(a) When to file. Except as provided in
paragraph (f) of this section, a notice of a proposed merger or transfer shall 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 earlier of—
(1) The date on which one plan assumes liability for benefits accrued under another plan involved in the transaction; or
(2) The date on which one plan transfers assets to another plan involved in the transaction.
(b) Who shall file. The plan sponsors of all plans involved in a merger or transfer, or the duly authorized representative(s) acting on behalf of the plan sponsors, shall jointly file the notice required by this section.
(c) Where to file. The notice shall be delivered by mail or submitted by hand to Reports Processing, Insurance Operations Department, Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005-4026.
(d) Filing date. For purposes of paragraph (a) of this section, the notice is not considered filed until all of the information required by paragraph (e) of this section has been submitted. Except as provided in the next sentence, the notice is considered filed on the date it is received by the PBGC, unless it is received after regular business hours, in which event it is considered filed on the next regular business day. The notice is considered filed on the date of the postmark stamped on the cover in which the notice is mailed if—
(1) The postmark was made by the United States Postal Service; and
(2) The notice was mailed postage prepaid, properly packaged and addressed to the PBGC.
(e) Information required. Each notice shall contain the following information:
(1) For each plan involved in the merger or transfer—
(i) The name of the plan;
(ii) The name, address and telephone number of the plan sponsor and of the plan sponsor's duly authorized representative, if any; and
(iii) The nine-digit employer Identification Number (EIN) assigned by the IRS to the plan sponsor and the three-digit Plan Identification Number (PIN) assigned by the plan sponsor to the plan, and, if different, the EIN or PIN last filed with the PBGC. If no EIN or PIN has been assigned, the notice shall so indicate.
(2) The kind of transaction being reported (merger, significant transfer or non-significant transfer).
(3) The proposed effective date of the merger or transfer.
(4) A copy of the plan provision stating that no participant's or beneficiary's accrued benefit will be lower immediately after the merger or transfer than the benefit immediately before the transaction.
(5) One of the following statements, certified by an enrolled actuary:
(i) A statement that the merger or transfer is
de minimis as defined in
§ 4231.7. A notice of a
de minimis merger or transfer is not required to include the information described in paragraph (e)(6) or (e)(7) of this section.
(ii) A statement that the merger or transfer satisfies the applicable plan solvency test set forth in
§ 4231.6, indicating which is the applicable test.
(iii) A statement of the basis on which the actuary has determined that benefits under the plan are not reasonably expected to be subject to suspension under
section 4245 of ERISA, including the supporting data or calculations, assumptions and methods.
(6) For mergers or transfers (other than
de minimis mergers or transfers), a copy of the most recent actuarial valuation report that satisfies the requirements of
§ 4231.5.
(7) For a significant transfer, the following information used in making the plan solvency determination under
§ 4231.6(a):
(i) The present value of the accrued benefits and fair market value of plan assets under the valuation required by
§ 4231.5(b), allocable to each plan after the transfer.
(ii) The fair market value of assets in each plan after the transfer (determined in accordance with
§ 4231.6(c)(4)).
(iii) The expected benefit payments for each plan in the first plan year beginning on or after the proposed effective date of the transfer (determined in accordance with
§ 4231.6(c)(3)).
(iv) The contribution rates in effect for each plan for the first plan year beginning on or after the proposed effective date of the transfer.
(v) The expected contributions for each plan in the first plan year beginning on or after the proposed effective date of the transfer (determined in accordance with
§ 4231.6(c)(1)).
(f) Waiver of notice. PBGC may waive the notice requirements of this section and
section 4231(b)(1) of ERISA if the plan sponsor demonstrates to the satisfaction of the PBGC that failure to complete the merger or transfer in less than 120 days after filing the notice will cause harm to participants or beneficiaries of the plans involved in the transaction.
29 C.F.R. § 4231.8 — Filing requirements; timing and method of filing. · CFR 1997 annual edition (revised as of 1997-07-01) · https://pensionresource.website/EAMain?content=EAMain.Law&id=cfr29-4231.8&asof=1997-07-01 · printed Oct 16, 2026