Title 29--LABOR
Chapter XL--PENSION BENEFIT GUARANTY CORPORATION


Ch. XL Part(s)/Subpart(s) Ch. XXVI Part Subpart(s)/Section(s)...


Ch. XXVI Part(s) Subpart/ Ch. XL Part Subpart/Section(s)...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4001.1] [Page 724] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4001--TERMINOLOGY--Table of Contents Sec. 4001.1 Purpose and scope. This part contains definitions of certain terms used in this chapter and the regulations under which the PBGC makes various controlled group determinations. ...


(1) Each participant in the plan; (2) Each beneficiary of a deceased participant; (3) Each alternate payee under an applicable qualified domestic relations order, as defined...


not incorporated) are under common control if they are ``two or more trades or businesses under common control'', as defined in regulations prescribed under section 414(c) of...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4002.1] [Page 727] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4002--BYLAWS OF THE PENSION BENEFIT GUARANTY CORPORATION--Table of Contents Sec. 4002.1 Name. The name of the Corporation is the Pension Benefit Guaranty Corporation. ...


Corporation may have additional offices at such other places as the Board of Directors may deem necessary or desirable to the conduct of...


assigned to the Board of Directors in title IV of the Employee Retirement Income Security Act of 1974. The Board of Directors of the Corporation shall be composed of...


responsibility for its management, including overall supervision of the Corporation's personnel, organization, and budget practices, and shall exercise such...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4002.5] [Page 728] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4002--BYLAWS OF THE PENSION BENEFIT GUARANTY CORPORATION--Table of Contents Sec. 4002.5 Quorum. A majority of the Directors shall constitute a quorum for the transaction of business. Any act of a majority of the Directors present at any meeting at which there is a quorum shall be the act of the Board, except as may otherwise be provided in these bylaws. ...


the Board of Directors shall be called by the Chairman on the request of any other Director. Reasonable notice of any meetings shall be given to each Director. The...


of the Corporation unless otherwise determined by the Board of Directors or the Chairman. Any Director may participate in a meeting of the Board of Directors through the...


if, (1) That Director was represented at that meeting by an individual who was designated to act on his behalf, and (2) That Director ratified in writing the...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4002.9] [Page 729] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4002--BYLAWS OF THE PENSION BENEFIT GUARANTY CORPORATION--Table of Contents Sec. 4002.9 Amendments. These bylaws may be amended or new bylaws adopted by unanimous vote of the Board. ...


the issuance of all initial determinations by the PBGC on cases pending before it involving the matters set forth in paragraph (b) of this section and the procedures...


Code, contributing sponsor, controlled group, ERISA, multiemployer plan, PBGC, person, plan administrator, and single-employer plan. In addition, for purposes of...


documents necessary to file a request for review pursuant to subpart C or D of this part, or necessary to a decision whether to seek review, or necessary to participate in...


part to be filed within a prescribed period of time, an extension of time to file will be granted only upon good cause shown and only when the request for an extension is...


of an initial determination that was not filed within the prescribed period of time for requesting review (see Secs. 4003.32 and 4003.52) if-- (a) The person...


is required or permitted by this part on his or her own behalf or he or she may designate a representative. When the representative is not an attorney-at-law, a notarized...


person aggrieved by an initial determination of the PBGC covered by this part, other than a determination subject to reconsideration that is issued by a...


the PBGC believes that some or all of the information contained in the document is exempt from the mandatory public disclosure requirements of the Freedom of Information Act,...


be filed under this part is considered filed on the date of the United States postmark stamped on the cover in which the document is mailed, provided that-- (1)...


by this part, the day of the act, event, or default from which the designated period of time begins to run is not counted. The last day of the period so computed shall...


which this subpart applies shall be in writing, shall state the reason for the determination, and, except when effective on the date of issuance as provided in Sec....


provided in paragraph (b) of this section, an initial determination covered by this subpart will not become effective until the prescribed period of time for filing a request...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4003.31] [Page 733] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4003--RULES FOR ADMINISTRATIVE REVIEW OF AGENCY DECISIONS--Table of Contents Subpart C--Reconsideration of Initial Determinations Sec. 4003.31 Who may request reconsideration. Any person aggrieved by an initial determination of the PBGC to which this subpart applies may request reconsideration of the determination. ...


4003.4 and 4003.5, a request for reconsideration must be filed within 30 days after the date of the initial determination of which reconsideration is sought or,...


reconsideration shall be submitted to the Director of the department within the PBGC that issued the initial determination, except that a request for reconsideration of a...


reconsideration shall-- (a) Be in writing; (b) Be clearly designated as a request for reconsideration; (c) Contain a statement of the grounds for reconsideration...


provided in paragraphs (a)(1) or (a)(2), final decisions on requests for reconsideration will be issued by the same department of the PBGC that issued the initial determination,...


an initial determination to which this subpart applies may file an appeal. Any person who may be aggrieved by a decision under this subpart granting the relief requested in whole...


under this subpart must be filed within 45 days after the date of the initial determination being appealed or, when administrative review includes a procedure in Sec....


appeal shall be submitted to the Appeals Board, Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC...


(2) Be clearly designated as an appeal; (3) Contain a statement of the grounds upon which it is brought and the relief sought; (4) Reference all...


the Appeals Board, any appearance permitted under this subpart may be before a hearing officer designated by the Appeals Board. (b) An opportunity to appear before...


multiple appeals are filed that arise out of the same or similar facts and seek the same or similar relief, the Appeals Board may, in its discretion, order...


decision granting, in whole or in part, the relief requested in an appeal, it shall make a reasonable effort to notify third persons who will be aggrieved by the decision...


in this part, the Appeals Board may request the submission of any information or the appearance of [[Page 735]] any person it considers necessary...


Board shall consider those portions of the file relating to the initial determination, all material submitted by the appellant and any third parties in connection with...


in its discretion, refer any appeal to the Executive Director of the PBGC for decision. In such a case, the Executive Director shall have all the powers vested in the Appeals...


any other provision of this part, any member of the Appeals Board has the authority to take any action that the Appeals Board could take with respect to a...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4006.1] [Page 736] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4006--PREMIUM RATES--Table of Contents Sec. 4006.1 Purpose and scope. This part, which applies to all plans covered by title IV of ERISA, provides rules for computing the premiums imposed by sections 4006 and 4007 of ERISA. (See part 4007 of this chapter for rules for the payment of premiums, including due dates and late payment charges.) ...


plan, notice of intent to terminate, PBGC, plan administrator, plan, plan year, and single- employer plan. In addition, for purposes of this part: ...


of ERISA shall equal the flat-rate premium under paragraph (a) of this section plus, in the case of a single-employer plan, the variable-rate premium under paragraph (b) of...


under Sec. 4006.5, the amount of a plan's unfunded vested benefits (as defined in paragraph (b) of this section) shall be determined as of the last day of the plan...


unfunded vested benefits under Sec. 4006.4 and does not owe a variable-rate premium under Sec. 4006.3(b). (1) Certain fully funded plans. A plan is described in...


on any date if the plan has benefit liabilities with respect to the individual on that date. (b) Loss or distribution of benefit. For purposes of this section,...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4007.1] [Page 743] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4007--PAYMENT OF PREMIUMS--Table of Contents Sec. 4007.1 Purpose and scope. This part, which applies to all plans that are covered by title IV of ERISA, provides procedures for paying the premiums imposed by sections 4006 and 4007 of ERISA. (See part 4006 of this chapter for premium rates and computational rules.) ...


intent to terminate, PBGC, plan, plan administrator, plan year, and single-employer plan. (b) For purposes of this part, the following terms are defined in Sec. 4006.2...


the instructions in the PBGC annual Premium Payment Package. The plan administrator of each covered plan shall file the prescribed form or forms, and any premium payments...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4007.4] [Page 744] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4007--PAYMENT OF PREMIUMS--Table of Contents Sec. 4007.4 Filing address. Plan administrators shall file all forms required to be filed under this part and all payments for premiums, interest, and penalties required to be made under this part at the address specified in the Premium Payment Package. ...


on the date on which it is mailed. (b) A form or payment shall be presumed to have been mailed on the date on which it is postmarked by the United States Postal Service,...


to run is not counted. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or federal holiday, in which event the period runs until...


will accrue on the unpaid amount at the rate imposed under section 6601(a) of the Code for the period from the date payment is due to the date payment is made....


a late payment penalty charge as determined under this paragraph (a), except to the extent the charge is waived under paragraphs (b) through (g) of this section. The...


