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Pension Resource

29 C.F.R. § 4041.22

Administration of plan during pendency of termination process.
CFR 1997 annual edition (revised as of 1997-07-01) · superseded Jul 1, 1998
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(a) General rule. No later than the date on which the plan administrator files the standard termination notice with the PBGC, as required by § 4041.24, the plan administrator shall issue to each person described in paragraph (b) of this section a notice of that individual's plan benefits. The notice shall be in the form and contain the information specified in § 4041.23. Failure to comply with the requirements of this section shall nullify the proposed termination.
(b) Persons entitled to notice. The plan administrator shall issue a notice of plan benefits to each person (other than the PBGC or any employee organization) who is an affected party as of the proposed termination date (and, in the case of a spin-off/termination transaction as described in § 4043.21(f), each person who is, as of the proposed termination date, a participant in the original plan who is covered by the ongoing plan).
(c) Discovery of other affected parties. Notwithstanding the provisions of paragraph (a) of this section, if the plan administrator discovers additional persons entitled to a notice of plan benefits after the expiration of the time period specified in paragraph (a) of this section, the failure to issue a notice of plan benefits to such persons within the specified time period will not cause such notices to be untimely under paragraph (a) of this section if the plan administrator could not reasonably have been expected to know of the additional persons and if he or she promptly issues, to each such additional person, a notice of plan benefits in the form and containing the information specified in § 4041.23.
(d) Issuance
(1) Method. The plan administrator shall issue a notice of plan benefits individually to each person described in paragraph (b) of this section, either by hand-delivery or by first-class mail or courier service directed to the person's last known address.
(2) When issued. A notice of plan benefits is deemed issued to each person on the date it is handed to the person or deposited with a mail or courier service (as evidenced by a postmark or written receipt).
29 C.F.R. § 4041.22 — Administration of plan during pendency of termination process. · CFR 1997 annual edition (revised as of 1997-07-01) · https://pensionresource.website/EAMain?content=EAMain.Law&id=cfr29-4041.22&asof=1995-01-04 · printed Oct 16, 2026
On this page
  • (a) General rule.
  • (b) Persons entitled to notice.
  • (c) Discovery of other affected parties.
  • (d) Issuance
Implements
ERISA § 4041 (29 U.S.C. § 1341) Termination of single-employer plans
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EffectiveThroughSourceAmended by
Jul 1, 1997Jun 30, 1998CFR 1997 annual edition (revised as of 1997-07-01) run 127View
Jul 1, 1998currenteCFR editorial change effective 2017-01-01 run 2View · Redline (sign in)
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