SECTION 8. EMPLOYEE BENEFIT ISSUES—CONTINUED

Statute or Regulation Act Postponed 30. Secs. 6033, 6039D, 6047, 6057, Form 5500 and Form 5500–EZ, which are used to report annual information 6058, and 6059 concerning employee benefit plans and fringe benefit plans, must be filed by a specified time.

General Advice

Affected filers are advised to follow the instructions accompanying the Form 5500 series (or other guidance published on the postponement) regarding how to file the forms when postponements are granted pursuant to section 7508 or section 7508A.

Combat Zone Postponements under Section 7508

In the case of taxpayers who are individuals, the IRS may permit a postponement of the filing of the Form 5500 or Form 5500–EZ under section 7508. Whatever postponement of the Form 5500 series filing due date is permitted by the IRS under section 7508 will also be permitted by the Department of Labor and the Pension Benefit Guaranty Corporation (PBGC) for similarly situated individuals who are plan administrators.

Postponements for Presidentially Declared Disasters and Terroristic or Military Actions under Section 7508A

In the case of “affected taxpayers,” as defined in Treas. Reg. § 301. 7508A–1(d), the IRS may permit a postponement of the filing of the Form 5500 or Form 5500–EZ. Taxpayers who are unable to obtain on a timely basis information necessary for completing the forms from a bank, insurance company, or any other service provider because such service providers’ operations are located in a covered disaster area will be treated as “affected taxpayers.” Whatever postponement of the Form 5500 series filing due date is permitted by the IRS under section 7508A will also be permitted by the Department of Labor and PBGC for similarly situated plan administrators and direct filing entities. 31. Rev. Proc. 2002–47, Sections 9.02 The correction period for self-correction of operational failures is the last day (1) and (2) of the second plan year following the plan year for which the failure occurred.

31. Rev. Proc. 2002–47, Sections 9.02 The correction period for self-correction of operational failures is the last day (1) and (2) of the second plan year following the plan year for which the failure occurred.

The correction period for self-correction of operational failures for transferred assets does not end until the last day of the first plan year that begins after the corporate merger, acquisition, or other similar employer transaction. 32. Rev. Proc. 2002–47, Section 12.08 If the submission involves a plan with transferred assets and no new incidents

of the failures in the submission occurred after the end of the second plan year that begins after the corporate merger, acquisition, or other similar employer transaction, the plan sponsor may calculate the amount of plan assets and number of plan participants based on the Form 5500 information that would have been filed by the plan sponsor for the plan year that includes the employer transaction if the transferred assets were maintained as a separate plan. 33. Rev. Proc. 2002–47, Section 14.03 If an examination involves a plan with transferred assets and the IRS

determines that no new incidents of the failures that relate to the transferred assets occurred after the end of the second plan year that begins after the corporate merger, acquisition, or other similar employer transaction, the sanction under Audit CAP will not exceed the sanction that would apply if the transferred assets were maintained as a separate plan.

November 18, 2002 860 2002–46 I.R.B.