coverage for basic benefits guaranteed under section 4022(a) or 4022A(a) of ERISA. (b) The payment of the premiums imposed by this part will not result in coverage for...


prepared by an enrolled actuary or, for a plan described in section 412(i) of the Code, by the insurer from which the insurance contracts are purchased, that are necessary...


for large plans are prescribed in paragraph (a)(2) of this section. (1) Plans with fewer than 500 participants. If the plan has fewer than...


to submit the premium payment for a single-employer plan is a procedural requirement only and does not alter the liability for premium payments imposed by section 4007 of...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4010.1] [Page 749] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4010--ANNUAL FINANCIAL AND ACTUARIAL INFORMATION REPORTING--Table of Contents Sec. 4010.1 Purpose and scope. This part prescribes the requirements for annual filings with the PBGC under section 4010 of ERISA. This part applies to filers for any information year ending on or after December 31, 1995. ...


group, ERISA, fair market value, IRS, PBGC, person, plan, and plan year. In addition, for purposes of this part: Exempt entity means a person who does not have...


been granted under Sec. 4010.11 of this part, each filer shall submit to the PBGC annually, on or before the due date specified in Sec. 4010.10, all information specified...


filer with respect to an information year (unless exempted under paragraph (d) of this section) if-- (1) The aggregate unfunded vested benefits of all plans (including...


persons are filers (Sec. 4010.4), what information a filer must submit (Secs. 4010.6- [[Page 751]] 4010.9), whether a plan is an exempt plan (Sec. 4010.8(c)), and...


4010.8 (plan actuarial information) and Sec. 4010.9 (financial information) of this part with respect to each member of the filer's controlled group and each plan maintained...


member of the controlled group (excluding exempt entities)-- (1) The name, address, and telephone number of each member of the controlled group and the legal relationships...


the filer's controlled group, each filer is required to provide the following actuarial information-- (1) The fair market value of the plan's assets; (2) The value of...


for each controlled group member (other than an exempt entity)-- (1) Audited financial statements for the fiscal year ending within the information...


the information required under this part with the PBGC on or before the 105th day after the close of the filer's information year. [[Page 754]] (b)...


may extend the applicable due date or dates specified in Sec. 4010.10 of this part. The PBGC will exercise this discretion in appropriate cases where it finds...


information or documentary material that is not publicly available and is submitted to the PBGC pursuant to this part shall not be made public, except as may be relevant to...


a separate penalty under section 4071 of ERISA against the filer and each member of the filer's controlled group (other than an exempt entity) of up to $1,100 a day for...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4010.14] [Page 754] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4010--ANNUAL FINANCIAL AND ACTUARIAL INFORMATION REPORTING--Table of Contents Sec. 4010.14 OMB control number. The collection of information requirements contained in this part have been approved by the Office of Management and Budget under OMB control number 1212-0049. ...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4011.1] [Page 755] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4011--DISCLOSURE TO PARTICIPANTS--Table of Contents Sec. 4011.1 Purpose and scope. This part prescribes rules and procedures for complying with the requirements of section 4011 of ERISA. This part applies for any plan year beginning on or after January 1, 1995, with respect to any single- employer plan that is covered by section 4021 of ERISA. ...


plan administrator, plan year, and single-employer plan. In addition, for purposes of this part: Participant has the meaning in Sec. 4041.2 of this chapter. ...


year if a variable rate premium is payable for the plan under section 4006(a)(3)(E) of ERISA and part 4006 of this chapter for that plan year, unless, for that plan year or...


by reason of section 302(d)(6)(A) is exempt from the Participant Notice requirement for the 1995 plan year. (b) Small Plan DRC Exception Test. In determining whether...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4011.5] [Page 756] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4011--DISCLOSURE TO PARTICIPANTS--Table of Contents Sec. 4011.5 Exemption for new and newly-covered plans. A plan (other than a plan resulting from a consolidation or spinoff) is exempt from the Participant Notice requirement for the first plan year for which the plan must pay premiums under parts 4006 and 4007 of this chapter. ...


plan year, the plan administrator shall apply the requirements of section 4011 of ERISA and of this part for that plan year in a reasonable manner to ensure that the...


deceased participant, an alternate payee under an applicable qualified domestic relations order (as defined in section 206(d)(3) of ERISA), or an employee organization...


filing the annual report for the previous plan year (see Sec. 2520.104a-5(a)(2) of this title). The plan administrator may change the date of issuance from one plan year...


to receive it. It may be issued together with another document, such as the summary annual report required under section 104(b)(3) of ERISA for the prior plan year, but...


in a manner calculated to be understood by the average plan participant and not to mislead recipients. The Model Participant Notice in appendix A to this part (when...


1212-0050. Appendix A to Part 4011--Model Participant Notice The following is an example of a Participant Notice that satisfies...


prescribe rules governing the calculation and payment of benefits payable in terminated single- employer plans under section 4022 of ERISA. Subpart A, which applies to each...


this chapter: annuity, Code, employer, ERISA, guaranteed benefit, mandatory employee contributions, nonforfeitable benefit, normal retirement age, notice of intent to...


the PBGC will guarantee the amount, as of the termination date, of a benefit provided under a plan to the extent that the benefit does not exceed the limitations in ERISA...


is entitled to a benefit if under the provisions of a plan: [[Page 762]] (1) The benefit was in pay status on the date of the termination of...


payable to a surviving beneficiary is not considered to be forfeitable solely because the plan provides that the benefit will cease upon the remarriage of such beneficiary or...


paragraph (b) of this section, an annuity which is payable (or would be payable after a waiting period described in the plan, whether or not the participant is in receipt of...


If a benefit that is guaranteed under this part is [[Page 763]] payable in a single installment or substantially so under the terms of the plan, or...


benefits are not already in pay status. Except as provided in Sec. 4022.7 (relating to the payment of lump sums), the PBGC will pay benefits-- (1) In the automatic PBGC...


participant may start receiving an annuity benefit from the PBGC (subject to the PBGC's rules for starting benefit payments) on his or her Earliest PBGC Retirement Date as...


for a participant is the earliest date on which the participant could retire under plan provisions for purposes of section 4044(a)(3)(B) of ERISA. The Earliest...


(c) and (d) of this section, the PBGC will not guarantee that part of an installment payment that exceeds the dollar amount payable as a straight life annuity commencing...


ERISA and part 4022B of this chapter, benefits payable with respect to a participant under a plan shall be guaranteed only to the extent that such benefits do not exceed...


a benefit is payable in any manner other than as a monthly benefit payable for life commencing at age 65, the maximum guaranteeable monthly amount of such benefit shall...


(1) To all benefit increases, as defined in Sec. 4022.2, payable with respect to a participant other than a substantial owner, which have been in effect for less than five...


owners. (a) Scope. This section applies to the guarantee of benefit increases which have been in effect for less than five years with respect to...


(a) Scope. This section shall apply to the guarantee of all benefits described in subpart A (subject to the limitations in Sec. 4022.21) with respect to participants...


provided in paragraph (b) of this section, benefits accrued under a plan after the date on which the Secretary of the Treasury or his delegate issues a notice that any...


(a) General. When Sec. 4041.42 of this chapter requires a plan administrator to reduce benefits, the plan administrator shall limit benefit payments in accordance with...


benefit payable with respect to each participant who is not a substantial owner is computed under paragraph (c) of this section. The estimated guaranteed benefit...


in paragraph (b) exist, the plan administrator shall determine each participant's estimated title IV benefit. The estimated title IV benefit payable with respect to...


(a) Recoupment of benefit overpayments. If at any time the PBGC determines that net benefits paid with respect to any participant in a PBGC-trusteed...


recoupment. (a) Future benefit reduction. The PBGC will recoup net overpayments of benefits by reducing the amount of each future benefit payment to which...


benefit underpayments. When the PBGC determines that there has been a net benefit underpayment made with respect to a participant, it shall pay the...


otherwise noted. (a) Types of benefits. Provided the conditions in paragraphs (b) and (c) of this section are satisfied, these rules (Secs. 4022.91...


know three definitions from Sec. 4001.2 of this chapter (PBGC, person, and plan) and the following definitions: ``We'' means the PBGC. ``You'' means the person to whom...


(a) In general. Except as provided in paragraphs (b) and (c) of this section (which explain what happens if you die before the date we take over your plan or within 180...


may owe me at the time of my death? (a) When you may designate. At any time on or after the date we take over your plan, you may designate with us who will get any benefits...


