CFR 2008 annual edition (revised as of 2008-07-01) · in effect Jul 1, 1998 to Jul 1, 2009 · last amended by 62 FR 67728, Dec. 30, 1997
For purposes of this chapter (unless otherwise indicated or required by the context):
(6) The PBGC.
If an affected party has designated, in writing, a person to receive a notice on behalf of the affected party, any reference to the affected party (in connection with the notice) shall be construed to refer to such person.
Annuity means a series of periodic payments to a participant or surviving beneficiary for a fixed or contingent period.
Basic-type benefit means a benefit that is guaranteed under part 4022 of this chapter or that would be guaranteed if the guarantee limits in
§§ 4022.22 through 4022.27 of this chapter did not apply.
Benefit liabilities means the benefits of participants and their beneficiaries under the plan (within the meaning of
section 401(a)(2) of the Code).
Code means the Internal Revenue Code of 1986, as amended.
Controlled group means, in connection with any person, a group consisting of such person and all other persons under common control with such person, determined under
§ 4001.3 of this part. For purposes of determining the persons liable for contributions under
section 412(c)(11)(B) of the Code or
section 302(c)(11)(B) of ERISA, or for premiums under
section 4007(e)(2) of ERISA, a controlled group also includes any group treated as a single employer under
section 414 (m) or (o) of the Code. Any reference to a plan's controlled group means all contributing sponsors of the plan and all members of each contributing sponsor's controlled group.
Corporation means the Pension Benefit Guaranty Corporation, except where the context demonstrates that a different meaning is intended.
Distress termination means the voluntary termination of a single-employer plan in accordance with
section 4041(c) of ERISA and part 4041, subpart C, of this chapter.
Distribution date means:
(2) The deemed distribution date (as defined in
§ 4050.2) in the case of a designated benefit paid to the PBGC in accordance with part 4050 of this chapter (dealing with missing participants).
EIN means the nine-digit employer identification number assigned by the Internal Revenue Service to a person.
Employer means all trades or businesses (whether or not incorporated) that are under common control, within the meaning of
§ 4001.3 of this chapter.
ERISA means the Employee Retirement Income Security Act of 1974, as amended.
Fair market value means the price at which property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and both having reasonable knowledge of relevant facts.
FOIA means the Freedom of Information Act, as amended (
5 U.S.C. 552).
Guaranteed benefit means a benefit under a single-employer plan that is guaranteed by the PBGC under
section 4022(a) of ERISA and part 4022 of this chapter, or a benefit under a multiemployer plan that is guaranteed by the PBGC under
section 4022A of ERISA.
Insurer means a company authorized to do business as an insurance carrier under the laws of a State or the District of Columbia.
Irrevocable commitment means an obligation by an insurer to pay benefits to a named participant or surviving beneficiary, if the obligation cannot be cancelled under the terms of the insurance contract (except for fraud or mistake) without the consent of the participant or beneficiary and is legally enforceable by the participant or beneficiary.
IRS means the Internal Revenue Service.
Mandatory employee contributions means amounts contributed to the plan by a participant that are required as a condition of employment, as a condition of participation in such plan, or as a condition of obtaining benefits under the plan attributable to employer contributions.
Mass withdrawal means:
(3) The withdrawal of substantially all employers pursuant to an agreement or arrangement to withdraw.
Multiemployer Act means the Multiemployer Pension Plan Amendments Act of 1980.
Multiple employer plan means a single-employer plan maintained by two or more contributing sponsors that are not members of the same controlled group, under which all plan assets are available to pay benefits to all plan participants and beneficiaries.
Nonbasic-type benefit means any benefit provided by a plan other than a basic-type benefit.
Nonforfeitable benefit means a benefit described in
section 4001(a)(8) of ERISA. Benefits that become nonforfeitable solely as a result of the termination of a plan will be considered forfeitable.
Normal retirement age means the age specified in the plan as the normal retirement age. This age shall not exceed the later of age 65 or the age attained after 5 years of participation in the plan. If no normal retirement age is specified in the plan, it is age 65.
Notice of intent to terminate means the notice of a proposed termination of a single-employer plan, as required by
section 4041(a)(2) of ERISA and
§ 4041.21 (in a standard termination) or
§ 4041.41 (in a distress termination) of this chapter.
PBGC means the Pension Benefit Guaranty Corporation.
Plan means a defined benefit plan within the meaning of
section 3(35) of ERISA that is covered by title IV of ERISA.
Plan year means the calendar, policy, or fiscal year on which the records of the plan are kept.
PN means the three-digit plan number assigned to a plan.
Proposed termination date means the date specified as such by the plan administrator of a single-employer plan in a notice of intent to terminate or, if later, in the standard or distress termination notice, in accordance with
section 4041 of ERISA and part 4041 of this chapter.
Standard termination means the voluntary termination, in accordance with
section 4041(b) of ERISA and part 4041, subpart B, of this chapter, of a single-employer plan that is able to provide for all of its benefit liabilities when plan assets are distributed.
Sufficient for benefit liabilities means that there is no amount of unfunded benefit liabilities, as defined in
section 4001(a)(18) of ERISA.
Sufficient for guaranteed benefits means that there is no amount of unfunded guaranteed benefits, as defined in
section 4001(a)(17) of ERISA.
Title IV benefit means the guaranteed benefit plus any additional benefits to which plan assets are allocated pursuant to
section 4044 of ERISA and part 4044 of this chapter.
Voluntary employee contributions means amounts contributed by an employee to a plan, pursuant to the provisions of the plan, that are not mandatory employee contributions.