Brief Case

29 C.F.R. § 4062.8

Liability pursuant to section 4062(e).
eCFR editorial change effective 2017-01-01 · current · last amended by 71 FR 34822, June 16, 2006
Back to current
(a) Liability amount. If, pursuant to section 4062(e) of ERISA, an employer ceases operations at a facility in any location and, as a result of such cessation of operations, more than 20% of the total number of the employer's employees who are participants under a plan established and maintained by the employer are separated from employment, the PBGC will determine the amount of liability under section 4063(b) of ERISA to be the amount described in section 4062 of ERISA for the entire plan, as if the plan had been terminated by the PBGC immediately after the date of the cessation of operations, multiplied by a fraction—
(1) The numerator of which is the number of the employer's employees who are participants under the plan and are separated from employment as a result of the cessation of operations; and
(2) The denominator of which is the total number of the employer's current employees, as determined immediately before the cessation of operations, who are participants under the plan.
(b) Example. Company X sponsors a pension plan with 50,000 participants of which 20,000 are current employees and 30,000 are retirees or deferred vested participants. On a PBGC termination basis, the plan is underfunded by $80 million. Company X ceases operations at a facility resulting in the separation from employment of 5,000 employees, all of whom are participants in the pension plan. A section 4062(e) event has occurred, and the PBGC will determine the amount of employer liability under section 4063(b) of ERISA. The numerator described in paragraph (a)(1) of this section is 5,000 and the denominator described in paragraph (a)(2) of this section is 20,000. Therefore, the amount of liability under section 4063(b) of ERISA pursuant to section 4062(e) is $20 million (5,000/20,000 × $80 million).
Source credit, amendments & notes

[71 FR 34822, June 16, 2006]

29 C.F.R. § 4062.8 — Liability pursuant to section 4062(e). · eCFR editorial change effective 2017-01-01 · https://pensionresource.website/EAMain?content=EAMain.Law&id=cfr29-4062.8&asof=2008-01-08 · printed Oct 16, 2026
On this page
  • (a) Liability amount.
  • (b) Example.
Implements
ERISA § 4062 (29 U.S.C. § 1362) Liability for termination of single-employer plans under a distress termination or a termination by corporation
Cited by (code & regs)
Guidance addressing this section

No documents are primarily about this section.

Also cited in 1 other documents
PBGC
Proposed Rules
  • 75 FR 48283Proposed Aug 10, 2010 — Liability for Termination of Single-Employer Plans; Treatment of Substantial Cessation of Operations Comments due Oct 12, 2010 (a)(2)(b)(c)

No court rulings in the library cite this provision yet.

No private letter rulings in the library cite this provision yet.

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, 2006CFR 2005 annual edition (revised as of 2005-07-01) run 127View
Jul 1, 2006Jun 30, 2007CFR 2006 annual edition (revised as of 2006-07-01) run 127View · Redline (sign in)
Jul 1, 2007currenteCFR editorial change effective 2017-01-01 run 271 FR 34822, June 16, 2006View · Redline (sign in)
Provision-level history (blame)