4022.91 through 4022.94 apply. For examples on how these rules apply in the case of a certain-and-continuous annuity, see Sec. 4022.104. At the time of his death,...


do these rules apply? Source: 67 FR 16958, Apr. 8, 2002, unless otherwise noted. (a) In general. These rules (Secs. 4022.101 through 4022.104) apply only...


definitions do I need to know for these rules? You need to know three definitions from Sec. 4001.2 of this chapter (PBGC, person, and plan) and the following definitions: ...


will get benefits if I die when payments for future periods under a certain-and-continuous or similar annuity are owed upon my death? If you die at a time when payments are owed...


will get benefits if I die when payments for future periods under a certain-and-continuous or similar annuity are owed upon my death? If you die at a time when payments are owed...
...


respect to one participant in two or more plans, the aggregate benefits payable by PBGC from its funds is limited by Sec. 4022.22 of this chapter (without regard to...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4041.1] [Page 793] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4041--TERMINATION OF SINGLE-EMPLOYER PLANS--Table of Contents Subpart A--General Provisions Sec. 4041.1 Purpose and scope. This part sets forth the rules and procedures for terminating a single-employer plan in a standard or distress termination under section 4041 of ERISA, the exclusive means of voluntarily terminating a plan. ...


annuity, benefit liabilities, Code, contributing sponsor, controlled group, distress termination, distribution date, EIN, employer, ERISA, guaranteed benefit,...


period of time under this part, the day of the event from which the period begins is not counted. The last day of the period is counted. If the last day falls on...


Relief Act (42 U.S.C. 5121, 5122(2), 5141(b)), a major disaster exists, the Executive Director of the PBGC (or his or her designee) may, by issuing one or more notices...


requirement. Each contributing sponsor and the plan administrator of a plan terminating in a standard termination, or in a distress termination that closes out in accordance...


any information required under this part within the specified time limit, the PBGC may assess a penalty under section 4071 of ERISA of up to $1,100 a day for each day...


formal challenge to termination (1) Notice of formal challenge. (i) If the PBGC is advised, before its review period under Sec. 4041.26(a) ends, or before issuance of a...


benefits are determined under the plan's provisions in effect on the plan's termination date. Notwithstanding the preceding sentence, an amendment that is adopted after...


A standard termination is valid if the plan administrator-- (1) Issues a notice of intent to terminate to all affected parties (other than the PBGC) in...


plan administrator may distribute plan assets in connection with the termination of the plan only in accordance with the provisions of this part. From the first day the...


least 60 days and no more than 90 days before the proposed termination date, the plan administrator must issue a notice of intent to terminate to each person (other than the...


no later than the time the plan administrator files the standard termination notice with the PBGC, issue a notice of plan benefits to each person (other than the PBGC and...


file with the PBGC a [[Page 802]] standard termination notice, consisting of the PBGC Form 500, completed in accordance with the instructions thereto, on...


PBGC will notify the plan administrator in writing of the date on which it received a complete standard termination notice at the address provided in the PBGC's...


plan administrator must provide notices in accordance with this section to each affected party entitled to plan benefits other than an affected party whose plan benefits will...


noncompliance is issued under Sec. 4041.31(a), the plan administrator must complete the distribution of plan assets in satisfaction of plan benefits (through priority...


date for any affected party, the plan administrator must file with the PBGC a post-distribution certification consisting of the PBGC Form 501, completed in...


a deadline for taking action under this subpart to a later date. The PBGC will grant such an extension where it finds compelling reasons why it is not...


In general. Except as provided in paragraphs (a)(2) and (c) of this section, the PBGC will issue a notice of noncompliance within the 60-day (or extended) time...


plan may be terminated in a distress termination only if-- (1) The plan administrator issues a notice of intent to terminate to each affected party in accordance with...


the extent specifically prohibited by this section, during the pendency of termination proceedings the plan administrator must continue to carry out the normal operations of...


(except with PBGC approval) no more than 90 days before the proposed termination date, the plan administrator must issue a written notice of intent to terminate to each person...


intent to terminate is filed with it, the PBGC-- (1) Will determine whether the notice was issued in compliance with Sec. 4041.43; and (2) Will advise the...


with the PBGC a PBGC Form 601, Distress Termination Notice, Single-Employer Plan Termination, with Schedule EA-D, Distress Termination Enrolled Actuary Certification, that...


(a) General. Based on the information contained and submitted with the PBGC Form 600 and the PBGC Form 601, with Schedule EA-D, and on any information submitted by an affected...


participant and benefit information filed pursuant to Sec. 4041.45 (b)(1) or (c), the PBGC will determine the degree to which the plan is sufficient and notify the...


a distribution notice is issued by the PBGC pursuant to Sec. 4041.47, the plan administrator must issue notices of benefit distribution in accordance with the rules...


plan assets pursuant to a closeout under Sec. 4041.50, the plan administrator must verify whether the plan's assets are still sufficient to provide for benefits at...


PBGC pursuant to Sec. 4041.47 and neither the plan administrator nor the PBGC makes the finding described in Sec. 4041.49(b) or (d), the plan administrator must distribute...


PBGC of the termination of a multiemployer plan and rules for the administration of multiemployer plans that have terminated by mass withdrawal. Subpart B prescribes...


insurer, IRS, mass withdrawal, multiemployer plan, nonforfeitable benefit, PBGC, plan, and plan year. In addition, for purposes of this part: Available...


be filed with the PBGC under this part shall be deemed filed on the date of the postmark stamped on the cover in which the notice, document, or information is...


the PBGC by a multiemployer plan when the plan has terminated as described in section 4041A(a) of ERISA. (b) Who shall file. The plan sponsor or a duly...


provided in paragraph (d), each Notice shall contain: [[Page 816]] (1) The name of the plan; (2) The name, address and telephone number of the...


withdrawal shall continue to administer the plan in accordance with applicable statutory provisions, regulations, and plan provisions until a trustee is appointed under...


pay any benefit attributable to employer contributions, other than a death benefit, only in the form of an annuity. (b) The plan sponsor may pay a benefit in a form...


accordance with subpart D of this part, or until the end of the plan year as of which the PBGC determines that plan assets (exclusive of claims for withdrawal liability)...


after the end of the plan year, the plan sponsor shall determine or cause to be determined in writing the value of nonforfeitable benefits under the plan and the value of...


plan sponsor of a plan that has been amended to eliminate all benefits that are subject to reduction under section 4281(c) of ERISA shall determine in writing whether the...


4245(b)(2) of ERISA that is below the level of guaranteed benefits or that determines that the plan will be unable to pay guaranteed benefits for any month during...


the plan sponsor, the PBGC may authorize the plan to pay benefits other than nonforfeitable benefits or to pay benefits valued at more than $1,750 in a form other than an annuity....


withdrawal liability, are sufficient to satisfy all obligations for nonforfeitable benefits provided under the plan, the plan sponsor may close out the plan in accordance...


an insurer contracts to provide all benefits required by Sec. 4041A.43 to be provided in annuity form and by paying in a lump sum (or other alternative elected by...


section, the sponsor of a plan that is closed out shall provide for the payment of any benefit attributable to employer contributions only in the form of an annuity. ...


initial withdrawal liability and mass withdrawal liability shall cease on the date on which the plan's assets are distributed in full satisfaction of all...


notifying the PBGC of a reportable event under section 4043 of ERISA or of a failure to make certain required contributions under section 302(f)(4) of ERISA or...


of this chapter: Code, contributing sponsor, controlled group, ERISA, fair market value, irrevocable commitment, multiemployer plan, notice of intent to terminate, PBGC,...


person that is required to file a notice under this part, or a duly authorized representative, shall submit the information required by this part by the time specified...


events, waivers from reporting and information requirements and extensions of time are provided in subparts B and C of this part. If an occurrence constitutes two or...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4043.5] [Page 822] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4043--REPORTABLE EVENTS AND CERTAIN OTHER NOTIFICATION REQUIREMENTS--Table of Contents Subpart A--General Provisions Sec. 4043.5 How and where to file. Requests and information shall be filed in accordance with the instructions to the applicable PBGC reporting form. ...


subpart B of this part is considered filed-- (1) On the date of the United States postmark stamped on the cover in which the information is mailed, if-- (i)...


of the event from which the period of time begins to run shall not be included. The last day so computed shall be included, unless it is a weekend or Federal holiday, in...


Sec. 4901.21(a)(3) of this chapter, any information or documentary material that is not publicly available and is submitted to the PBGC pursuant to this part shall not be...


each contributing sponsor of a plan for which a reportable event under this subpart has occurred are required to notify the PBGC within 30 days after that person knows...


