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Compliance Assistance
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A foreign plan is a pension plan that is maintained outside the United States primarily for nonresident aliens. The employer who maintains the plan is either a domestic employer, or a foreign employer with income derived from sources within the United States (including foreign subsidiaries of domestic employers) if contributions to the plan are deducted on its U.S. income tax return.
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A one-participant plan is a retirement plan that is a defined benefit pension plan or a defined contribution profit-sharing or money purchase pension plan, other than an Employee Stock Ownership Plan (ESOP), which covers only you (or you and your spouse) and you (or you and your spouse) own the entire business (which may be incorporated or unincorporated); or covers only one or more partners (or partners and their spouses) in a business partnership (treating 2% shareholder of an S corporation as a partner); and does not provide benefits for anyone except you (or you and your spouse) or one or more partners (or partners and their spouses). Note that you do not have to file Form 5500-EZ for the reporting year for a one-participant plan if the total of the plan's assets and the assets of all other one-participant plans maintained by the employer at the end of the reporting year does not exceed $250,000, unless the reporting plan year is the final plan year of the plan.
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The plan (a) covered fewer than 100 participants at the beginning of the plan year being filed, or (b) under 29 CFR 2520.103-1(d) was eligible to and filed as a small plan for the previous plan year filed and did not cover more than 120 participants at the beginning of the plan year being filed (see the Form 5500-SF instructions for line 5 on counting the number of participants).
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The plan is eligible for the waiver of the annual examination and report of an independent qualified public accountant (IQPA) under 29 CFR 2520.104-46 (but not by reason of enhanced bonding), which requirement includes, among others, giving certain disclosures and supporting documents to participants and beneficiaries regarding the plan’s investments (see the Form 5500-SF instructions for line 6b).
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At all times during the plan year, the plan was 100% invested in certain secure, easy to value assets that meet the definition of “eligible plan assets” (see the Form 5500-SF instructions for line 6a), such as mutual fund shares, investment contracts with insurance companies and banks valued at least annually, publicly traded securities held by a registered broker dealer, cash and cash equivalents held by a bank, and plan loans to participants that comply with ERISA § 408(b)(1).
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The plan did not hold any employer securities at any time during the plan year.
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A plan is a multiemployer plan if: (a) more than one employer is required to contribute; (b) the plan is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and more than one employer; (c) an election under Code section 414(f)(5) and ERISA section 3(37)(E) has not been made; and
(d) the plan meets any other applicable conditions of 29 CFR 2510.3-37. A plan that made a proper election under
ERISA section 3(37)(G) and Code section 414(f)(6) on or before Aug. 17, 2007, is also a multiemployer plan.
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In general, MEWAs are arrangements that offer health and other benefits to the employees of two or more different employers. Filers should not complete a Form M-1 if the plan does not include Medical Benefits.
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