spinoff(s) must be reported on the Form

Cincinnati, OH 45201

5310-A filed with respect to the

(2) in the case of a plan sponsored by

Albuquerque, Austin,

Internal Revenue Service

subsequent spinoff. For example,

two or more entities required to be

Cheyenne, Dallas,

EP/EO Division

assume that a spinoff involving less than

aggregated under section 414(b), (c), or

Denver, Houston,

Mail Code 4950 DAL

3% of the assets of the plan occurs in

(m), one of the members participating in

Oklahoma City, Phoenix,

1100 Commerce Street

the first month of the plan year. In the

Salt Lake City, Wichita

Dallas, TX 75242

the plan; or

fourth month of the plan year a second

Atlanta, Birmingham,

Internal Revenue Service

(3) in the case of a plan that covers

spinoff occurs involving liabilities equal

Columbia, Ft.

EP/EO Division

the employees and/or partner(s) of a

to 2% of the assets of the plan. The

Lauderdale, Greensboro,

P.O. Box 941

partnership, the partnership.

Jackson, Jacksonville,

Atlanta, GA 30370

total of both spinoffs exceeds 3% of the

The plan sponsor should be the same

Little Rock, Nashville,

assets of the plan. As a result of the

New Orleans

name used (or that will be used) when

second spinoff, Form 5310-A must be

the Form 5500 series return/reports are

Anchorage, Boise,

Internal Revenue Service

filed and both spinoffs must be reported.

Honolulu, Laguna Niguel,

EP Application Receiving

filed for the plan.

A transfer of assets or liabilities is

Las Vegas, Los Angeles,

Room 5127

1b. Enter the 9-digit employer

Portland, Sacramento,

P.O. Box 536

considered to be a combination of

identification number (EIN) assigned to

San Francisco, San Jose,

Los Angeles, CA

separate mergers and spinoffs, and,

Seattle

90053-0536

the plan sponsor. This should be the

unless the parts of the transaction that

same EIN that was used (or will be used)

Aberdeen, Chicago, Des

Internal Revenue Service

are deemed to be a spinoff or merger

Moines, Fargo, Helena,

EP/EO Division 230 S.

when the Form 5500 series

conform to one of the situations

Milwaukee, Omaha, St.

Dearborn DPN 20-6

returns/reports are filed for the plan.

described above, the employer or plan

Louis, St. Paul,

Chicago, IL 60604

(Please do not use a social security

administrator must file the Form 5310-A.

Springfield

number.) An EIN may be secured by

Note: When assets or liabilities are

using Form SS-4, Application for

transferred from one plan to another, a

Employer Identification Number, which

For m 5310-A should be filed for each

may be obtained by calling

plan.

1-800-829-3676.

No IRS letter will be issued when a

The plan of a group of entities

Form 5310-A is filed.

required to be aggregated under section

Page 2

Instructions For Form 5310-A (May 1991) Notice Of Merger, Consolidation, Or Transfer Of Plan Assets Or Liabilities Page 2

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