(a) Reportable event. A reportable event occurs when the Secretary of the Treasury issues notice that a plan has ceased to be a plan described in section 4021(a)(2) of ERISA, or when...


A reportable event occurs when an amendment to a plan is adopted under which the retirement benefit payable from employer contributions with respect to any participant...


A reportable event occurs when the number of active participants under a plan is reduced to less than 80 percent of the number of active participants at the beginning of the...


A reportable event occurs when the Secretary of the Treasury determines that there has been a termination or partial termination of a plan within the meaning of...


(a) Reportable event. A reportable event occurs when a required installment or a payment required under section 302 of ERISA or section 412 of the Code (including a payment required...


A reportable event occurs when a plan is currently unable or projected to be unable to pay benefits. (1) Current inability. A plan is currently unable to pay benefits...


event. A reportable event occurs for a plan when-- (1) There is a distribution to a substantial owner of a contributing sponsor of the plan; (2) The total of...


event. A reportable event occurs when a plan merges, consolidates, or transfers its assets or liabilities under section 208 of ERISA or section 414(1) of the Code. ...


(a) Reportable event. A reportable event occurs for a plan when there is a transaction that results, or will result, in one or more persons ceasing to be members of the...


occurs for a plan when a member of the plan's controlled group-- (1) Is involved in any transaction to implement its complete liquidation (including liquidation...


(a) Reportable event. A reportable event occurs for a plan when any member of the plan's controlled group declares a dividend (as defined in paragraph (e)(3) of this section) or...


In general. A reportable event occurs for a plan when-- (i) The plan or any other plan maintained by a person in the plan's controlled group makes a transfer...


A reportable event for a plan occurs when an application for a minimum funding waiver for the plan is submitted under section 303 of ERISA or section 412(d) of...


occurs for a plan whenever there is a default by a member of the plan's controlled group with respect to a loan with an outstanding balance of $10 million or...


A reportable event occurs for a plan when any member of the plan's controlled group-- (1) Commences a bankruptcy case (under the Bankruptcy Code), or has a...


general. Unless a waiver or extension applies with respect to the plan, each contributing sponsor of a plan for which a reportable event under this subpart is going to occur...


(a) Reportable event and information required. Advance notice is required for a change in a plan's contributing sponsor or controlled group, as described in Sec. 4043.29(a), and...


Advance notice is required for a liquidation of a member of a plan's controlled group, as described in Sec. 4043.30(a), and the notice shall include the...


event and information required. Advance notice is required for a distribution by a member of a plan's controlled group that would be described in Sec. 4043.31(a) if both...


and information required. Advance notice is required for a transfer of benefit liabilities, as described in Sec. 4043.32(a) (determined without regard to Sec. 4043.32(d)),...


and information required. Advance notice is required for an application for a minimum funding waiver, as described in Sec. 4043.33(a), and the notice shall include...


Advance notice is required for a loan default, as described in Sec. 4043.34(a) (or that would be so described if ``10 days'' were substituted for ``30 days'' in...


and information required. Advance notice is required for a bankruptcy or similar settlement, as described in Sec. 4043.35(a), and the notice shall include the information...


information. (a) General rules. To comply with the notification requirement in section 302(f)(4) of ERISA and section 412(n)(4) of the Code,...


This part implements section 4044 of ERISA, which contains rules for allocating a plan's assets when the plan terminates. These rules have been in effect since September 2,...


annuity, basic-type benefit, Code, distribution date, ERISA, fair market value, guaranteed benefit, insurer, IRS, irrevocable commitment, mandatory employee...


the plan administrator shall allocate the plan assets available to pay for benefits under the plan in the manner prescribed by this subpart. Plan assets available to...


allocated or distributed upon plan termination in a manner other than that prescribed in section 4044 of ERISA and this subpart, except as may be required to...


assets available to pay for benefits under the plan using [[Page 838]] the rules and procedures set forth in paragraphs (b) through (f) of this section, or...


1 are participants' accrued benefits derived from voluntary employee contributions. (b) Assigning benefits. Absent an election described in the next sentence,...


2 are participants' accrued benefits derived from mandatory employee contributions, whether to be paid as an annuity benefit with a pre- retirement death benefit...


3 are those annuity benefits that were in pay status before the beginning of the 3- year period ending on the termination date, and those annuity benefits that could...


with respect to each participant are the participant's basic-type benefits that do not exceed the guarantee limits set forth in subpart B of part 4022 of this chapter, except...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4044.15] [Page 842] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4044--ALLOCATION OF ASSETS IN SINGLE-EMPLOYER PLANS--Table of Contents Subpart A--Allocation of Assets Sec. 4044.15 Priority category 5 benefits. The benefits assigned to priority category 5 with respect to each participant are all of the participant's nonforfeitable benefits under the plan. ...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4044.16] [Page 842] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4044--ALLOCATION OF ASSETS IN SINGLE-EMPLOYER PLANS--Table of Contents Subpart A--Allocation of Assets Sec. 4044.16 Priority category 6 benefits. The benefits assigned to priority category 6 with respect to each participant are all of the participant's benefits under the plan, whether forfeitable or nonforfeitable. [[Page 843]] ...


any priority category, other than priority categories 1 and 2, which subclasses will govern the allocation of assets within that priority category. The subclasses may...


(a) Valuation of benefits--(1) Trusteed plans. The plan administrator of a plan that has been or will be placed into trusteeship by the PBGC shall value plan...


determine the form of each benefit to be valued in accordance with the following rules: (1) If a benefit is in pay status as of the valuation date, the...


of the valuation date by-- (a) Using the mortality assumptions prescribed by Sec. 4044.53 and the interest assumptions prescribed in appendix B to this part; ...


of this section (regarding certain death benefits), the plan administrator shall use the mortality factors prescribed in paragraphs (c), (d), and (e) of this section to...


as provided in Sec. 4044.57, the plan administrator shall determine the XRA under this section when plan provisions or established plan practice require a participant...


Except as provided in Sec. 4044.57, the plan administrator shall determine the XRA under this section when plan provisions or established plan practice do not require...


determine the XRA under this section, rather than Sec. 4044.55 or Sec. 4044.56, when both the conditions set forth in paragraphs (a)(1) and (a)(2) of this...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4044.71] [Page 845] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4044--ALLOCATION OF ASSETS IN SINGLE-EMPLOYER PLANS--Table of Contents Subpart B--Valuation of Benefits and Assets Sec. 4044.71 Valuation of annuity benefits. The value of a benefit which is to be paid as an annuity is the cost of purchasing the annuity on the date of distribution from an insurer under the qualifying bid. [[Page 846]] ...


are alive on the date of distribution, the form of annuity to be valued is-- (1) For a participant or beneficiary already receiving a monthly benefit, that form which...


(a) Valuation. (1) The value of the lump sum or other alternative form of distribution is the present value of the normal form of benefit provided by the plan payable...


to receive monthly benefit payments on the date of distribution, the value of the lump sum which returns mandatory employee contributions is equal to the total amount...


to receive monthly benefit payments on the date of distribution, the value of the lump sum which returns mandatory employee contributions is equal to the total amount...
...


issued pursuant to section 4047. This part (along with Treasury regulation 26 CFR 1.412(c)(1)-3) describes certain legal obligations that arise incidental to a...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4047.2] [Page 854] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4047--RESTORATION OF TERMINATING AND TERMINATED PLANS--Table of Contents Sec. 4047.2 Definitions. The following terms are defined in Sec. 4001.2 of this chapter: controlled group, ERISA, IRS, PBGC, plan, plan administrator, plan year, and single-employer plan. [[Page 855]] ...


shall issue to the plan sponsor a restoration payment schedule order in accordance with the rules of this section. PBGC, through its Executive Director, shall also issue...


to ERISA section 4007 is reinstated as of the date on which the plan was trusteed under section 4042 of ERISA. Except as otherwise specifically provided in paragraphs (b)...


by the PBGC from its single-employer insurance fund (the [[Page 856]] fund established pursuant to ERISA section 4005(a)) to pay guaranteed benefits...


not located when distributing benefits under Sec. 4041.28 of this chapter. This part applies to a plan if the plan's deemed distribution date (or the date of a payment made...


normal retirement age, PBGC, person, plan, plan administrator, plan year and title IV benefit. In addition, for purposes of this part: Deemed...


