Form 5310-- Application for Determination for Terminating Plan;

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Instructions for Form 5310

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Instructions for Form 5310

Department of the Treasury
Internal Revenue Service

(Rev. April 2006)
Application for Determination for Terminating Plan
Section references are to the Internal Revenue Code unless otherwise noted.

What’s New
All applications must be accompanied
by new Form 8905, Certification of
Intent To Adopt a Pre-approved Plan, if
an employer intends to switch from the
five-year remedial amendment cycle to
the six-year remedial amendment cycle
by meeting one of the eligibility
requirements for the six-year remedial
amendment cycle. For more
information, see Rev. Proc. 2005-66,
2005-37 I.R.B. 509.

Public Inspection
Form 5310 is open to public inspection
if there are more than 25 plan
participants. The total number of
participants must be shown on line 4e.
See the instructions for line 4e for a
definition of participant.

Disclosure Request by
Taxpayers
A taxpayer can authorize the IRS to
disclose and discuss the taxpayer’s
return and/or return information with
any person(s) the taxpayer designates
in a written request. Use Form 2848,
Power of Attorney and Declaration of
Representative, if the representative is
qualified to sign, or Form 8821, Tax
Information Authorization, for this
purpose. See Pub. 947, Practice Before
the IRS and Power of Attorney, for
more information.

How To Get Forms
and Publications
Internet. You can access the IRS
website 24 hours a day, 7 days a week
at www.irs.gov to:
• Order IRS products on-line.
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publications.
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questions.
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or keyword.
• Send us comments or request help
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• Sign up to receive local and national
tax news by email.
You can also reach us using file
transfer protocol at ftp.irs.gov.
CD-ROM. You can order Pub. 1796,
IRS Tax Products CD, and get:

• A CD that is released twice so you

have the latest products. The first
release ships in late December and the
final release ships in late February;
• Current year forms, instructions, and
publications;
• Prior year forms, instructions, and
publications;
• Tax Map: An electronic research tool
and finding aid;
• Tax Law frequently asked questions
(FAQs);
• Tax Topics from the IRS telephone
response system;
• Fill-in, print, and save features for
most tax forms;
• Internal Revenue Bulletins; and
• Toll-free and email technical support.
Buy the CD-ROM from the National
Technical Information Service (NTIS)
on the Internet at www.irs.gov/cdorders
for $25 (no handling fee), or call
1-877-CDFORMS (1-877-233-6767)
toll-free to buy the CD-ROM for $25
(plus a $5 handling fee).
By phone and in person. You can
order forms and publications 24 hours a
day, 7 days a week, by calling
1-800-TAX-FORM (1-800-829-3676).
You can also get most forms and
publications at your local IRS office.
For questions regarding this form,
call the Employee Plans Customer
Service, toll-free, at 1-877-829-5500.

General Instructions
Purpose of Form
Use Form 5310 to request an IRS
determination as to the qualified status
(under section 401(a) or section 403(a))
of a pension, profit-sharing, or other
deferred compensation plan upon plan
termination.
This form can no longer be used to
determine whether an employer is a
member of an Affiliated Service Group
status (ASG).

Type of Letter

• Determination Letter – issued to a
specific employer.
• Sponsor Letter:
1. Advisory – issued to a sponsor of
a volume submitter plan.
2. Opinion – issued to a sponsor of
a prototype plan.
Cat. No. 49984R

Type of Plan

• A Defined Contribution Plan (DCP) is

a plan that provides an individual
account for each participant and for
benefits based only on:
1. The amount contributed to the
participant’s account and
2. Any income, expenses, gains and
losses, and any forfeitures of accounts
of other participants that may be
allocated to the participant’s account.
• A Defined Benefit Plan (DBP) is any
plan that is not a DCP.
Note. A qualified plan must satisfy
section 401(a) including, but not limited
to, participation, vesting,
nondiscriminatory contributions or
benefits, distributions, and contribution
and benefit limitations.

Who May File
Any plan sponsor or administrator of
any pension, profit-sharing, or other
deferred compensation plan (other than
a multi-employer plan covered under
PBGC insurance) may file this form to
ask the IRS to make a determination on
the plan’s qualification status at the
time of the plan’s termination.
Use Form 5300, Application for
Determination for Employee Benefit
Plan, instead of Form 5310 if the plan
sponsor or administrator is filing for a
determination but will continue to
maintain the trust after termination.

Who May Not File
This form may not be filed for:
• A multi-employer plan covered by
PBGC insurance.
• A request on a determination on the
plan’s qualification status for a partial
termination.
• A plan sponsor who is not certain if
they are a member of an ASG.
In these cases, use Form 5300
instead of Form 5310.

What To File
All applications must contain an original
signature and must be accompanied by
the following applicable items:
• The appropriate user fee and Form
8717, User Fee for Employee Plan
Determination Letter Request. Please
submit a separate check for each
application. For multiple employer

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Instructions for Form 5310

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plans, the fee is based on the number
of participating employers.
• A copy of the plan document.
• A copy of all amendments made
since the last determination letter.
• A statement explaining how the
amendments affect or change this plan
or any other plan maintained by the
employer.
• All applications for plans that have, at
any time in the past, received a
favorable determination letter must
include a copy of the plan’s latest
determination letter. See Line 3c under
Specific Instructions.
• A copy of the latest opinion letter for
a standardized master or prototype
plan, if any.
• A copy of the latest opinion or
advisory letter for a master or prototype
plan or volume submitter plan on which
the employer is entitled to rely, if
applicable.
• Copies of all records of all actions
taken to terminate the plan.
• Schedule Q (Form 5300) if an
elective determination is being
requested, and any additional
schedules or demonstrations required
by these instructions or the instructions
for Schedule Q.
• Form 8905, Certification of Intent To
Adopt a Pre-approved Plan, if an
employer intends to switch from the
five-year remedial amendment cycle to
the six-year remedial amendment cycle
by meeting one of the eligibility
requirements for the six-year remedial
amendment cycle.
Note. See Guidelines for
Demonstrations on page 6 regarding
the content of the demonstrations that
may be required by these instructions.
The numbers assigned to the
demonstrations that may be required by
these instructions are the numbers of
the corresponding demonstrations
under Schedule Q (Form 5300) and,
therefore, are not consecutive.
• A copy of all required attachments
and statements.
• Form 6088, Distributable Benefits
from Employee Pension Benefit Plans,
for all defined benefit or underfunded
defined contribution plans.
Note. A multiple-employer plan must
submit a Form 6088 for each employer
who has adopted the plan.

