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Pension Resource

29 C.F.R. § 4245.5

Notice of insolvency benefit level.
CFR 2016 annual edition (revised as of 2016-07-01) · superseded Jan 1, 2017 · last amended by 68 FR 61357, Oct. 28, 2003
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(a) Requirement of notice. Except as provided in paragraph (b) of this section, for each insolvency year the plan sponsor shall notify the PBGC and the interested parties, as defined in § 4245.3(e), of the level of benefits expected to be paid during the year (the “insolvency benefit level”). These notices shall be delivered in the manner and within the time prescribed in this section and shall contain the information described in § 4245.6.
(b) Waiver of notice to certain interested parties. The notice of insolvency benefit level required under this section need not be given to interested parties, other than participants and beneficiaries who are in pay status or are reasonably expected to enter pay status during the insolvency year, for an insolvency year immediately following the plan year in which a notice of insolvency was required to be delivered pursuant to § 4245.3, provided that the notice of insolvency was in fact delivered.
(c) When delivered. The plan sponsor shall mail or otherwise deliver the required notices of insolvency benefit level no later than 60 days before the beginning of the insolvency year, except that if the determination of insolvency is made fewer than 120 days before the beginning of the insolvency year, the notices shall be delivered within 60 days after the date of the plan sponsor's determination.
(d) Delivery to PBGC
(1) Method of filing. The PBGC applies the rules in subpart A of part 4000 of this chapter to determine permissible methods of filing a notice of insolvency benefit level with the PBGC under this part.
(2) Filing date. The PBGC applies the rules in subpart C of part 4000 of this chapter to determine the date that a notice of insolvency benefit level under this part was filed with the PBGC.
(e) Delivery to interested parties
(1) Method of issuance. The PBGC applies the rules in subpart B of part 4000 of this chapter to determine permissible methods of issuance of the notice of insolvency benefit levels to interested parties. In addition to the methods permitted under subpart B of part 4000, the plan sponsor may notify interested parties, other than participants and beneficiaries who are in pay status or reasonably expected to enter pay status during the insolvency year for which the notice is given, by posting the notice at participants' work sites or publishing the notice in a union newsletter or in a 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.
(2) Issuance date. The PBGC applies the rules in subpart C of part 4000 of this chapter to determine the date that the notice of insolvency benefit levels was issued.
Source credit, amendments & notes

[61 FR 34115, July 1, 1996, as amended at 68 FR 61357, Oct. 28, 2003]

29 C.F.R. § 4245.5 — Notice of insolvency benefit level. · CFR 2016 annual edition (revised as of 2016-07-01) · https://pensionresource.website/EAMain?content=EAMain.Law&id=cfr29-4245.5&asof=2008-01-08 · printed Oct 16, 2026
On this page
  • (a) Requirement of notice.
  • (b) Waiver of notice to certain interested parties.
  • (c) When delivered.
  • (d) Delivery to PBGC
  • (e) Delivery to interested parties
Implements
ERISA § 4245 (29 U.S.C. § 1426) Insolvent 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)
Proposed Rules
  • 83 FR 32815Proposed Jul 16, 2018 — Terminated and Insolvent Multiemployer Plans and Duties of Plan Sponsors Comments due Sep 14, 2018 (a)

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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, 2006CFR 2005 annual edition (revised as of 2005-07-01) run 12768 FR 61357, Oct. 28, 2003View · Redline (sign in)
Jul 1, 2006Dec 31, 2016CFR 2016 annual edition (revised as of 2016-07-01) run 12768 FR 61357, Oct. 28, 2003View · Redline (sign in)
Jan 1, 2017May 1, 2019eCFR amendment effective 2017-01-01 run 2668 FR 61357, Oct. 28, 2003View · Redline (sign in)
May 2, 2019Jun 30, 2019eCFR amendment effective 2019-05-02 run 2668 FR 61357, Oct. 28, 2003View · Redline (sign in)
Jul 1, 2019currenteCFR editorial change effective 2019-07-01 run 284 FR 18724, May 2, 2019View · Redline (sign in)
Provision-level history (blame)