Brief Case
Pension Resource

29 C.F.R. § 4041.45

Distress termination notice.
CFR 1997 annual edition (revised as of 1997-07-01) · superseded Jul 1, 1998
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(a) General. Upon receipt of participant and benefit information filed pursuant to § 4041.43 (b)(1) or (c), the PBGC shall determine the degree to which the plan is sufficient and notify the plan administrator in writing of its determination in accordance with paragraph (b) or (c) of this section.
(b) Insufficiency for guaranteed benefits. If the PBGC finds that it is unable to determine that a plan is sufficient for guaranteed benefits, it shall issue a “notice of inability to determine sufficiency” notifying the plan administrator of this finding and advising the plan administrator that—
(1) The plan administrator shall continue to administer the plan under the restrictions imposed by § 4041.4; and
(2) The termination shall be completed under section 4042 of ERISA.
(c) Sufficiency for guaranteed benefits or benefit liabilities. If the PBGC determines that a plan is sufficient for guaranteed benefits but not for benefit liabilities or is sufficient for benefit liabilities, the PBGC shall issue to the plan administrator a distribution notice advising the plan administrator—
(1) To issue notices of benefit distribution in accordance with § 4041.46;
(2) To close out the plan in accordance with § 4041.48;
(3) To file a timely post-distribution certification with the PBGC in accordance with § 4041.48(b); and
(4) That either the plan administrator or the contributing sponsor must preserve and maintain plan records in accordance with § 4041.11.
29 C.F.R. § 4041.45 — Distress termination notice. · CFR 1997 annual edition (revised as of 1997-07-01) · https://pensionresource.website/EAMain?content=EAMain.Law&id=cfr29-4041.45&asof=1997-07-01 · printed Oct 17, 2026
On this page
  • (a) General.
  • (b) Insufficiency for guaranteed benefits.
  • (c) Sufficiency for guaranteed benefits or benefit liabilities.
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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