Where To File
File Form 5310 at the address indicated
below:
Internal Revenue Service
P.O. Box 192
Covington, KY 41012-0192
Private Delivery Services. You can
use certain private delivery services
designated by the IRS to meet the
“timely mailing as timely filing/paying”
rule for tax returns and payments.
These private delivery services include
only the following.

• DHL Express (DHL): DHL Same Day

Service, DHL Next Day 10:30 am, DHL
Next Day 12:00 pm, DHL Next Day
3:00 pm, and DHL 2nd Day Service.
• Federal Express (FedEx): FedEx
Priority Overnight, FedEx Standard
Overnight, FedEx 2Day, FedEx
International Priority, and FedEx
International First.
• United Parcel Service (UPS): UPS
Next Day Air, UPS Next Day Air Saver,
UPS 2nd Day Air, UPS 2nd Day Air
A.M., UPS Worldwide Express Plus,
and UPS Worldwide Express.
The private delivery service can tell
you how to get written proof of the
mailing date.

How To Complete the
Application
Applications are screened for
completeness. The application must be
signed by the employer, plan
administrator, or authorized
representative. Incomplete applications
may be returned to the applicant. For
this reason, it is important that an
appropriate response be entered for
each line item (unless instructed
otherwise). In completing the
application, pay careful attention to the
following:
• N/A (not applicable) is accepted as a
response only if an N/A block is
provided.
• If a number is requested, a number
must be entered.
• If an item provides a choice of boxes
to check, check only one box unless
instructed otherwise.
• If an item provides a box to check,
written responses are not acceptable.
• The IRS may, at its discretion,
require additional information any time
it is deemed necessary.
Note. Rev. Proc. 2006-6, 2006-1 I.R.B.
204 publishes the guidance under
which the determination letter program
is administered. It is updated annually
and can be found in the Internal
Revenue Bulletin (I.R.B.).

Specific Instructions
Line 1a. Enter the name, address, and
telephone number of the plan sponsor/
employer.
A plan sponsor means:
• In the case of a plan that covers the
employees of one employer, the
employer;
• In the case of a plan maintained by
two or more employers (other than a
plan sponsored by a group of entities
required to be combined under section
414(b), (c), or (m)), the association,
committee, joint board of trustees or
other similar group of representatives of
those who established or maintain the
plan;

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• In the case of a plan sponsored by

two or more entities required to be
combined under section 414(b), (c), or
(m), one of the members participating in
the plan; or
• In the case of a plan that covers the
employees and/or partner(s) of a
partnership, the partnership.
The name of the plan sponsor/
employer should be the same name
that was or will be used when the Form
5500 series annual returns/reports are
filed for the plan.
Address. Include the suite, room, or
other unit number after the street
address. If the Post Office does not
deliver mail to the street address and
the plan has a P.O. box, show the box
number instead of the street address.
This address should be the address of
the sponsor/employer.
Line 1b. Enter the 9-digit employer
identification number (EIN) assigned to
the plan sponsor/employer. This should
be the same EIN that was or will be
used when the Form 5500 series
annual returns/reports are filed for the
plan. For a multiple employer plan, the
EIN should be the same EIN that was
or will be used by the participating
employer when Form 5500 is filed by
the employer.

!

Do not use a social security
number or the EIN of the trust.

CAUTION

The plan sponsor/employer must
have an EIN. A plan sponsor/employer
without an EIN can apply for one.
• Online — Generally, a plan sponsor/
employer can receive an EIN by
Internet and use it immediately to file a
return. Go to the IRS website at
www.irs.gov/businesses/small and click
on Employer ID Numbers.
• By telephone — Call 1-800-829-4933.
• By mail or fax — Send in a completed
Form SS-4, Application for Employer
Identification Number.
The plan of a group of entities
required to be combined under section
414(b), (c), or (m), whose sponsor is
more than one of the entities required
to be combined, should only enter the
EIN of one of the sponsoring members.
This EIN must be used in all
subsequent filings of determination
letter requests, and for filing annual
returns/reports unless there is a change
of sponsor.
Line 1c. Enter the two digits
representing the month the employer’s
tax year ends. This is the employer
whose EIN was entered on line 1b.
Line 2. The contact person will receive
copies of all correspondence as
authorized in a Power of Attorney and
Declaration of Representative, Form
2848, or Tax Information Authorization,
Form 8821. Either complete the
contact’s information on this line, or