(a) Purchasing from an insurer an irrevocable commitment that satisfies the requirements of Sec. 4041.28(c) or Sec. 4041.50 of this chapter (whichever is applicable); or ...


submitted to the PBGC pursuant to Sec. 4050.6. (b) Diligence. A search is a diligent search only if the search -- (1) Begins not more than 6 months before notices of...


(a)(3), or (a)(4) of this section (whichever is applicable) or, if less, the maximum amount that could be provided under the plan to the missing participant...


the plan administrator and the plan's enrolled actuary) specified in the missing participant forms and instructions, by the time the post- distribution certification...


commitment from an insurer, and the missing participant (or his or her beneficiary or estate) later contacts the PBGC, the PBGC will inform the person of the identity...


Sec. 4050.5(a)(2) (de minimis lump sum). (a) General rule. (1) Benefit paid. The PBGC will pay a single sum benefit equal to the designated benefit plus interest at...


(no lump sum) or Sec. 4050.5(a)(4) (elective lump sum) and who is living on the date as of which the PBGC begins paying benefits. (a) Missing participant whose...


benefit was determined under Sec. 4050.5(a)(3) (no lump sum) or Sec. 4050.5(a)(4) (elective lump sum) and whose benefit is not payable under Sec....


based on the benefits of deceased missing participants. (b) Limitation on benefit value. The total actuarial present value of all benefits paid with respect to...


a missing participant within 30 days after the PBGC receives the missing participant's designated benefit, the PBGC may in its discretion return the...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4061.1] [Page 866] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4061--AMOUNTS PAYABLE BY THE PENSION BENEFIT GUARANTY CORPORATION--Table of Contents Sec. 4061.1 Cross-references. See part 4022 of this chapter regarding benefits payable under terminated single-employer plans and Sec. 4281.47 of this chapter regarding financial assistance to pay benefits under insolvent multiemployer plans. ...


4062(b) of ERISA, upon termination of any single-employer plan and, to the extent appropriate, determination of the liability incurred with respect to multiple...


group, ERISA, fair market value, guaranteed benefit, multiple employer plan, notice of intent to terminate, PBGC, person, plan, plan administrator, proposed...


of this section, the amount of section 4062(b) liability is the total amount (as of the termination date) of the unfunded benefit liabilities (within the meaning of...


controlled group, notifies and submits information to the PBGC in accordance with Sec. 4062.6, the PBGC shall determine the net worth, as of the net worth record date,...


section, the net worth record date, for all purposes under this part, is the plan's termination date. (b) Establishment of an earlier net worth record date. At any time...


that believes section 4062(b) liability exceeds 30 percent of the collective net worth of persons subject to liability in connection with a plan termination shall-- ...


pursuant to Sec. 4062.8, the amount of liability under this part includes interest, from the termination date, on any unpaid portion of the liability. Such interest accrues...


any portion of liability to the PBGC only when-- (1) As provided in paragraph (b) of this section, the PBGC determines that such action is necessary to avoid...


considered filed on the date of the United States postmark stamped on the cover in which the document is mailed, provided that-- (1) The postmark was made by the United...


default from which the designated period of time begins to run is not counted. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or...


under section 4062(b) of ERISA, upon termination of any single-employer plan and, to the extent appropriate, determination of the liability incurred with respect...


payment of the liability incurred under section 4062(b) of ERISA, upon termination of any single-employer plan and, to the extent appropriate, determination of the liability...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4065.1] [Page 872] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4065--ANNUAL REPORT--Table of Contents Sec. 4065.1 Purpose and scope. The purpose of this part is to specify the form and content of the Annual Report required by section 4065 of ERISA. This part applies to all plans covered by title IV of ERISA. ...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4065.2] [Page 872] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4065--ANNUAL REPORT--Table of Contents Sec. 4065.2 Definitions. The following terms are defined in Sec. 4001.2 of this chapter: ERISA, IRS, PBGC, and plan. ...


shall file the Annual Report on IRS/DOL/PBGC Form 5500, 5500-C, 5500-K or 5500-R, as appropriate, in accordance with the instructions therein. (Approved by...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4067.1] [Page 873] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4067--RECOVERY OF LIABILITY FOR PLAN TERMINATIONS--Table of Contents Sec. 4067.1 Cross-reference. Section 4062.8 of this chapter contains rules on deferred payment and other arrangements for satisfaction of liability to the PBGC after termination of single-employer plans. ...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4068.1] [Page 873] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4068--LIEN FOR LIABILITY--Table of Contents Sec. 4068.1 Purpose; cross-references. This part contains rules regarding the PBGC's lien under section 4068 of ERISA with respect to liability arising under section 4062, 4063, or 4064 of ERISA. ...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4068.2] [Page 873] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4068--LIEN FOR LIABILITY--Table of Contents Sec. 4068.2 Definitions. The following terms are defined in Sec. 4001.2 of this chapter: ERISA, PBGC, person, plan, and termination date. Collective net worth of persons subject to liability in connection with a plan termination has the meaning in Sec. 4062.2. ...


of the liability under part 4062 and whether or not the liability has already been paid, the PBGC shall notify liable person(s) in writing of the amount of the liability....


specified in the demand letter issued under Sec. 4068.3, the PBGC shall have a lien in the amount of the liability, including interest, arising as of...


the PBGC under ERISA section 4071 for certain failures to provide notices or other material information, as such amount has been adjusted to account for inflation pursuant to...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4071.2] [Page 874] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4071--PENALTIES FOR FAILURE TO PROVIDE CERTAIN NOTICES OR OTHER MATERIAL INFORMATION--Table of Contents Sec. 4071.2 Definitions. The following terms are defined in Sec. 4001.2 of this chapter: ERISA and PBGC. ...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4071.3] [Page 874] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4071--PENALTIES FOR FAILURE TO PROVIDE CERTAIN NOTICES OR OTHER MATERIAL INFORMATION--Table of Contents Sec. 4071.3 Penalty amount. The maximum daily amount of the penalty under section 4071 of ERISA shall be $1,100. [[Page 875]] ...


4203(f) and 4208(e)(3) of ERISA, request the PBGC to approve a plan amendment which establishes special complete or partial withdrawal liability rules. (b) Scope....


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4203.2] [Page 875] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4203--EXTENSION OF SPECIAL WITHDRAWAL LIABILITY RULES--Table of Contents Sec. 4203.2 Definitions. The following terms are defined in Sec. 4001.2 of this chapter: complete withdrawal, employer, ERISA, multiemployer plan, PBGC, person, plan, plan sponsor, and plan year. ...


special complete or partial withdrawal liability rules. A complete withdrawal liability rule adopted pursuant to this part shall be similar to the rules for the construction...


which establishes special complete or partial withdrawal liability rules. The request for approval shall be filed after the amendment is adopted. PBGC approval shall also...


partial withdrawal liability rules upon a determination by the PBGC that the plan amendment-- (1) Will apply only to an industry that has characteristics that would make use...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4203.6] [Page 876] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4203--EXTENSION OF SPECIAL WITHDRAWAL LIABILITY RULES--Table of Contents Sec. 4203.6 OMB control number. The collections of information contained in this part have been approved by the Office of Management and Budget under OMB control number 1212-0050. ...


under a multiemployer plan, or ceases to have an obligation to contribute for such operations, because of a bona fide, arm's-length sale of assets to an...


IRS, multiemployer plan, PBGC, person, plan, plan administrator, plan sponsor, and plan year. In addition, for purposes of this part: Date of determination means...


A purchaser's bond or escrow under section 4204(a)(1)(B) of ERISA and the sale-contract provision under section 4204(a)(1)(C) are not required if the parties to the sale inform...


bond or escrow does not exceed the lesser of $250,000 or two percent of the average total annual contributions made by all employers to the plan, for the purposes of...


section are that either-- (1) Net income test. The purchaser's average net income after taxes for its three most recent fiscal years ending before the date of determination...


transaction covered by this part does not satisfy the conditions set forth in subpart B of this part, or if the parties decline to provide to the plan privileged or confidential...


a variance or exemption if PBGC determines that approval of the request is warranted, in that it-- (1) Would more effectively or equitably carry out the purposes...


of ERISA, for adjusting the partial or complete withdrawal liability of an employer that previously partially withdrew from the same multiemployer plan. Section 4206(b)(1)...


