Revenue Procedure 2010-52 describes how a multiemployer plan sponsor may request an extension under IRC Section 431(d) of its plan’s unfunded liability amortization period. Plan sponsors may request an extension under IRC Section 431(b)(2)(B) or (b)(4) either as an:
- automatic extension – by including an actuarial certification and requesting an extension of no more than 5 years; or
- alternate extension – requesting an extension of no more than 10 years minus the amount of any automatic extension.
Revenue Procedure 2010-52:
- updates Revenue Procedure 2008-67 by describing the special amortization rule under IRC Section 431(b)(8)(A);
- details the information a plan sponsor must include in an automatic and alternate extension application;
- adds the Pension Benefit Guaranty Corporation to the list of affected parties who must receive notice of the application;
- includes a Model Notice of Application for Amortization Extension, with a “Plain Language” section;
- extends the time that plan sponsors have to submit an application until the 15th day of the third calendar month following the last day of the first plan year for which the extension is intended to take effect; and
- changes the interim effect of the amortization extension application.
Revenue Procedure 2010-52 is generally effective for extension applications submitted on or after January 1, 2011. However, if the IRS has not yet ruled on a plan’s application for an automatic 5-year extension and the actuary certifies prior to January 1, 2011, the actuary may under certain conditions treat the application as approved and use the extended amortization period.