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check the box and attach a completed
Form 2848 or Form 8821.
Line 3a. Section 3001 of ERISA
requires the applicant to provide
evidence that each employee who
qualifies as an interested party has
been notified of the filing of this
application. If ‘‘Yes’’ is checked, it
means that each employee has been
notified as required by regulations
under Section 7476 or this is a one
person plan. A copy of the notice is not
required to be attached to this
application. If ‘‘No’’ is checked or this
line is blank, the application may be
returned.
Rules defining ‘‘interested parties’’
and the form of notification are in
Regulations section 1.7476-1. For an
example of an acceptable format, see
Rev. Proc. 2006-6, 2006-1 I.R.B. 204.
Line 3c. If you do not have a copy of
the latest determination letter, or if no
determination letter has ever been
received by the employer, submit
copies of the initial plan, or the latest
plan for which you do have a
determination letter, and any
subsequent amendments and/or
restatements, including all adoption
agreements.
If you check ‘‘Yes,’’ also attach a
statement explaining how the
amendments affect or change this or
any other plan of the employer.
Line 4b. Enter the three-digit number,
beginning with ‘‘001’’ and continuing in
numerical order for each plan you
adopt (001-499). This numbering will
differentiate your plans. The number
assigned to a plan must not be
changed or used for any other plan.
This should be the same number that
was or will be used when the Form
5500 series returns/reports are filed for
the plan.
Line 4c. Plan year means the
calendar, policy, or fiscal year on which
the records of the plan are kept.
Line 4e. Enter the total number of
participants. A participant means:
1. The total number of employees
participating in the plan including
employees under a section 401(k)
qualified cash or deferred arrangement
who are eligible but do not make
elective deferrals,
2. Retirees and other former
employees who have a nonforfeitable
right to benefits under the plan, and
3. The beneficiary of a deceased
employee who is receiving or will in the
future receive benefits under the plan.
Include one beneficiary for each
deceased employee regardless of the
number of individuals receiving
benefits.
Example. The payment of a
deceased employee’s benefit to three
children is considered a payment to
one beneficiary.

Line 5. Cash balance or similar plan.
For this purpose, a ‘‘cash balance’’
formula is a benefit formula in a defined
benefit plan by whatever name (for
example, personal account plan,
pension equity plan, life cycle plan,
cash account plan, etc.) that rather
than, or in addition to, expressing the
accrued benefit as a life annuity
commencing at normal retirement age,
defines benefits for each employee in
terms more common to a defined
contribution plan such as a single sum
distribution amount (for example, 10
percent of final average pay times
years of service, or the amount of the
employee’s hypothetical account
balance).
Line 6. If the plan employer/sponsor is
a member of a controlled group of
corporations, trades or businesses
under common control, or an affiliated
service group, all employees of the
group will be treated as employed by a
single employer for purposes of certain
qualification requirements. Attach a
statement showing in detail:
1. All members of the group,
2. Their relationship to the plan
sponsor,
3. The type(s) of plan(s) each
member has, and
4. Plans common to all members.
Note. If you want to apply for a
determination letter to determine if you
are a member of an affiliated service
group, do not file this form. File Form
5300.
Line 7. Attach copies of records of all
actions taken to terminate the plan,
such as board of directors’ resolutions.
Line 7b. Assets must be distributed as
soon as administratively feasible after
the date of termination. See Rev. Rul.
89-87, 1989-2 C.B. 81.
Line 7c. Check ‘‘No’’ only if you are
certain that there will be no reversion of
plan assets to the employer.
Line 10d. If you checked adverse
business conditions as the reason for
filing for termination, attach an
explanation detailing the conditions that
require termination of the plan.
Line 13. Complete this line to indicate
how the plan satisfied section 410(b).
Complete lines 13a through 13n if the
plan satisfied the ratio percentage test
for the year of termination. Complete
line 13o if the plan satisfied the average
benefit test for the year of termination.
Complete line 13p if the plan satisfied
coverage using one of the special
requirements of Regulations section
1.410(b)-2(b)(5), (6), or (7). Plans that
use the qualified separate lines of
business rules of section 414(r) must
attach Demo 1. See Guidelines for
Demonstrations.
Line 13a. If the plan is disaggregated
into two or more separate plans that
are other than profit sharing and/or

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section(s) 401(k) and/or 401(m) plan(s),
complete lines 13b through 13o with
respect to each disaggregated portion
of the plan. Attach additional schedules
as necessary to identify the other
disaggregated portions of the plan and
to provide the requested coverage
information, in the same format as line
13, separately with respect to the other
portions of the plan, or to otherwise
show that the other portions of the plan
separately satisfy section 410(b).
Example. If this plan benefits the
employees of more than one qualified
separate line of business (QSLOB), the
portion of the plan benefiting the
employees of each QSLOB is treated
as a separate plan maintained by that
QSLOB and must separately satisfy
section 410(b) unless the
employer-wide plan testing rule in
Regulations section 1.414(r)-1(c)(2)(ii)
applies.
Section(s) 401(k) and/or 401(m)
plan(s) must complete line 13(l) for the
portion of the plan that is not a section
401(k) or a 401(m) plan. Also complete
line 13(m)(1) to report the ratio
percentage for the section 401(k)
portion of the plan and line 13(m)(2) to
report the ratio percentage for the
section 401(m) portion of the plan.
Line 13c. If, for purposes of satisfying
the minimum coverage requirements of
section 410(b), you are applying the
daily testing option in Regulations
section 1.410(b)-8(a)(2) or the quarterly
testing option in Regulations section
1.410(b)-8(a)(3), or, if you are using
single-day ‘‘snapshot’’ testing as
permitted under section 3 of Rev. Proc.
93-42, 1993-2 C.B. 540, enter the most
recent eight-digit date (MMDDYYYY)
for which the coverage data is
submitted. If you are applying the
annual testing option in Regulations
section 1.410(b)-8(a)(4), enter the year
for which the coverage data is
submitted.
Line 13d. Include all employees of all
entities combined under section 414(b),
(c), (m), or (o). Also include all
self-employed individuals, common law
employees, and leased employees as
defined in section 414(n) of any of the
entities above, other than those
excluded by section 414(n)(5). Certain
other individuals may also be required
to be counted as employees. See the
definition of employee in Regulations
section 1.410(b)-9. Also see
Regulations section 1.410(b)-6(i), which
may permit the employer to exclude
certain former nonhighly compensated
employees.
Note. This note applies only to plans
that include a qualified cash or deferred
arrangement under section 401(k) or
employee or matching contributions
under section 401(m).
If there are any contributions under
the plan that are not subject to the

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special rule for section 401(k) plans and
section 401(m) plans in Regulations
section 1.401(a)(4)-1(b)(2)(ii)(B) (such
as nonelective contributions), complete
lines 13e through 13k with respect to
the portion of the plan that includes
these contributions and enter the ratio
percentage for this portion of the plan
on line 13l.
Otherwise, complete lines 13e
through 13k with respect to the section
401(k) part of the plan (or the section
401(m) plan if there is no section 401(k)
arrangement) and leave line 13l blank.
In all cases, enter the ratio percentages
for the section 401(k) and the section
401(m) parts of the plan, as applicable,
on line 13m. These percentages should
be based on the actual nonexcludables
in the sections 401(k) and 401(m)
portions, respectively. It is suggested
that these calculations be submitted
with the application, but this is optional.
Do not base the calculations on
lines 13(m)(1) and (2) on the
CAUTION nonexcludable employees
reported on line 13(g) unless all of the
disaggregated plans (profit sharing,
section 401(k), and section 401(m))
have the same nonexcludable
employees with the same age and
service requirements.

