I have a 11/1 - 10/31 DB plan that due to layoffs experienced enough of an active participant reduction that it is considered a partial plan termination at 11/1/09. There has always been less than 50 participants. In the past the plan would get a waiver from reporting to the PBGC for the active participant reduction due to small plan status but now that the proposed regs are out is the Form 10 required to be submitted?

Did the event occur before the effective date of the new reg?

If the effective date of the proposed rule is 11/23/09 (the issue date) then yes the layoffs happened before that. Although, I was not aware of it until after 11/23/09.