Instruction For Form 5310-A - Notice Of Plan Merger Or Consolidation, Spinoff, Or Transfer Of Plan Assets Or Liabilities; Notice Of Qualified Separate Lines Of Business Page 4

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Enter 7 for other and specify the type
By mail or fax — Send in a completed
first testing year for which such notice
Form SS-4, Application for Employer
of plan.
applied on line 7b. Enter the date the
Identification Number, to apply for an
notice was filed on line 7c.
Line 6a. Enter the total number of
EIN.
plans, other than the plan named on
Line 8. Enter the first testing year for
Note. Form SS-4 can be obtained at
line 4a, involved in this transaction.
which this notice applies. See When To
Social Security Administration (SSA)
Lines 6c through 6h. Complete lines
File for the definition of “testing year.”
offices or by calling 1-800-TAX-FORM.
6c through 6h for the other plan(s)
Line 9. Indicate whether you are filing
involved in the merger or consolidation,
For the plan of a group of entities
this form to give notice that you are no
spinoff, or transfer of plan assets or
required to be combined under sections
longer testing on a QSLOB basis. If
liabilities with the plan named on line
414(b), (c), or (m), whose sponsor is
your answer to line 9 is “Yes,” complete
4a. If there is more than one other plan,
more than one of the entities required
line 10 and skip lines 11 and 12.
attach a separate statement showing
to be combined, enter the EIN of only
Answer line 10 based on the previously
the information requested for lines 6c
one of the sponsoring members. This
filed notice that you are now revoking. If
through 6h.
EIN must be used in all subsequent
your answer to line 9 is “No,” complete
filings of determination letter requests,
Example: Plans A, B, and C are
lines 10 through 12. See Who Must File
and for filing annual returns/reports
merging with Plan D. Plan D would
for an example of a revocation.
unless there is a change of sponsor.
complete a Form 5310-A, reporting
Line 10. Section 414(r) provides rules
Line 3. The contact person will receive
information about itself on line 4. Plan
for determining whether an employer
copies of all correspondence as
D would then complete the line 6
operates QSLOBs for purposes of
authorized in a Form 2848, or Tax
information for Plan A and attach two
applying sections 410(b) (relating to
statements showing the line 6
Information Authorization, Form 8821.
minimum coverage), 401(a)(26)
information for Plans B and C. In
Either complete the contact’s
(relating to minimum participation
information on this line, or check the
addition, Plans A, B, and C must each
rules), and 129(d)(8) (relating to
box and attach a completed Form 2848
file a separate Form 5310-A (see the
dependent care assistance programs).
example of a plan merger).
or Form 8821.
If you are treated as operating QSLOBs
Line 6h. Enter the code that describes
Part II—Plan Merger,
under section 414(r), you will be
the other plan.
permitted to apply the aforementioned
Consolidation, Spinoff,
Enter 1 for a defined benefit plan.
Code provisions separately for the
employees in each QSLOB. Check the
Enter 2 for a profit-sharing plan.
or Transfer
appropriate box(es) for the section(s)
Enter 3 for a profit-sharing/401(k)
you are testing on a QSLOB basis. See
Line 4a. Enter the name you
plan.
instructions for line 9 to determine how
designated for your plan. Due to space
Enter 4 for a stock bonus plan.
to answer this question if you answered
restrictions, this field is limited to 70
‘‘Yes’’ to line 9.
characters, including spaces. Due to
Enter 5 for an ESOP plan.
this restriction, “Employee” and “Trust”
Enter 6 for a money purchase plan.
Line 11. Attach a list identifying the
are not necessary in the plan name.
part or parts of the employer that make
Enter 7 for a target benefit plan.
Line 4b. Enter the 3-digit number,
up each QSLOB of the employer. The
beginning with “001” and continuing in
Part III—Qualified
list should include, for example, the
numerical order for each plan you
type of business or industry in which
Separate Lines of
adopt (001 – 499). The number
the QSLOB is involved, the business
assigned to a plan must not be
unit (such as corporation, partnership,
Business
changed or used for any other plan.
or division) the qualified line of business
This should be the same number that
Rev. Proc. 93-40, 1993-2 C.B. 535,
comprises, and the name (formal or
was or will be used when the Form
contains procedures relating to the
informal) of the QSLOB.
5500 series returns/reports are filed for
notification requirements of section
Line 12. Enter the information
the plan.
414(r)(2)(B).
requested on lines 12a through 12e. If
Lines 5a. Attach an actuarial
Notice given by an employer applies
there is more than one plan, attach a
statement of valuation showing
to all plans maintained by the employer
separate statement showing the
compliance with section 414(l). The
for plan years beginning in the testing
information requested on lines 12a
statement must (1) identify the type of
year. Once the notification date (see
through 12e for each plan.
transaction involved (for example,
When To File) for a testing year has
merger or consolidation, spinoff, or
Line 12b. Enter the date of the
passed, the employer is deemed to
transfer of plan assets or liabilities), and
determination letter, if any. Otherwise,
have irrevocably elected to apply the
(2) provide information verifying
leave blank.
specified section(s) on the basis of
compliance with the requirements of
QSLOBs for all plan years beginning in
Line 12c. If the plan is a master or
sections 401(a)(12) and 414(l). This
the testing year.
prototype or volume submitter plan,
statement need not be signed by an
In addition, after the notification
enter the date of the letter and the
actuary.
date, notice cannot be modified,
serial number or the advisory letter
Line 5b. Enter the code that describes
withdrawn, or revoked, and will be
number, as applicable.
your plan.
treated as applying to subsequent
Line 12d. Enter the appropriate date
Enter 1 for a profit-sharing plan.
testing years unless the employer takes
of any pending letter request. If this
timely action to provide new notice (see
Enter 2 for a stock bonus plan.
question is not applicable, leave blank.
examples under Who Must File). Timely
Enter 3 for a money purchase plan.
action will be deemed to have been
Line 12e. List on this line the QSLOBs
Enter 4 for a target benefit plan.
taken any time prior to the notification
identified on line 11 that have
Enter 5 for a profit-sharing/401(k)
date for any subsequent testing year.
employees benefiting under the plan. If
plan.
Line 7a. If you previously filed a notice
you need additional space to list the
Enter 6 for an ESOP plan.
of QSLOB for a testing year, enter the
QSLOBs, use the area below line 12e.
-4-

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