!

Line 13e(1). Enter the number of
employees who are excluded because
they have not attained the lowest
minimum age and service requirements
for any employee under this plan. If the
employer is separately testing the
portion of a plan that benefits otherwise
excludable employees, attach a
separate schedule describing which
employees are treated as excludable
employees on account of the minimum
age and service requirements under
each separate portion of the plan.
Line 13e(2). Enter the number of
employees who are excluded because
they are collectively bargained
employees as defined in Regulations
section 1.410(b)-6(d)(2), regardless of
whether those employees benefit under
the plan. For this purpose, an employee
covered under a Collective Bargaining
Agreement (CBA) is not considered a
collectively bargained employee if more
than 2% of the employees who are
covered under the agreement are
professional employees as defined in
Regulations section 1.410(b)-9.
Line 13e(3). Enter the number of
employees who do not receive an
allocation or accrue a benefit under the
plan only because they do not satisfy a
minimum hours of service requirement
or a last-day-of-the-plan year
requirement, provided they do not have
more than 500 hours of service, and
they are not employed on the last day
of the plan year. Do not enter on this
line any employees who have more
than 500 hours of service, even if they

are not employed on the last day of the
plan year.
Line 13e(4). If this plan benefits the
employees of one QSLOB, enter on
this line the number of employees of
the employer’s other QSLOBs. This is
not applicable if the plan is tested under
the special rule for employer-wide plans
in Regulations section
1.414(r)-1(c)(2)(ii).
Line 13e(5). Enter the number of
employees who are nonresident aliens
who receive no earned income (as
defined in section 911(d)(2)) from the
employer that constitutes income from
sources within the United States (as
defined in section 861(a)(3)).
Line 13g. Subtract the total of lines
13(e)(1) through 13(e)(5) as reported
on line 13(f) from the total employees
reported on line 13(d). The result is the
number of ‘‘nonexcludable employees.’’
These are the employees who cannot
be excluded from the plan for statutory
or regulatory reasons and must be
considered in the calculation of the ratio
percentage even though they might not
‘‘benefit’’ under the plan. If they meet
the age and service requirements of
section 410 and are not otherwise
excludable employees, they must be
included in this number.
Line 13h. Enter the number of
employees on line 13g who are highly
compensated employees (HCEs) as
defined in section 414(q).
Line 13i. In general, an employee is
treated as benefiting under the plan for
coverage tests purposes only if the
employee receives an allocation of
contributions or forfeitures or accrues a
benefit under the plan for the plan year.
Certain other employees are treated as
benefiting if they fail to receive an
allocation of contributions and/or
forfeitures, or to accrue a benefit, solely
because they are subject to plan
provisions that uniformly limit plan
benefits, such as a provision for
maximum years of service, maximum
retirement benefits, application of
offsets or fresh start wear-away
formulas, or limits designed to satisfy
section 415.
An employee is treated as benefiting
under a plan to which elective
contributions under section 401(k) or
employee contributions and matching
contributions under section 401(m) may
be made if the employee is currently
eligible to make such elective or
employee contributions, or to receive a
matching contribution, whether or not
the employee actually makes or
receives such contributions,
(Regulations sections 1.401(k)-1(g)(4)
and 1.401(m)-1(f)(4)). However, do not
apply this rule to determine if an
employee is to be counted as benefiting
for lines 13i and 13k if, in accordance
with the note following the instruction

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for line 13d, the information provided in
lines 13e through 13k relates to the
portion of the plan that is not subject to
the rule in Regulations section
1.401(a)(4)-1(b)(2)(ii)(B).
Line 13k. See the instructions for line
13i for the meaning of ‘‘benefiting under
the plan.’’
Line 13l. To obtain the ratio
percentage:
Step 1. Divide the number on line
13k (nonexcludable NHCEs benefiting
under the plan) by the number on line
13j (nonexcludable NHCEs).
Step 2. Divide the number on line
13i (nonexcludable HCEs benefiting
under the plan) by the number on line
13h (nonexcludable HCEs).
Step 3. Divide the result from Step 1
by the result from Step 2.
Note. If the ratio percentage entered
on line 13l and/or line 13m is less than
70%, the plan does not satisfy the ratio
percentage test. In this case, the plan
must satisfy the average benefit test. A
determination regarding the average
benefit test can be requested on line
13o by submitting a Demo 5.
Line 13m. See the Note following the
instructions for line 13d. To determine
the ratio percentages for the section
401(k) and all section 401(m) (matching
and employee contribution) portions of
the plan, follow the steps described in
the instructions for lines 13d through
13l, but treat an employee as benefiting
under the rules for section 401(k) plans
and section 401(m) plans described in
the instruction for line 13i.
Line 13o. Plans that use the average
benefit test to satisfy section 410(b) for
the year of termination must attach a
Demo 5 (see Guidelines for
Demonstrations) unless the plan has
received a favorable determination
regarding the average benefit test in
the 3 years preceding the date of
termination and the plan has not
experienced a material change in the
facts (including benefits provided and
employee demographics) on which the
determination was based.
Line 14. Do not complete line 14 if line
13p is completed. Complete line 14 to
indicate how the plan satisfied the
requirements of section 401(a)(4).
Complete this line as of the date
entered in line 13c. If this plan has
been disaggregated into separate plans
or restructured into component plans,
attach a Demo 4 indicating how each
separate disaggregated plan or
restructured component plan satisfies
the nondiscrimination in amount
requirement of Regulations section
1.401(a)(4)-1(b)(2).
If any restructured component plan
or disaggregated plan relies on a
nondesign-based safe harbor or a
general test, leave line 14c blank.