PBGC, plan, and plan year. In addition, for purposes of this part: Complete withdrawal means a complete withdrawal as described in section 4203 of ERISA. ...


a partial withdrawal from a plan partially or completely withdraws from that plan in a subsequent plan year, it shall receive a credit against the new withdrawal...


method described in section 4211(b) of ERISA, the credit shall equal the sum of the unamortized old liabilities determined under paragraph (b) of this section, multiplied...


presumptive method described in section 4211(c)(2) of ERISA, the credit shall equal the sum of the unamortized old liabilities determined under paragraph (b) of this...


in section 4211(c)(3) of ERISA, the credit shall equal the amount of the liability assessed for the prior partial withdrawal, reduced as if that amount was being...


method described in section 4211(c)(4) of ERISA, the credit shall equal the amount of the liability assessed for the prior partial withdrawal, reduced as if that amount...


an employer's withdrawal liability for a prior partial withdrawal has been reduced or waived, the credit determined pursuant to Secs. 4206.4 through 4206.7 shall be adjusted...


of allocating unfunded vested benefits pursuant to section 4211(c)(5) of ERISA and part 4211 of this [[Page 883]] chapter shall adopt, by plan amendment, a...


through 4206.9 in any case in which either the prior or subsequent partial withdrawal resulted from a 70-percent contribution decline (or a 35- percent decline in the case...


waiving the withdrawal liability of certain employers that have completely withdrawn from a multiemployer plan and subsequently resume covered operations under the...


nonforfeitable benefit, PBGC, plan, and plan year. In addition, for purposes of this part: Complete withdrawal means a complete withdrawal as described...


plan, it may apply to the plan for abatement of its complete withdrawal liability. Applications shall be filed by the date of the first scheduled withdrawal liability...


from a multiemployer plan and subsequently reenters the plan may, in lieu of making withdrawal liability payments due after its reentry, provide a bond to, or establish...


other combinations), an eligible employer that completely withdraws from a multiemployer plan and subsequently reenters the plan shall have its liability for that...


an eligible employer whose liability is abated under this part upon the employer's reentry into the plan or at any time thereafter, the plan sponsor shall apply the rules in section...


an eligible employer that has had its liability for a complete withdrawal abated under this part completely withdraws from the plan, the employer's liability for that...


abated under this part partially withdraws from the plan, the employer's liability for that subsequent partial withdrawal shall be determined in accordance with the...


apply, in accordance with the rules in this paragraph, with respect to an eligible employer that completely withdraws from a multiemployer plan after September 25, 1980, and...


the reduction or waiver of complete withdrawal liability under conditions other than those specified in Secs. 4207.5 and 4207.9 (c) and (d), provided that such conditions...


that have partially withdrawn from a multiemployer pension plan. (b) Scope. This part applies to multiemployer pension plans covered under title IV of ERISA and...


PBGC, plan, and plan year. In addition, for purposes of this part: Complete withdrawal means a complete withdrawal as described in section 4203 of ERISA. ...


in Sec. 4208.4 for the reduction or waiver of its partial withdrawal liability, it may apply to the plan for abatement of its partial withdrawal liability....


withdrawal under section 4205(a)(1) of ERISA shall have no obligation to make payments with respect to that partial withdrawal (other than delinquent payments) for plan...


Sec. 4208.4(a)(1) without regard to ``90 percent of'' or Sec. 4208.4(b) for one year with respect to all partial withdrawals it incurred in a plan year may, in lieu...


requirements of Sec. 4208.4 (c)(1) or (c)(2) shall have its annual partial withdrawal liability payment for that plan year reduced in accordance with paragraph (a)(1) or (a)(2)...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4208.7] [Page 897] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4208--REDUCTION OR WAIVER OF PARTIAL WITHDRAWAL LIABILITY--Table of Contents Sec. 4208.7 Adjustment of withdrawal liability for subsequent withdrawals. The liability of an employer for a partial or complete withdrawal from a plan subsequent to a partial withdrawal from that plan in a prior plan year shall be reduced in accordance with part 4206 of this chapter. ...


on two or more occasions during the same plan year, the rules of Sec. 4208.4 shall be applied as modified by this section. (b) Partial withdrawals under section 4205...


PBGC, adopt rules for the reduction or waiver of partial withdrawal liability under conditions other than those specified in Sec. 4208.4, provided that such conditions relate to...


methods for allocating unfunded vested benefits to employers that withdraw from a multiemployer plan: the presumptive method (section 4211(b)); the modified...


Code, employer, IRS, multiemployer plan, nonforfeitable benefit, PBGC, plan, and plan year. In addition, for purposes of this part: Initial plan year means...


(a) Construction plans. Except as provided in Secs. 4211.11(b) and 4211.21(b), a plan that primarily covers employees in the building and construction industry shall use...


rule. A plan, other than a plan that primarily covers employees in the building and construction industry, may adopt, by amendment, any of the statutory allocation methods and...


methods. (a) ``Contributions made'' and ``total amount contributed''. Each of the allocation fractions used in the presumptive, modified presumptive and...


(a) Error in direct attribution method. The unfunded vested benefits allocated to a withdrawing employer under the direct attribution method are the sum of the employer's...


Subject to the approval of the PBGC pursuant to this subpart, a plan, other than a plan that primarily covers employees in the building and construction industry, may adopt,...


a request for approval of an alternative allocation method or modification to an allocation method to the PBGC in accordance with the requirements of this section as soon...


shall approve an alternative allocation method or modification to an allocation method if the PBGC determines that adoption of the method or modification would not...


A plan may not apply to any employer withdrawing on or after November 25, 1987, an allocation method approved by the PBGC before that date that allocates to the...


of plans. (a) General rule. Except as provided in paragraphs (b) through (d) of this section, when two or more multiemployer plans merge, the merged plan...


year. (a) General rule. Under this section, the amount of unfunded vested benefits allocable to an employer that withdraws from a merged plan after the initial...


plan year. (a) General rule. Under this section, the amount of unfunded vested benefits allocable to an employer that withdraws from a merged plan after the...


year. (a) General rule. Under this section, the amount of unfunded vested benefits allocable to an employer that withdraws from a merged plan after the initial plan...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4211.35] [Page 908] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4211--ALLOCATING UNFUNDED VESTED BENEFITS TO WITHDRAWING EMPLOYERS--Table of Contents Subpart D--Allocation Methods for Merged Multiemployer Plans Sec. 4211.35 Direct attribution method for withdrawals after the initial plan year. The allocation method under this section is the allocation method described in section 4211(c)(4) of ERISA. ...


amortization of initial liabilities, and the allocation fraction. (a) General rule. A plan using any of the allocation methods described in Secs. 4211.32 through...


the end of the initial plan year. If an employer withdraws after the effective date of a merger and before the end of the initial plan year,...


describes the purpose and scope of the provisions in this part and defined terms used in this part. (b) Subpart B--(1) Purpose. When a multiemployer plan terminates by...


this chapter: employer, ERISA, IRS, mass withdrawal, multiemployer plan, nonforfeitable benefit, PBGC, plan, and plan year. (b) For purposes of this part: ...


(a) Initial withdrawal liability. The plan sponsor of a multiemployer plan that experiences a mass withdrawal shall determine initial withdrawal liability pursuant...


(a) Liability for de minimis amounts. An employer shall be liable for de minimis amounts to the extent provided in section 4219(c)(1)(D) of ERISA if the employer's...


An employer that is liable for de minimis amounts shall be liable to the plan for the amount by which the employer's allocable share of unfunded vested benefits for the...


An employer that is liable for 20-year-limitation amounts shall be liable to the plan for an amount equal to the present value of all initial withdrawal...


(a) General rule. In accordance with the rules in this section, the plan sponsor shall determine the amount of unfunded vested benefits to be reallocated and shall...


of mass withdrawal. Within 30 days after the mass withdrawal valuation date, the plan sponsor shall give written notice of the occurrence of a mass withdrawal to each employer...


The plan sponsor shall file with PBGC a notice that a mass withdrawal has occurred and separate certifications that determinations of redetermination liability...


employers withdraw. (a) General rule. An employer that withdraws in a plan year in which substantially all employers withdraw from the plan shall be liable to...


requirements contained in Secs. 4219.16, 4219.17, and 4219.18 have been approved by the Office of Management and Budget under control...


(a) Overdue withdrawal liability payment. Except as otherwise provided in rules adopted by the plan in accordance with Sec. 4219.33, a withdrawal...


(a) Interest assessed. The plan sponsor of a multiemployer plan-- (1) Shall assess interest on overdue withdrawal liability payments from the due date,...


