Form 5310-A: When and How to File for Plan Changes

Form 5310-A is a notification filed with the Internal Revenue Service (IRS) to report significant structural changes to a company’s retirement plan. The plan administrator or sponsor is responsible for filing the form. This notification requirement stems from the Employee Retirement Income Security Act of 1974 (ERISA), which established rules to protect the retirement funds of plan participants during corporate restructuring. This form is a notice to the IRS, not an application for approval of the transaction.

Events That Require Filing Form 5310-A

The requirement to file Form 5310-A is triggered by specific events that alter the structure of a retirement plan. The IRS requires notification for these transactions to ensure compliance with regulations designed to protect the accrued benefits of plan participants.

• A plan merger or consolidation occurs when two or more separate retirement plans are combined into a single, ongoing plan. The IRS’s primary concern is the protection of each participant’s benefits, as mandated by Internal Revenue Code (IRC) Section 414. This rule requires that each participant’s benefit immediately after the merger must be equal to or greater than the benefit they would have received if their original plan had terminated immediately before the merger. A Form 5310-A must be filed for each plan involved in the merger.
• A plan spinoff is the opposite of a merger, involving a single plan being split into two or more separate plans. This often happens when a company divests a business unit and the employees’ retirement assets are moved into a new plan. In a spinoff, Form 5310-A is filed only for the original plan that existed before it was split. The assets transferred to the new plan must be sufficient to cover the benefit liabilities for the participants moving to that new plan.
• A transfer of plan assets or liabilities involves moving a portion of one plan’s assets and liabilities to another plan. This can occur between plans of unrelated employers, such as when an employee group changes employers and their retirement account balances are moved. This reporting requirement applies to both the plan transferring the assets and the plan receiving them. Each plan administrator or sponsor must file a separate Form 5310-A.
• An employer can elect to be treated as operating Qualified Separate Lines of Business (QSLOBs) if it meets specific criteria. This allows the employer to apply coverage and nondiscrimination tests separately to the employee population within each line of business. When an employer makes, modifies, or revokes a QSLOB election, it must file Form 5310-A to notify the IRS. Only one notice is required per employer.

Required Information and Actuarial Certification

Preparing to file Form 5310-A involves gathering specific details about the plans, sponsors, and the transaction itself. A complete and accurate submission depends on collecting this information beforehand.

Plan and Sponsor Information

The form requires comprehensive identifying information for all parties involved. Filers must provide the legal names, mailing addresses, and Employer Identification Numbers (EINs) for every plan sponsor and administrator connected to the transaction. This includes the sponsors before the event and, if different, the sponsors after the event. Filers must also provide the official name of each plan and its corresponding three-digit plan number.

Transaction Details

A central piece of information required on the form is the effective date of the merger, spinoff, or transfer. This date is the specific point in time when the transaction legally takes place. The form also asks for the total number of participants in each plan involved. This includes active employees, retired or separated participants entitled to future benefits, and any deceased participants whose beneficiaries are receiving benefits.

Schedule A – Actuarial Certification

For defined benefit pension plans, the filing must include an actuarial certification on Schedule A of Form 5310-A. This schedule must be completed and signed by an enrolled actuary, who is an individual licensed to perform actuarial tasks required under ERISA. The actuary must certify that the transaction complies with the requirements of IRC Section 414. This certification provides the IRS with expert assurance that the value of participants’ accrued benefits has been preserved through the transaction.

Form and Schedule Sourcing

To begin the process, filers must obtain the most current version of Form 5310-A and its instructions from the IRS website. Using the latest version is important, as forms and filing addresses can be updated. The instructions provide line-by-line guidance and contain the official mailing address for submission.

The Filing Process

With all necessary information gathered, the final step is to complete and submit the form. The filing process is procedural and requires careful attention to deadlines.

Completing the Form

The filer will input the plan sponsor’s name and EIN, the plan administrator’s information, and details about the transaction. Part II of the form requires the filer to check a box indicating the reason for the filing, such as a merger or QSLOB notice. The form requires filers to list each plan involved, providing its name, EIN, and plan number, along with the total number of participants and the total value of assets and liabilities for each plan.

Assembling the Submission Package

A complete submission package consists of the signed and dated Form 5310-A and any required attachments. For defined benefit plans undergoing a merger, spinoff, or transfer, the main attachment is the completed Schedule A, signed by the enrolled actuary. The signature of the plan sponsor or administrator on the main form declares that all information is true, correct, and complete under penalty of perjury. It is a recommended practice to keep a complete copy of the submission package for the plan’s records.

Filing Deadline and Method

The filing deadline for Form 5310-A is at least 30 days before the effective date of the plan merger, consolidation, spinoff, or transfer. For QSLOB notices, the deadline is a specific “notification date,” which is the later of October 15 of the year following the testing year or the 15th day of the 10th month after the close of the plan year. Missing these deadlines can result in penalties.

The completed package must be mailed to the IRS address specified in the form’s instructions. For standard mail, the address is Internal Revenue Service, TE/GE Stop 31A Team 105, P.O. Box 12192, Covington, KY 41012-0192. For private delivery services, the address is Internal Revenue Service, 7940 Kentucky Drive, TE/GE Stop 31A Team 105, Florence, KY 41042.

Post-Submission Expectations

After filing Form 5310-A, the plan sponsor will not receive an approval or determination letter from the IRS. The form’s purpose is to inform the IRS that a transaction has occurred, and the agency presumes the information is accurate as filed. The IRS does not proactively approve the transaction based on this form alone. The agency may contact the plan sponsor if the submission is incomplete or if the information provided raises compliance questions. The filing’s function is to place the transaction on record with the agency, fulfilling a statutory requirement under IRC Section 6058.