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Line 14a. Check ‘‘Yes’’ if the plan is
intended to satisfy the permitted
disparity requirements of section 401(I).
Line 14b. To satisfy section 401(l), a
plan must provide that the overall
permitted disparity limits are not
exceeded and specify how
employer-provided contributions or
benefits under the plan are adjusted, if
necessary, to satisfy the overall
permitted disparity limits. See
Regulations section 1.401(l)-5.
Line 14e. Plans that use a
nondesign-based safe harbor or a
general test to satisfy section 401(a)(4)
for the year of termination must attach
a Demo 6 (see Guidelines for
Demonstrations) unless: (1) the plan
has received a favorable determination
regarding the nondesign-based safe
harbor or general test in the 3 years
preceding the date of termination, and
(2) the plan has not experienced a
material change in the facts (including
benefits provided and employee
demographics) on which the
determination was based.
Line 15a(4). A dropped participant
means any participant who has
terminated employment even if their
benefits have not been distributed.
Line 15a(6). Enter the number of
participants separated from vesting
service with less than 100% vesting in
their accrued benefit or account
balance.
Line 15b. Attach a schedule with the
following information for each
participant who has separated from
vesting service with less than 100%
vesting:
1. Name of participant,
2. Date of hire,
3. Date of termination,
4. Years of participation,
5. Vesting percentage,
6. Account balance/account benefit
at the time of separation from service,
7. Amount of distribution,
8. Date of distribution, and
9. Reason for termination.
If there is a 20% reduction in
participants, explain why this would not
constitute a partial termination.
Line 17b. Regulations section
1.401(a)-20, Q&A-2 provides, in part,
that the requirements of sections
401(a)(11) and 417 apply to the
payments under annuity contracts, not
to the distributions of annuity contracts.
Line 17c. The accrued benefits of a
plan participant may not be reduced on
plan termination. A plan amendment
(including an amendment terminating a
plan) that effectively eliminates or
reduces an early retirement benefit or a
retirement type subsidy for benefits
attributable to pre-amendment service
is treated as reducing the accrued
benefit of a participant if subsequent to
termination the participant could satisfy

the conditions necessary to receive
such benefits. See section 411(d)(6)
and Regulations section 1.411(d)-3 and
Rev. Rul. 85-6, 1985-1 C.B. 133.
Line 17d. Answer ‘‘Yes’’ if any funds
were contributed in the form of, or
invested in, obligations or property of
the employer (including any entity
related to the employer under section
414(b) or 414(c)).
Line 17f. If there is a contribution
receivable that the employer intends to
make by the required due date for
section 412, and no funding deficiency
will exist after the contribution is made,
this line should be answered ‘‘No.’’
Line 17h(1). Provide a description of
the transaction(s) and attach a
statement which must include the:
1. Name(s) of the sponsor(s)
involved,
2. Employer identification number(s)
of the sponsor(s),
3. Plan administrator’s name(s) and
EIN, and
4. Plan name(s) and plan numbers.
Line 17h(4)(A). All plan liabilities must
be satisfied before assets can revert to
the employer upon termination of the
plan. All liabilities will not be satisfied if
the value of retirement-type subsidies
are not provided participants who, after
the date of the proposed termination,
satisfy certain pre-termination
conditions necessary to receive such
benefits. See section 401(a)(2),
Regulations section 1.401-2(a)(1) and
Rev. Rul. 85-6.
Line 17h(4)(B). The annuity contracts
purchased must be guaranteed for
each participant. However, in order to
maintain qualification of a continuing
pension plan, the contracts covering
participants’ accrued benefits in the
plan must not be distributed except in
accordance with Regulations section
1.401-1(b)(1)(i).
Line 17h(7). Answer ‘‘Yes’’ if your plan
is a defined benefit plan and you intend
that any or all of your participants will
be covered by a new or existing defined
benefit plan of the employer.
Line 17h(10). If the answer to this item
is ‘‘Yes,’’ attach a list that includes the:
1. Name(s) of the plan sponsor(s),
2. Employer or sponsor’s EINs,
3. Administrator’s identification
number(s),
4. Plan number(s), and
5. An explanation of the
termination(s) including:
a. The amount(s) of the
reversion(s),
b. The date(s) of termination, and
c. The reason(s) for termination.
Line 17j. For this question only,
‘‘single-sum distribution’’ will mean a
single payment of the value of a
participant’s benefits or a series of
payments that do not provide

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substantially equal payments (either
alone or in conjunction with other
benefit payments) over the life of the
participant.
Line 17l. Section 416 provides that
plan participants in a top-heavy plan
who are non-key employees must
accrue a minimum benefit or receive a
minimum contribution.
Line 17m. If ‘‘Yes’’ is checked, attach a
list for each plan with the following
information:
1. Name of plan,
2. Type of plan,
3. Plan number, and
4. Indicate if another application is
simultaneously being submitted with
this application.
Line 18. Complete this only for defined
contribution plans. Enter the date of the
current plan year and the prior 5
plan-years in the columns indicated.
Line 18b. Enter the amount of
forfeitures for each of the plan years
entered. If these forfeitures resulted
from a cashout for a year not listed on
line 15a, attach a statement indicating
the year of the cashout.
Line 18c. Enter the amount of
transfers and rollovers received from
qualified plans (under section 401(a)
and/or conduit IRAs) for each of the
plan years entered.
Line 19. Check the box or boxes that
indicate the form(s) of distribution of
benefits for your plan upon termination.
Submit a statement that all distributions
have been or will be made in
accordance with plan provisions and
proper spousal consents will be
secured, when applicable.
Line 20. Complete the statement
showing the estimated fair market value
of the plan assets and liabilities as of
the proposed date of termination or the
latest valuation date.
Include and clearly identify all
liabilities (other than liabilities for benefit
payments due after the date of plan
termination) that are unpaid as of the
proposed termination date or that are
paid or payable from plan assets after
the proposed date of plan termination
under the provisions of the plan.
Liabilities include expenses, fees, other
administrative costs, and benefit
payments due and not paid before the
proposed termination date or latest
valuation date.
Line 20c(4). Include investment
securities issued by a corporate entity
at a stated interest rate repayable on a
particular future date such as most
bonds, debentures, convertible
debentures, commercial paper and zero
coupon bonds. Do not include debt
securities of governmental units or
municipalities.
Line 20c(7)(A). Include the current
value of real property owned by the

