SECTION 13. FOREIGN SITUS

TRUSTS, FOREIGN EMPLOYERS

(4) there has been no material change in the facts (including benefits provided under the plan and employee demographics) upon which the determination was based.

.04 In the case of plans subject to Title IV of ERISA, a favorable determination letter issued in connection with a plan’s termination is conditioned on approval that the termination is a valid termination under Title IV of ERISA. Notification by PBGC that a plan may not be terminated will be treated as a material change of fact.

.05 A plan that terminates after the effective date of a change in law, but prior to the date that amendments are otherwise required, must be amended to comply with the applicable provisions of law from the date on which such provisions become effective with respect to the plan. Because such a terminated plan would no longer be in existence by the required amendment date and therefore could not be amended on that date, such plan must be amended in connection with the plan termination to comply with those provisions of law that become effective with respect to the plan on or before the date of plan termination (such amendments include any amendments made after the date of plan termination that were required in order to obtain a favorable determination letter). In addition, annuity contracts distributed from such terminated plans also must meet all the applicable provisions of any change in law. However, see Notice 88–131, 1988–2 C.B. 546, Rev. Proc. 89–65, 1989–2 C.B. 86, Notice 89–92, 1989–2 C.B. 410, Notice 90–73, 1990–2 C.B. 353, Notice 91–38, 1991–2 C.B. 636, Notice 92–36, 1992–2 C.B. 634, and Announcement 95–48, 1995–23 I.R.B. 13.

Scope .01 This section contains procedures for requesting determination letters involving foreign situs trusts and foreign employers.

Forms .02 A domestic employer adopting a foreign situs trust may request a determination letter regarding the qualification of its plan under § 401(a) by filing Form 5300, Form 5303 or Form 5307, whichever is appropriate, and Schedule Q.

Where to file .03 Such a request should be addressed to the district director for the key district office in which the employer’s principal place of business is located. If there is a plan administrator, this material should be filed where the plan administrator is located.

Foreign employers .04 In the case of a foreign employer and U.S. possessions, the request should be addressed to the:

Internal Revenue Service EP/EO Division P.O. Box 17288 Baltimore, MD 21203