Brief Case

29 C.F.R. § 4281.47

Application for financial assistance.
eCFR amendment effective 2019-05-02 · superseded Jul 1, 2019 · last amended by 80 FR 55745, Sept. 17, 2015
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Historical text in effect May 2, 2019 through Jun 30, 2019. View current · Compare with current
Link to an amendment published at 84 FR 18727, May 2, 2019.
(a) General. If the plan sponsor determines that the plan's resource benefit level for an insolvency year is below the level of benefits guaranteed by PBGC or that the plan will be unable to pay guaranteed benefits when due for any month during the year, the plan sponsor shall apply to the PBGC for financial assistance pursuant to section 4261 of ERISA. The application shall be filed within the time prescribed in paragraph (b) of this section. When the resource benefit level is below the guarantee level, the application shall contain the information set forth in paragraph (c) of this section. When the plan is unable to pay guaranteed benefits for any month, the application shall contain the information set forth in paragraph (d) of this section.
(b) When, how, and where to apply. When the plan sponsor determines a resource benefit level that is less than guaranteed benefits, it shall apply for financial assistance at the same time that it submits its notice of insolvency benefit level pursuant to § 4281.45. When the plan sponsor determines an inability to pay guaranteed benefits for any month, it shall apply for financial assistance within 15 days after making that determination. Application to the PBGC for financial assistance shall be made in accordance with the rules in subpart A of part 4000 of this chapter. See § 4000.4 of this chapter for information on where to apply.
(c) Contents of application - resource benefit level below level of guaranteed benefits. A plan sponsor applying for financial assistance because the plan's resource benefit level is below the level of guaranteed benefits shall file an application that includes the information specified in § 4281.44 (a)(1) through (a)(4) and:
(1) The insolvency year for which the application is being filed.
(2) A participant data schedule showing each participant and beneficiary in pay status or reasonably expected to enter pay status during the year for which financial assistance is requested, listing for each -
(i) Name;
(ii) Sex;
(iii) Date of birth;
(iv) Credited service;
(v) Vested accrued monthly benefit;
(vi) Monthly benefit guaranteed by PBGC;
(vii) Benefit commencement date; and
(viii) Type of benefit.
(d) Contents of application - unable to pay guaranteed benefits for any month. A plan sponsor applying for financial assistance because the plan is unable to pay guaranteed benefits for any month shall file an application that includes the data described in § 4281.44 (a)(1) through (a)(5), the month for which financial assistance is requested, and the plan's available resources and guaranteed benefits payable in that month. The participant data schedule described in paragraph (c)(2) of this section shall be submitted upon the request of the PBGC.
(e) Additional information. The PBGC may request any additional information that it needs to calculate or verify the amount of financial assistance necessary as part of the conditions of granting financial assistance pursuant to section 4261 of ERISA.
Source credit, amendments & notes

[61 FR 34118, July 1, 1996, as amended at 79 FR 30463, May 28, 2014; 80 FR 55745, Sept. 17, 2015]

29 C.F.R. § 4281.47 — Application for financial assistance. · eCFR amendment effective 2019-05-02 · https://pensionresource.website/EAMain?content=EAMain.Law&id=cfr29-4281.47&asof=2019-05-02 · printed Oct 16, 2026
On this page
  • (a) General.
  • (b) When, how, and where to apply.
  • (c) Contents of application - resource benefit level below leve…
  • (d) Contents of application - unable to pay guaranteed benefits…
  • (e) Additional information.
Implements
ERISA § 4281 (29 U.S.C. § 1441) Benefits under certain terminated plans
Cited by (code & regs)
Guidance addressing this section
PBGC
Final Rules
  • 80 FR 55742 Sep 17, 2015 — Multiemployer Plans; Electronic Filing Requirements
Proposed Rules
  • 80 FR 18172Proposed Apr 3, 2015 — Multiemployer Plans; Electronic Filing Requirements Comments due Jun 2, 2015
Also cited in 4 other documents
PBGC
Final Rules
  • 84 FR 18715 May 2, 2019 — Terminated and Insolvent Multiemployer Plans and Duties of Plan Sponsors
  • 79 FR 30459 May 28, 2014 — Multiemployer Plans; Valuation and Notice Requirements
Proposed Rules
  • 83 FR 32815Proposed Jul 16, 2018 — Terminated and Insolvent Multiemployer Plans and Duties of Plan Sponsors Comments due Sep 14, 2018
  • 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, 2014CFR 2013 annual edition (revised as of 2013-07-01) run 127View
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, 2019Aug 18, 2019eCFR amendment effective 2019-07-01 run 2684 FR 18727, May 2, 2019View · Redline (sign in)
Aug 19, 2019currenteCFR editorial change effective 2019-08-19 run 284 FR 18727, May 2, 2019View · Redline (sign in)
Provision-level history (blame)