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plan which produces income from
rentals, etc. Do not include this property
in line 20e (buildings and other property
used in plan operations).
Line 20c(7)(B). Include the current
value of real property owned by the
plan which is not producing income or
used in plan operations.
Line 20c(9) and (10). Attach a list
regarding loans from the plan. Include
the following information:
1. Name,
2. Dollar amount of each loan(s),
3. Date of loan,
4. Balance of the loan at the date of
termination,
5. Account balance prior to the date
of the loan,
6. Identify all disqualified persons as
described by section 4975(f), and
7. Amortization and/or repayment
schedule.
Line 20c(12). Include allocated and
unallocated contracts including
plan-owned life insurance.
Line 20i. ‘‘Acquisition indebtedness,’’
for debt-financed property other than
real property, means the outstanding
amount of the principal debt incurred:
1. By the organization in acquiring
or improving the property,
2. Before the acquisition or
improvement of the property if the debt
was incurred only to acquire or improve
the property, or
3. After the acquisition or
improvement of the property if the debt
was incurred only to acquire or improve
the property and was reasonably
foreseeable at the time of such
acquisition or improvement. For more
details, see section 514(c).

Guidelines for
Demonstrations
The following instructions describe
additional information that must be
included in the demonstrations.
Note. Applicants must follow the
guidelines in these instructions and
indicate in their demonstrations where
the elements in the guidelines are
addressed. Applicants must explain
why any elements have not been
addressed.
Information or computations that are
used for more than one purpose or
provided elsewhere in the application
may not be cross-referenced.

Demo 1 - Qualified Separate
Lines of Business
Provide a schedule with the following
information, as applicable:
1. The section(s) for which the
employer is testing on a separate line
of business basis (for example, section
410(b) or section 401(a)(26)),

2. The separate lines of business
that have employees benefiting under
the plan,
3. A demonstration of how the plan
meets the nondiscriminatory
classification requirement of section
410(b)(5)(B) and Regulations section
1.414(r)-8(b)(2) on an employer-wide
basis, and
4. If the requirements of section
410(b) or section 401(a)(26) are to be
applied to this plan on an
employer-wide basis under the special
rules for employer-wide plans, a
demonstration of how the plan meets
the requirements of the applicable
special rule in Regulations sections
1.414(r)-1(c)(2)(ii) or 1.414(r)-1(c)(3)(ii).

Demo 4 - Test for
Restructuring, Mandatory
Disaggregation or
Permissive Aggregation
Explain the basis of the disaggregation,
permissive aggregation, or
restructuring, identifying the aggregated
or separate disaggregated plans or
component plans, and demonstrate
how any restructured component plans
satisfy section 410(b) as if they were
separate plans.
Any other plan that has been
permissively aggregated with this plan
should be identified by:
• Name,
• Plan number, and
• Employer Identification Number
(EIN).
Describe the benefit or allocation
formula of the other plan and indicate if
that plan has received or been
submitted for a determination letter.

Demo 5 - Average Benefit
Test
1. A demonstration that a plan satisfies
the average benefit test must describe
compliance with the nondiscriminatory
classification test of Regulations section
1.410(b) including, if applicable, the
facts and circumstances determination
under Regulations section
1.410(b)-4(c)(3).
Note. The determination regarding the
average benefit test is not available to a
plan that satisfies the ratio percentage
test.
2. The demonstration for the average
benefit test should provide, for each
HCE and each NHCE, the
compensation used in the test, the
allocation or benefit being tested, and
the actual benefit percentages. The
average benefit percentages for HCEs
and NHCEs must be provided.
3. A plan that is deemed to satisfy the
average benefit percentage test under
the special rule in Regulations section
1.410(b)-5(f) must demonstrate that the
plan would satisfy the ratio percentage

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test if the excludable employee and
mandatory disaggregation rules for
collectively bargained and
noncollectively bargained employees
did not apply.
4. In addition to the above information,
the average benefit percentage
demonstration must identify and
describe the method used for
determining employee benefit
percentages (see Regulations sections
1.410(b)-5(d) and (e)). Also, include the
applicable information listed below,
under the heading All Plans.
Note. The demonstration must include
the portion of the coverage test
showing the data used in the
calculations and the calculations for
each participant. Participants need not
be identified. However, the IRS may
request that additional information be
submitted if necessary.

All Plans
All plans using the average benefit test
must also include the following
information on Demo 5:
1. The testing period (see Regulations
section 1.410(b)-5(e)(5) for an optional
averaging rule).
2. The definition of testing service
(including imputed and pre-participation
service).
3. A description of the testing group
(see Regulations section 1.410(b)-7(e)).
4. Whether the employee benefit
percentages are determined on a
contributions or benefits basis.
5. Whether permitted disparity under
Regulations section 1.401(a)(4)-7 is
imputed in determining employee
benefit percentages.
6. An explanation of how allocation or
accrual rates are grouped on the test.
7. A description of how contributions or
benefits are normalized on the test,
including the actuarial assumptions
used.
8. The definition of section 414(s)
compensation used in determining plan
year compensation or average annual
compensation and a demonstration
showing the definition as
nondiscriminatory. If plan year
compensation or average annual
compensation is determined using a
definition of compensation that satisfies
Regulations section 1.414(s)-1(c)(2) or
(3), the explanation should state
whether the definition satisfies
Regulations section 1.414(s)-1(c)(2) or
(3). For guidance pertaining to this
demonstration, see the guidelines for
Demo 9, nondiscriminatory
compensation, in the instructions for
Schedule Q (Form 5300).
9. A description of the method of
determining compensation used in
determining employee benefit
percentages.

