Rev. Proc. 83-14

Section 1. Purpose and Scope

.01 The purpose of this revenue procedure is to prescribe a streamlined procedure for certain pension plans to comply with the requirements of the Employee Retirement Income Security Act of 1974 (ERISA), Pub. L. 93-406, 1974-3 C.B. 1, on plan terminations. In applicable cases, this revenue procedure implements a "one-stop service" concept for compliance with ERISA requirements relating to plan terminations whether the requirements are administered by the Internal Revenue Service ("Service") or by the Pension Benefit Guaranty Corporation ("PBGC").

.02 In view of the overlapping nature of the filing requirements of ERISA, the Service and the PBGC have developed a single form, Internal Revenue Service/Pension Benefit Guaranty Corporation Form 5310, Application for Determination upon Termination; Notice of Merger, Consolidation, or Transfer of Plan Assets or Liabilities; Notice of Intent to Terminate. This form is to be used to file with both the Service and PBGC for the plans described in section 2 below. Prior to this procedure, the applicant for a terminating defined benefit plan covered under the PBGC termination insurance program who sought a determination letter from the Service as to the effect of the termination upon the plan's qualification had to file separately with PBGC and the Service. Under this procedure, applicants for plans described in section 2 below file this form, in duplicate, with only one agency, PBGC, to obtain "one-stop service." Use of this procedure is voluntary, however, and applicants may continue to file separately with both the Service and the PBGC.

Sec. 2. Applicability

.01 This procedure may be utilized for any terminating non-multiemployer plan covered under the plan termination insurance program of Title IV of ERISA. A merger of a defined benefit plan with a defined contribution plan resulting solely in a defined contribution plan is considered a termination of a defined benefit plan for this purpose.

.02 This procedure is not applicable to a partial termination of a plan.

.03 Section 7476(b)(3) of the Code provides that a declaratory judgment relating to the qualification of a retirement plan may be issued by the Tax Court only after the expiration of 270 days after a request for a determination. When applications are filed with the PBGC under this procedure, including those circumstances under which PBGC may transfer a request for a determination letter to the Service before the application is perfected, the 270-day period commences only when all information required by the Service has been filed. However, any such delay in the commencement of this 270-day period does not affect the date the application for determination is made for purposes of satisfying the requirements for notice to interested parties in accordance with section 7476(b)(2) of the Code.

Sec. 3. Instructions to Applicants

.01 An applicant for a terminating non-multiemployer plan covered by the PBGC termination insurance program (or for which PBGC coverage is not determined) who is requesting a determination letter upon termination from the Service, shall file Form 5310 either in duplicate with PBGC or separately with both PBGC and the Service. (See the instructions to Form 5310 for specific filing requirements.)

.02 The Service will issue determination letters in response to applications described in section 3.01 above only if the requirements of Rev. Proc. 80-30, 1980-1 C.B. 685, are otherwise satisfied by applicants seeking such letters.

Sec. 4. Effect on Other Revenue Procedures

Rev. Proc. 80-30 is modified to permit this "one-stop service" procedure.

Sec. 5. Effective Date

This procedure is effective on the effective date of the PBGC regulation which specifies the use of Form 5310 for a Notice of Intent to Terminate.