(a) When to file. Except as provided in
paragraph (f) of this section, a notice of a proposed merger 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 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 must 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, must jointly file the notice required by this section.
(c) Where to file. The notice must be delivered 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. Information filed under 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) The postmark was made by the United States Postal Service; and
(ii) The information was mailed postage prepaid, properly addressed to the PBGC; or
(2) On the date it is received by the PBGC, if the conditions stated in
paragraph (d)(1) of this section are not met. Information received on a weekend or Federal holiday or after 5:00 p.m. on a weekday is considered filed on the next regular business day.
(e) Information required. Each notice must 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 plan sponsor's EIN and the plan's PN and, if different, the EIN or PN last filed with the PBGC. If no EIN or PN has been assigned, the notice must so indicate.
(2) Whether the transaction being reported is a merger or transfer, whether it involves any plan that has terminated under
section 4041A(a)(2) of ERISA, whether any significantly affected plan is involved in the transaction (and, if so, identifying each such plan), and whether it is a
de minimis transaction as defined in
§ 4231.7 (and, if so, including an enrolled actuary's certification to that effect).
(3) The proposed effective date of the transaction.
(4) A copy of each plan provision stating that no participant's or beneficiary's accrued benefit will be lower immediately after the effective date of the merger or transfer than the benefit immediately before that date.
(5) For each plan that exists after the transaction, one of the following statements, certified by an enrolled actuary:
(i) A statement that the plan satisfies the applicable plan solvency test set forth in
§ 4231.6, indicating which is the applicable test.
(ii) 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 each plan that exists before a transaction (unless the transaction is
de minimis and does not involve any plan that has terminated under
section 4041A(a)(2) of ERISA), a copy of the most recent actuarial valuation report that satisfies the requirements of
§ 4231.5.
(7) For each significantly affected plan that exists after the transaction, the following information used in making the plan solvency determination under
§ 4231.6(b):
(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 the plan after the transaction.
(ii) The fair market value of assets in the plan after the transaction (determined in accordance with
§ 4231.6(c)(4)).
(iii) The expected benefit payments for the plan in the first plan year beginning on or after the proposed effective date of the transaction (determined in accordance with
§ 4231.6(c)(3)).
(iv) The contribution rates in effect for the plan for the first plan year beginning on or after the proposed effective date of the transaction.
(v) The expected contributions for the plan in the first plan year beginning on or after the proposed effective date of the transaction (determined in accordance with
§ 4231.6(c)(1)).
(1) A 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;
(3) The PBGC completes its review of the transaction.
29 C.F.R. § 4231.8 — Filing requirements; timing and method of filing. · CFR 2003 annual edition (revised as of 2003-07-01) · https://pensionresource.website/EAMain?content=EAMain.Law&id=cfr29-4231.8&asof=1998-07-01 · printed Oct 16, 2026