Plans may adopt rules relating to overdue and defaulted withdrawal liability, provided that those rules are consistent with ERISA. These rules may...


amendment under section 4220 of ERISA. This part applies to all multiemployer plans covered by title IV of ERISA that adopt amendments pursuant to the authorization of...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4220.2] [Page 919] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4220--PROCEDURES FOR PBGC APPROVAL OF PLAN AMENDMENTS--Table of Contents Sec. 4220.2 Definitions. The following terms are defined in Sec. 4001.2 of this chapter: employer, ERISA, IRS, multiemployer plan, PBGC, plan, and plan sponsor. ...


this section shall constitute notice to the PBGC for purposes of the 90-day period specified in section 4220 of ERISA. A request is deemed filed on the date on which a...


of commencement of the 90-day period specified in section 4220 of ERISA. Except as provided in paragraph (c) of this section, the PBGC shall approve or disapprove a...


of ERISA, of withdrawal liability disputes arising under sections 4201 through 4219 and 4225 of ERISA. (b) Scope. This part applies to arbitration proceedings...


In addition, for purposes of this part: Arbitrator means an individual or panel of individuals selected according to this part to decide a dispute concerning...


limits described in section 4221(a)(1) of ERISA. (b) Waiver or extension of time limits. Arbitration shall be initiated in accordance with this section, notwithstanding...


days after the arbitration is initiated, or within such other period as is mutually agreed after the initiation of arbitration, and shall mail to the designated arbitrator a notice...


the arbitration hearing under Sec. 4221.6 in the same manner, and shall possess the same powers, as an arbitrator conducting a proceeding under title 9 of the United...


the parties and the arbitrator shall, no later than 15 days after the written acceptance by the arbitrator is mailed to the parties, establish a date and place for...


the motion of the arbitrator or at the request of any party, for the purpose of taking further evidence or rehearing or rearguing any matter, if the arbitrator...


fact and conclusions of law (which need not be explicitly designated as such) as are necessary to resolve the dispute; (2) Adjusts (or provides a method for adjusting)...


arbitrator's award by filing a written motion with the arbitrator and all opposing parties within 20 days after the award is rendered. Opposing parties may file objections...


dispute shall bear the costs of its own witnesses. (b) Other costs of arbitration. Except as provided in Sec. 4221.6(d) with respect to a transcript of the hearing, the...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4221.11] [Page 925] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4221--ARBITRATION OF DISPUTES IN MULTIEMPLOYER PLANS--Table of Contents Sec. 4221.11 Waiver of rules. Any party that fails to object in writing in a timely manner to any deviation from any provision of this part is deemed to have waived the right to interpose that objection thereafter. ...


following the day that a communication is received or an act is completed. If the last day of the period is a Federal, State, or local holiday or a non-business day for one of...


(1) The date of the receipt provided to the sender by the United States Postal Service, if the document was sent by certified or registered mail, postage prepaid,...


this part, an arbitration may be conducted in accordance with an alternative arbitration procedure approved by the PBGC in accordance with paragraph (c) of this section. A plan may...


transfers of assets or liabilities among multiemployer pension plans. This part also interprets the other requirements of section 4231 and prescribes special rules for...


PBGC, plan, plan year, and PN. In addition, for purposes of this part: Actuarial valuation means a valuation of assets and liabilities performed by...


or more multiemployer plans or transfer assets or liabilities to or from another multiemployer plan unless the merger or transfer satisfies all of the...


benefit may be lower immediately after the effective date of the merger or transfer than the benefit immediately before the merger or transfer. A plan that assumes...


only because the merger or transfer involves a plan that has terminated by mass withdrawal under section 4041A(a)(2) of ERISA, the actuarial valuation requirement...


4231(b)(3) of ERISA and Sec. 4231.3(a)(3)(i) is satisfied if-- (1) The expected fair market value of plan assets immediately after the merger or transfer equals or...


the plan solvency requirement in Sec. 4231.6(a) may be made without regard to any other de minimis mergers or transfers that have occurred since the last...


or transfer must be filed not less than 120 days before the effective date of the transaction. For purposes of this part, the effective date of a merger or transfer is...


the duly authorized representative(s) acting on behalf of the plan sponsor(s), may file a request for a determination that the transaction complies with the requirements of section...


recent actuarial valuation as of the date of filing the notice, updated to show any material changes. (b) Assumptions. All calculations required by this part must be...


(b) Scope. This part applies to multiemployer plans in reorganization covered by title IV of ERISA, other than plans that have terminated by mass withdrawal...


and plan year. In addition, for purposes of this part: Actuarial valuation means a report submitted to the plan in connection with a valuation of plan assets...


(d)(2) of ERISA that the plan's available resources are or may be insufficient to pay benefits when due for a plan year shall so notify the PBGC and the interested parties,...


information set forth below: (1) The name of the plan. (2) The name, address and telephone number of the plan sponsor and of the plan sponsor's duly...


notify the PBGC and the interested parties, as defined in Sec. 4245.3(d), of the level of benefits expected to be paid during the year (the ``insolvency benefit...


Sec. 4245.5(a) shall contain the information set forth below, except as provided in the next sentence. The information required in paragraphs (a)(7) to (a)(10) need be...


Guaranty Corporation, 1200 K Street NW., Washington, DC 20005-4026. (Approved by the Office of Management and Budget under control...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4261.1] [Page 937] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4261--FINANCIAL ASSISTANCE TO MULTIEMPLOYER PLANS--Table of Contents Sec. 4261.1 Cross-reference. See Sec. 4281.47 for procedures for applying to the PBGC for financial assistance under section 4261 of ERISA. ...


terminates by mass withdrawal under section 4041A(a)(2) of ERISA, the plan's assets and benefits must be valued annually under section 4281(b) of ERISA, and plan benefits...


employer, ERISA, fair market value, IRS, insurer, irrevocable commitment, mass withdrawal, multiemployer plan, nonforfeitable benefit, normal retirement age,...


required to be filed with the PBGC under this part shall be considered filed on the date of the United States postmark stamped on the cover in which the document...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4281.4] [Page 939] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4281--DUTIES OF PLAN SPONSOR FOLLOWING MASS WITHDRAWAL--Table of Contents Subpart A--General Provisions Sec. 4281.4 Collection of information. The collection of information requirements contained in this part have been approved by the Office of Management and Budget under control number 1212-0032. ...


The valuation dates for the annual valuation required under section 4281(b) of ERISA shall be the last day of the plan year in which the plan terminates...


determine the form of each benefit to be valued, without regard to the form of benefit valued in any prior year, in accordance with the following rules: (1) If a...


in Sec. 4281.16 (regarding plans that are closing out), the plan sponsor shall value benefits as of the valuation date by-- (a) Using the interest assumptions...


(b) of this section (regarding certain death benefits), the plan administrator shall use the mortality factors prescribed in paragraphs (c), (d), and (e) of this section...


purposes of the annual valuation required by section 4281(b) of ERISA, the plan sponsor shall value the plan's benefits in accordance with paragraph (b) of this...


sponsor shall value plan assets as of the valuation date, using the valuation methods prescribed by this section and Sec. 4281.18 (regarding outstanding claims for...


The plan sponsor shall value an outstanding claim for withdrawal liability owed by an employer described in paragraph (b) of this section in accordance with paragraphs (a)(1)...


amend the plan to eliminate those benefits subject to reduction in excess of the value of benefits that can be provided by plan assets. Such reductions shall be effected...


of a multiemployer plan under which a plan amendment reducing benefits is adopted pursuant to section 4281(c) of ERISA shall so notify the PBGC and plan participants...


has been amended to reduce benefits under this subpart shall amend the plan to restore those benefits before adopting any amendment increasing benefits under the plan. A plan...


or is expected to be insolvent for a plan year, the plan sponsor shall suspend benefits to the extent necessary to reduce the benefits to the greater of the resource...


of a year in which benefits were suspended under Sec. 4281.41, the plan sponsor determines in writing that the plan's available resources in that year could have...


insolvency. A plan sponsor that determines that the plan is, or is expected to be, insolvent for a plan year shall issue notices of insolvency to the PBGC and to...


insolvency to the PBGC. A notice of insolvency required under Sec. 4281.43(a) to be filed with the PBGC shall contain the following information: (1) The name of the plan. ...


insolvency year, the plan sponsor shall issue a notice of insolvency benefit level to the PBGC and to plan participants and beneficiaries in pay status or reasonably expected...


