COVER PAGE
PAPERWORK BURDEN DISCLOSURE NOTICE
OMB Control Number 1210-0127; expires xx/xx/2027
Behind this cover page is a model notice that may be used to satisfy the mandatory notification requirements set forth in 29 CFR § 2578.1. The model notice is a collection of information instrument subject to the Paperwork Reduction Act. Use of the model notice to meet the notification requirements is optional. You may also develop your own notice, provided it contains all the information required by 29 CFR § 2578.1. The Department of Labor estimates that it will take an average of approximately seventy minutes for plan administrators to complete the model. You may send comments on this collection of information, including suggestions for reducing burden to: US Department of Labor, Office of Research and Analysis, Attention: PRA Officer, 200 Constitution Avenue, NW, Room N-5718, Washington, DC 20210; or send to ebsa.opr@dol.gov. The notification requirements in 29 CFR § 2578.1, referenced above, are also a collection of information under the PRA. The public is not required to respond to a collection of information unless it displays a currently valid OMB control number.
DO NOT INCLUDE THIS PAPERWORK REDUCTION ACT BANNER IN NOTICES
Appendix C to Part 2578— Model Notice of Intent to Serve as Qualified Termination Administrator (For Plans Deemed Abandoned Pursuant to 29 CFR 2578.1(j)(2))
NOTIFICATION OF INTENT TO SERVE AS QUALIFIED TERMINATION ADMINISTRATOR
[Date of notice]
Abandoned Plan Coordinator
Office of Enforcement
Employee Benefits Security Administration
U.S. Department of Labor
200 Constitution Ave., NW, Suite 600
Washington, DC, 20210
Re: |
Plan Identification |
Qualified Termination Administrator |
|
[Plan name and plan number] |
[Name] |
|
[EIN] |
[Address] |
|
[Plan account number] |
[E-mail address] |
|
[Address] |
[Telephone number] |
|
[Telephone number] |
[EIN] |
{If applicable, include and complete the following pursuant to 29 CFR 2578.1(j)(6)(i) unless the same as Qualified Termination Administrator information above}:
Bankruptcy Trustee
[Name]
[Address]
[E-mail address]
[Telephone number]
{Include below the plan sponsor’s chapter 7 case number and bankruptcy court jurisdiction from the notice/order entered in the case reflecting the trustee’s appointment. This information serves to link the plan with any fiduciary breach information reported by the bankruptcy trustee after the plan has been terminated and wound up.}
Case Number:_____________
Bankruptcy Court Jurisdiction:_______________________
Abandoned Plan Coordinator:
Pursuant to 29 CFR 2578.1(j)(2), the subject plan is considered abandoned because the sponsor of the plan is in liquidation pursuant to a chapter 7 bankruptcy proceeding.
{Insert as applicable: [I have been appointed to administer the plan sponsor’s case under chapter 7 of the U.S. Bankruptcy Code, and attached is a copy of the notice or order entered in the case reflecting my appointment. As the bankruptcy trustee administering this case, I am eligible to serve as Qualified Termination Administrator for purposes of terminating and winding up the plan in accordance with 29 CFR 2578.1, and hereby elect to do so.]
or
[A bankruptcy trustee has been appointed to administer the plan sponsor’s case under chapter 7 of the U.S. Bankruptcy Code, and attached is a copy of the notice or order entered in the case reflecting the trustee’s appointment. {[I]or[We]} have been designated by the bankruptcy trustee and {[am]or[are]} eligible to serve as Qualified Termination Administrator for purposes of terminating and winding up the plan in accordance with 29 CFR 2578.1, and hereby elect to do so.]}
Part I – Plan Information
Estimated
number
of individuals
(participants and
beneficiaries) with
accounts under
the plan
as of [Insert date]:
[number]
Name, EIN, address and email
address of the entity holding plan assets (if the entity is not the
QTA):
__________________________________________________________________________________________________________________________________________________________________________________________________________________
Estimated
value of
plan assets as of the date of the entry of an order for
relief under chapter 7 of the U.S. Bankruptcy Code:
[value]
Months
entity has
held plan
assets, if
less than
12: [number]
Hard
to value
assets {select
“yes”
or “no”
to
identify
any
assets
with no
readily
ascertainable
fair
market
value,
and
include
for
those
identified
assets
the best
known
estimate
of their
value}:
(a) (b)
Partnership/joint
venture
interests
Employer
real property
Yes
No
[value]
[value]
(c)
Real estate
(other than
(b))
[value]
(d)
Employer
securities
[value]
(e)
Participant
loans
[value]
(f)
Loans (other
than (e))
[value]
(g)
Tangible personal
property
[value]
Name
and last
known address
and telephone
number of
plan sponsor:
___________________________________________________________________________________________________________________________________________________
Dollar amount of delinquent employer and employee
contributions:_________________
_______________________________________________________________________
{Separately state employee and employer delinquent
contributions.}
{Following section is not required if the Qualified Termination Administrator is described in 29 CFR 2578.1(j)(4)(i).}
5. Activities evidencing breaches of fiduciary duty described in 29 CFR.2578.1(j)(7)(ii) are described, below:
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Part II – Known Service Providers of the Plan
Part III – Services and Related Expenses to be Paid
Part IV – Contact Person {enter information only if different from signatory}:
[Name]
[Address]
[E-mail
address]
[Telephone
number]
Under penalties of perjury, I declare that I have examined this notice and to the best of my knowledge and belief, it is true, correct and complete.
[Signature]
[Title of person signing on behalf the Qualified Termination Administrator] [Address, e-mail address, and telephone number]
File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
Author | Marx, William E - EBSA |
File Modified | 0000-00-00 |
File Created | 2024-07-23 |