Brief Case

29 C.F.R. § 4281.43

Notice of insolvency.
CFR 2003 annual edition (revised as of 2003-07-01) · superseded Jul 1, 2004
Back to current
Historical text in effect Jul 1, 1997 through Jun 30, 2004. View current · Compare with current
(a) Requirement of notices of 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 plan participants and beneficiaries. Once notices of insolvency have been issued to the PBGC and to plan participants and beneficiaries, no notice of insolvency needs to be issued for subsequent insolvency years. Notices shall be delivered in the manner and within the time prescribed in this section and shall contain the information described in § 4281.44.
(b) Requirement of annual updates. A plan sponsor that has issued notices of insolvency to the PBGC and to plan participants and beneficiaries shall thereafter issue annual updates to the PBGC and participants and beneficiaries for each plan year beginning after the plan year for which the notice of insolvency was issued. However, the plan sponsor need not issue an annual update to plan participants and beneficiaries who are issued notices of insolvency benefit level in accordance with § 4281.45 for the same insolvency year. A plan sponsor that, after issuing annual updates for a plan year, determines under § 4041A.25(b) that the plan is or may be insolvent for that plan year need not issue revised annual updates. Annual updates shall be delivered in the manner and within the time prescribed in this section and shall contain the information described in § 4281.44.
(c) Notices of insolvency—when delivered. Except as provided in the next sentence, the plan sponsor shall mail or otherwise deliver the notices of insolvency no later than 30 days after the plan sponsor determines that the plan is or may be insolvent. However, the notice to plan participants and beneficiaries in pay status may be delivered concurrently with the first benefit payment made after the determination of insolvency.
(d) Annual updates—when delivered. Except as provided in the next sentence, the plan sponsor shall mail or otherwise deliver annual updates no later than 60 days before the beginning of the plan year for which the annual update is issued. A plan sponsor that determines under § 4041A.25(b) that the plan is or may be insolvent for a plan year and that has not at that time issued annual updates for that year, shall mail or otherwise deliver the annual updates by the later of 60 days before the beginning of the plan year or 30 days after the date of the plan sponsor's determination under § 4041A.25(b).
(e) Notices of insolvency—method of delivery. The notices of insolvency shall be delivered by mail or by hand to the PBGC and to plan participants and beneficiaries in pay status when the notice is required to be delivered. Notice to participants and beneficiaries not in pay status shall be provided in any manner reasonably calculated to reach those participants and beneficiaries. Reasonable methods of notification include, but are not limited to, posting the notice at participants’ worksites or publishing the notice in a union newsletter or newspaper of general circulation in the area or areas where participants reside. Notice to a participant shall be deemed notice to that participant's beneficiary or beneficiaries.
(f) Annual updates—method of delivery. Each annual update shall be delivered by mail or by hand to the PBGC. Each annual update to plan participants and beneficiaries shall be provided in any manner reasonably calculated to reach participants and beneficiaries. Reasonable methods of notification include, but are not limited to, posting the notice at participants’ worksites and publishing the notice in a union newsletter of general circulation in the area or areas where participants reside. Notice to a participant shall be deemed notice to that participant's beneficiary or beneficiaries.
29 C.F.R. § 4281.43 — Notice of insolvency. · CFR 2003 annual edition (revised as of 2003-07-01) · https://pensionresource.website/EAMain?content=EAMain.Law&id=cfr29-4281.43&asof=1997-07-01 · printed Oct 16, 2026
On this page
  • (a) (a) Requirement of notices of insolvency. A plan sponsor th…
  • (b) (b) Requirement of annual updates. A plan sponsor that has …
  • (c) (c) Notices of insolvency—when delivered. Except as provide…
  • (d) (d) Annual updates—when delivered. Except as provided in th…
  • (e) (e) Notices of insolvency—method of delivery. The notices o…
  • (f) (f) Annual updates—method of delivery. Each annual update s…
Implements
ERISA § 4281 (29 U.S.C. § 1441) Benefits under certain terminated plans
Cited by (code & regs)
Guidance addressing this section
PBGC
Final Rules
  • 84 FR 18715 May 2, 2019 — Terminated and Insolvent Multiemployer Plans and Duties of Plan Sponsors (a)(b)(c)
  • 80 FR 55742 Sep 17, 2015 — Multiemployer Plans; Electronic Filing Requirements (e)
Proposed Rules
  • 83 FR 32815Proposed Jul 16, 2018 — Terminated and Insolvent Multiemployer Plans and Duties of Plan Sponsors Comments due Sep 14, 2018 (a)(b)(c)
  • 80 FR 18172Proposed Apr 3, 2015 — Multiemployer Plans; Electronic Filing Requirements Comments due Jun 2, 2015 (e)
Also cited in 2 other documents
PBGC
Final Rules
  • 79 FR 30459 May 28, 2014 — Multiemployer Plans; Valuation and Notice Requirements
Proposed Rules
  • 79 FR 4642Proposed Jan 29, 2014 — Multiemployer Plans; Valuation and Notice Requirements Comments due Mar 31, 2014

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Each row is a version of the text as published by the official source. Code dates are the edition/release point that first reflected the change; regulation dates are eCFR effective dates. The library checks the official sources automatically, so new versions appear here on their own; “run” opens the sync that recorded a version.

EffectiveThroughSourceAmended by
Jul 1, 1997Jun 30, 2004CFR 2003 annual edition (revised as of 2003-07-01) run 127View
Jul 1, 2004Jun 30, 2014CFR 2013 annual edition (revised as of 2013-07-01) run 12768 FR 61458, Oct. 28, 2003View · Redline (sign in)
Jul 1, 2014Jun 30, 2016CFR 2015 annual edition (revised as of 2015-07-01) run 12779 FR 30463, May 28, 2014View · Redline (sign in)
Jul 1, 2016May 1, 2019eCFR amendment effective 2017-01-01 run 2680 FR 55745, Sept. 17, 2015View · Redline (sign in)
May 2, 2019Jun 30, 2019eCFR amendment effective 2019-05-02 run 2680 FR 55745, Sept. 17, 2015View · Redline (sign in)
Jul 1, 2019currenteCFR editorial change effective 2019-07-01 run 284 FR 18726, May 2, 2019View · Redline (sign in)
Provision-level history (blame)