A notice of insolvency benefit level required by Sec. 4281.45(a) to be filed with the PBGC shall contain the information specified in Sec. 4281.44(a)(1) through (a)(5) and...


that the plan's resource benefit level for an insolvency year is below the level of benefits guaranteed by PBGC or that the plan will be unable to pay...


the PBGC under ERISA section 4302 for certain failures to provide multiemployer plan notices, as such amount has been adjusted to account for inflation pursuant to the Federal...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4302.2] [Page 948] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4302--PENALTIES FOR FAILURE TO PROVIDE CERTAIN MULTIEMPLOYER PLAN NOTICES--Table of Contents Sec. 4302.2 Definitions. The following terms are defined in Sec. 4001.2 of this chapter: ERISA, multiemployer plan, and PBGC. ...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4302.3] [Page 948] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4302--PENALTIES FOR FAILURE TO PROVIDE CERTAIN MULTIEMPLOYER PLAN NOTICES--Table of Contents Sec. 4302.3 Penalty amount. The maximum daily amount of the penalty under section 4302 of ERISA shall be $110. [[Page 949]] ...


of the PBGC implementing the Freedom of Information Act. This part sets forth generally the categories of records accessible to the public, the types of records subject...


this chapter, as used in this part-- Agency, person, party, rule, rulemaking, order, and adjudication have the meanings attributed to these terms by the definitions in...


will maintain a public reference room in its offices located at 1200 K Street NW., Washington, DC 20005- 4026, wherein persons may inspect and copy all records made available...


shall make available in its public reference room for inspection and copying without formal request-- (a) Information published in the Federal Register. Copies of...


request of any person submitted in accordance with subpart B of this part, the disclosure officer shall make any document (or portion thereof) from the records of the PBGC in...


A request to inspect or copy any record subject to this subpart shall be submitted in writing to the Disclosure Officer, Communications and Public Affairs Department,...


general. Each request should reasonably describe the record or records sought in sufficient detail to permit identification and location with a reasonable amount of effort. So far...


shall note the date and time of receipt on each request for access to records. A request shall be deemed received and the period within which action on the request shall...


and in any event within 10 working days after receipt of a disclosure request (subject to extension under Sec. 4901.16), the disclosure officer shall take action with...


appeals. If a disclosure request is denied in whole or in part by the disclosure officer, the requester may file a written appeal within 30 days from the date of the denial or,...


described in subparagraph (a)(6)(B) of FOIA), the time to respond to a disclosure request under Sec. 4901.14(a) or an appeal under Sec. 4901.15(b) may be extended as...


If the disclosure officer fails to make a determination to grant or deny access to requested records, or the General Counsel does not make a decision on appeal from a denial of access...


disclosable. Records shall not be disclosed to the extent prohibited by-- (1) 18 U.S.C. 1905, dealing in general with commercial and financial information; ...


contains some material that is protected from disclosure, the record shall not for that reason be withheld from disclosure if deletion of the protected material...


If the release of a record in the custody of the PBGC would be of concern not only to the PBGC but also to another Federal agency, the record will be made available by the PBGC only...


financial information submitted to the PBGC. (a) Application. To the extent permitted by law, this section applies to a request for disclosure of a record that...


the provisions of FOIA, as amended, charges will be assessed to cover the direct costs of searching for, reviewing, and/or duplicating records requested under FOIA from the...


records. Charges applicable under this subpart to the search for and review of records will be made according to the following fee schedule: (1) Search and review time....


fees as provided in this subsection shall be made in cash, by U.S. postal money order, or by check payable to the PBGC. Postage stamps will not be accepted in lieu...


waive or reduce fees otherwise applicable under this subpart when disclosure of the information is in the public interest because it is likely to contribute significantly...


PBGC maintains any system of records that contains a record pertaining to the individual, procedures to effect access to an individual's record upon his or her request,...


Disclosure officer means the designated official in the Communications and Public Affairs Department, PBGC. Record means any item, collection, or grouping of information...


submit a written request, either by mail to the Disclosure Officer, Communications and Public Affairs Department, Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington,...


records under Sec. 4902.3, such records shall be made available when the requester is advised of the determination or as promptly thereafter as possible. At the...


record contained in a system of records may request that the record be amended. Such a request shall be submitted in the same manner described in Sec. 4902.3(a). (b)...


a request for amendment of a record under Sec. 4902.5, unless for good cause shown the Executive Director of the PBGC extends such 20-day period, the disclosure officer...


amendment of a record under Sec. 4902.6 shall be submitted, within 45 days of receipt of the denial, to the General Counsel, Pension Benefit Guaranty Corporation, 1200...


copying shall be made according to the following fee schedule: (a) Standard copying fee. There shall be a charge of $0.15 per page of record copies furnished. Where the...


the system of records entitled ``Personnel Security Investigation Records--PBGC'' from the provisions of 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f), to...


to debt collection generally. (b) Subpart B. Subpart B of this part prescribes procedures for debt collection by administrative offset, as authorized by the Federal...


and subject to requirements prescribed under other federal statutes. When, and to the extent, such requirements apply to collection of a debt by the PBGC, PBGC...


addition, for purposes of this part: Administrative offset has the meaning set forth in 31 U.S.C. 3701(a)(1). Agency means an executive or legislative agency (within...


by administrative offset, whether to accept a repayment agreement in lieu of offset, and how to apply amounts collected by administrative offset on multiple debts...


paragraph (e) of this section, the PBGC will not effect administrative offset against a payment to be made to a debtor prior to the completion of the procedures specified...


its debtor by another agency be administratively offset to collect a debt owed to the PBGC by the debtor. A PBGC request for administrative offset against amounts due and...


(4 CFR 102.3(d)), the PBGC generally will comply with requests from other agencies to initiate administrative offset to collect debts owed to the United States unless...


refund offset in accordance with IRS regulations (26 CFR 301.6402-6 (c) and (d)). The PBGC may refer a past-due, legally enforceable debt to the IRS for offset if: (a)...


complete the procedures specified in paragraph (b) and, if applicable, paragraph (c) of this section. The PBGC may satisfy these requirements in conjunction with any...


designated by the Director) will refer debts to the IRS for refund offset, and will correct referrals, in accordance with IRS regulations (26 CFR 301.6402-6(e)...


professional or other such activities for pay shall obtain clearance: (1) When such activities raise a question of conflict with this subpart or any applicable...


served with compulsory process to appear as a witness or produce documents in a proceeding in which the PBGC is not a party, if such appearance arises out of, or is related...


interrogatory, declaration, or other required written submission. Compulsory process means any subpoena, order, or other demand of a court or other authority...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4905.3] [Page 966] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4905--APPEARANCES IN CERTAIN PROCEEDINGS--Table of Contents Sec. 4905.3 General. No PBGC employee or former employee may appear in any proceeding to which this part applies to testify and/or produce documents or other material unless authorized under this part. ...


proceeding to which this part applies, he or she will promptly notify the General Counsel. (b) The General Counsel or his or her designee will authorize...


28 U.S.C. 1733 and Rule 44 of the Federal Rules of Civil Procedure, for records that are to be disclosed pursuant to this part or part 4901 of this...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4905.6] [Page 967] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4905--APPEARANCES IN CERTAIN PROCEEDINGS--Table of Contents Sec. 4905.6 Penalty. A PBGC employee who testifies or produces documents or other material in violation of a provision of this part of the regulations shall be subject to disciplinary action. PART 4906 [RESERVED] ...


of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, which [[Page 968]] amended section 504 of the Rehabilitation...


[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4907.102] [Page 968] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4907--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE PENSION BENEFIT GUARANTY CORPORATION--Table of Contents Sec. 4907.102 Application. This part applies to all programs or activities conducted by the agency. ...


term-- Assistant Attorney General means the Assistant Attorney General, Civil Rights Division, United States Department of Justice. Auxiliary aids means services...


August 24, 1987, evaluate its current policies and practices, and the effects thereof, that do not or may not meet the requirements of this part, and, to the extent modification...


employees, applicants, participants, beneficiaries, and other interested persons such information regarding the provisions of this part and its applicability to the programs...


(a) No qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to...


shall, on the basis of handicap, be subjected to discrimination in employment under any program or activity conducted by the agency. The definitions, requirements, and...


Except as otherwise provided in Sec. 4907.150, no qualified handicapped person shall, because the agency's facilities are inaccessible to or unusable by handicapped persons,...


(a) General. The agency shall operate each program or activity so that the program or activity, when viewed in its entirety, is readily accessible to and usable by...


Each building or part of a building that is constructed or altered by, on behalf of, or for the use of the agency shall be designed, constructed, or altered so as to...


appropriate steps to ensure effective communication with applicants, participants, personnel of other Federal entities, and members of the public. (1) The agency...


paragraph (b) of this section, this section applies to all allegations of discrimination on the basis of handicap in programs or activities conducted by the agency. ...




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