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10. The testing age of employees (not
applicable to defined contribution plans
testing on a contribution basis).

Employee Benefit Percentages
Determined Using
Cross-Testing

Plans with Defined Benefits
Plans in the Testing Group

17. Provide a description of the method
used to determine equivalent
allocations and benefits on the test.

Plans with DBPs in the testing group
must also provide the following
information, if applicable.
11. Show if accruals after normal
retirement age are taken into account
and, if such accruals are disregarded
as provided in Regulations section
1.401(a)(4)-3(f)(3), the basis on which
they are disregarded.
12. Show if most valuable rates must
be used under Regulations section
1.410(b)-5(d)(7), and, if so, show how
those rates are determined.
13. Show if a defined benefit plan
disregards offsets described in
Regulations section 1.401(a)(4)-3(f)(9),
give a description of such offsets, and
show how they satisfy Regulations
section 1.401(a)(4)-3(f)(9).
14. Show if any disability benefits are
taken into account in determining
employees’ accrued benefits under
Regulations section 1.401(a)(9)-3(f)(2),
and, if so, cite the plan provisions that
permit these disability benefits to be
taken into account.
15. Show if any other special rules in
testing a plan for nondiscrimination in
amounts are applied, for example, the
rules applicable to the determination of
benefits on other than a plan-year basis
described in Regulations section
1.401(a)(4)-3(f)(6), the adjustments for
certain plan distributions provided in
Regulations section 1.401(a)(4)-3(f)(7),
and the adjustment for certain qualified
preretirement survivor annuity charges
as provided in Regulations section
1.401(a)(4)-3(f)(8).
16. For plans with employee
contributions not allocated to separate
accounts, give a description of the
method for determining the
employer-provided accrued benefit
under Regulations section
1.401(a)(4)-6(b) and the location of
relevant plan provisions. If the method
for determining the employer-provided
accrued benefit is the
composition-of-workforce method, the
demonstration must show that the
eligibility requirements of Regulations
section 1.401(a)(4)-6(b)(2)(ii) are
satisfied; if the grandfather rule of
Regulations section 1.401(a)(4)-6(b)(4)
is used, the demonstration must show,
if applicable, that the benefits provided
on account of employee contributions at
lower levels of compensation are
comparable to those provided on
account of employee contributions at
higher levels of compensation.

Demo 6 - General Test
A determination that a plan satisfies
any of the general tests in Regulations
sections 1.401(a)(4)-2(c),
1.401(a)(4)-3(c), 1.401(a)(4)-8(b)(2),
1.401(a)(4)-8(c)(2),
1.401(a)(4)-8(c)(3)(iii)(C), and
1.401(a)(4)-9(b) must include a
nondiscrimination test showing that the
plan passes the relevant general test,
and provide the information listed under
All Plans (unless otherwise noted) and,
if applicable, under DBPs Only or
Cross-Tested Plans Only. However, the
IRS may request that additional
information be submitted if necessary.

All Plans (unless otherwise
noted)
All plans must submit the information
requested in items 1 through 11.
1. Provide the portion of the
nondiscrimination test that provides the
data for each participant and
demonstrates that the plan satisfies
section 401(a)(4). Participants need not
be identified by name. Tests that
include two or more component plans
(such as profit sharing, money
purchase, sections 401(k) and 401(m))
should show the allocations or benefits
under each component plan.
2. Identify each rate group under the
plan and include a demonstration of
how each rate group satisfies section
410(b). If the plan is a DBP that is
being tested on the basis of the amount
of benefits, rate groups must be
determined on the basis of both normal
and most valuable accrual rates which
are expressed as a dollar amount or a
percentage of compensation. If the
most valuable accrual rate is
determined in accordance with the
special rule in Regulations section
1.401(a)(4)-3(d)(3)(iv) (floor on most
valuable accrual rate), this must be
indicated.
3. State whether the plan is being
tested on a contributions or benefits
basis.
4. Provide the plan year being tested.
5. Provide a description of the method
of determining allocation or accrual
rates, and if the plan is tested on a
benefits basis, the measurement period
and definition of testing service
(including imputed and pre-participation
service).
6. State whether the test is imputing
permitted disparity under Regulations
section 1.401(a)(4)-7.
7. Provide an explanation of how
allocation or accrual rates are grouped.

-7-

8. Provide an explanation of how
benefits are normalized on the test,
including the actuarial assumptions
used (not applicable to defined
contribution plans testing on a
contributions basis).
9. State the definition of section 414(s)
compensation used in determining plan
year compensation or average annual
compensation and a demonstration
showing the definition as
nondiscriminatory. If plan year
compensation or average annual
compensation is determined using a
definition of compensation that satisfies
Regulations section 1.414(s)-1(c)(2) or
(3), state whether the definition satisfies
Regulations section 1.414(s)-1(c)(2) or
(3). See the guidelines for Demo 9,
nondiscriminatory compensation, in the
Instructions for Schedule Q (Form
5300) for guidance pertaining to this
demonstration.
10. Provide the method of determining
average annual compensation used in
testing the plan for nondiscrimination as
defined in Regulations section
1.401(a)(4)-3(e)(2) or give a description
of the period used in determining plan
year compensation.
11. Provide the testing age of
employees, include fractions of year if
test is based on fractional age (not
applicable to DCPs testing on a
contributions basis).

Defined Benefit Plans Only
All DBPs must also provide the
following information if applicable.
12. State whether accruals after normal
retirement age are taken into account,
and if such accruals are disregarded as
provided in Regulations section
1.401(a)(4)-3(f)(3), provide the basis on
which they are disregarded.
13. State whether early retirement
window benefits are taken into account
in determining accrual rates and
whether such benefits are being
disregarded under Regulations section
1.401(a)(4)-3(f)(4)(ii). Also provide the
basis on which they are disregarded.
14. State whether any unpredictable
contingent event benefits were taken
into account in determining accrual
rates under Regulations section
1.401(a)(4)-3(f)(5) and provide the
basis on which they are taken into
account.
15. State whether the plan disregards
offsets described in Regulations section
1.401(a)(4)-3(f)(9), provide a
description of such offsets, and show
how they satisfy Regulations section
1.401(a)(4)-3(f)(9).
16. State whether any disability
benefits are taken into account in
determining employees’ accrued
benefits under Regulations section
1.401(a)(4)-3(f)(2), and if so, cite the
plan provisions that permit these

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disability benefits to be taken into
account.
17. State whether any other special
rules in Regulations section
1.401(a)(4)-3(f) are applied in testing a
plan for nondiscrimination in amount.
For example:
• The rules applicable to the
determination of benefits on other than
a plan-year basis described in
Regulations section 1.401(a)(4)-3(f)(6),
• The adjustment for certain plan
distributions provided in Regulations
section 1.401(a)(4)-3(f)(7), and
• The adjustment for certain qualified
preretirement survivor annuity charges
as provided in Regulations section
1.401(a)(4)-3(f)(8).
18. Plans with employee contributions
not allocated to separate accounts
should include:
• A description of the method for
determining whether
employee-provided accrued benefits
are nondiscriminatory under
Regulations section 1.401(a)(4)-6(c),
• The method for determining the
employer-provided accrued benefit
under Regulations section
1.401(a)(4)-6(b), and
• The location of relevant plan
provisions.
If the method for determining the
employer-provided accrued benefit is
the composition-of-workforce method,
the demonstration must show that the
eligibility requirements of Regulations
section 1.401(a)(4)-6(b)(2)(ii) are
satisfied.
If the grandfather rule of Regulations
section 1.401(a)(4)-6(b)(4) is used, the
demonstration must show, if applicable,
that the benefits provided on account of
employee contributions at lower levels
of compensation are comparable to
those provided on account of employee

contributions at higher levels of
compensation.
19. If the plan would otherwise fail to
satisfy the general test in Regulations
section 1.401(a)(4)-3(c)(1), and a
determination is being sought that the
failure may be disregarded as permitted
by the special rule in Regulations
section 1.401(a)(4)-3(c)(3), describe the
relevant facts and circumstances that
support the use of this rule.

Cross-Tested Plans Only
20. Provide a description of the method
used to determine equivalent
allocations and benefits.
21. Defined Contribution Plans. The
demonstration must list each
participant’s allocation rate for the plan
being tested and list the equivalent
benefit accrual rate (including
component plans) for each participant.
Also, the demonstration must show how
the plan satisfies one of the conditions
in Regulations section
1.401(a)(4)-8(b)(1)(i)(B) in order to be
eligible to test on a benefits basis.

Demo 6 - Safe Harbor for
Uniform Points Plans
Each demonstration of the safe harbor
for uniform points plans in Regulations
section 1.401(a)(4)-2(b)(3) should
include the following information.
1. Provide a description of the plan’s
allocation formula and the location of
relevant plan provisions.
2. State the definition of section 414(s)
compensation used in determining plan
year compensation and give a
demonstration showing the definition as
nondiscriminatory. If the plan
determines plan year compensation
using a definition of compensation that
satisfies Regulations section

1.414(s)-1(c)(2) or (3), state whether
the definition satisfies Regulations
section 1.414(s)-1(c)(2) or (3).
See the guidelines for Demo 9,
nondiscriminatory compensation, in the
Instructions for Schedule Q (Form
5300) for guidance pertaining to this
demonstration.
3. Provide the portion of the
nondiscrimination test that provides the
data for each participant and
demonstrates that the plan satisfies
section 401(a)(4). The data must
include the units for each participant
being tested and the underlying basis
for the units such as age, years of
service or compensation. Show the
allocation rate for each eligible
participant.
Show the average of the allocation
rates (determined without imputing
permitted disparity) for the highly
compensated and for the nonhighly
compensated employees benefiting
under the plan.

Demo 6 - Alternative Safe
Harbor for Flat Benefit Plans
Each demonstration of the alternative
safe harbor for flat benefit plans in
Regulations section
1.401(a)(4)-3(b)(4)(i)(C)(3) must set
forth the average of the normal accrual
rates for all nonhighly compensated
nonexcludable employees and the
average of the normal accrual rates for
all highly compensated nonexcludable
employees. In addition, the
demonstration should provide the
additional information described under
‘‘Demo 6 - General Test,’’ relating to
the determination of normal accrual
rates, except for the information
described in paragraphs numbered 1,
2, 6, 18, and 19.

Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the
United States. You are required to give us the information. We need it to determine whether you meet the legal requirements
for plan approval.
You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless
the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long
as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return
information are confidential, as required by section 6103.
The time needed to complete and file the forms listed below will vary depending on individual circumstances. The
estimated average times are:
Recordkeeping

Learning about the law or
the form

Preparing, copying,
assembling, and sending
the form to the IRS

Form 5310

64 hr., 5 min.

21 hr., 35 min.

25 hr., 27 min.

Form 6088

6 hr., 24 min.

1 hr., 12 min.

1 hr., 21 min.

If you have any comments concerning the accuracy of these time estimates or suggestions for making these forms
simpler, we would be happy to hear from you. You can write to Internal Revenue Service, Tax Products Coordinating
Committee, SE:W:CAR:MP:T:T:SP, 1111 Constitution Ave. NW, IR-6406, Washington, DC 20224.
Do not send these forms to this address. Instead, see Where To File on page 2.

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