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Pension Resource

29 C.F.R. § 4043.65

Transfer of benefit liabilities.
eCFR amendment effective 2024-07-08 · current · last amended by 89 FR 48300, June 6, 2024
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(a) Reportable event. Advance notice is required for a transfer of benefit liabilities, as described in § 4043.32(a).
(b) Waivers
(1) Complete plan transfer. Notice under this section is waived if the transfer is a transfer of all of the transferor plan's benefit liabilities and assets to one other plan.
(2) Transfer of less than 3 percent of assets. Notice under this section is waived if the value of the assets being transferred—
(i) Equals the present value of the accrued benefits (whether or not vested) being transferred, using actuarial assumptions that comply with section 414(l) of the Code; and
(ii) In conjunction with other assets transferred during the same plan year, is less than 3 percent of the assets of the transferor plan as of at least one day in that year.
(3) Section 414(l) safe harbor. Notice under this section is waived if the benefit liabilities of 500 or fewer participants are transferred and the transfer complies with section 414(l) of the Code using the actuarial assumptions prescribed for valuing benefits in trusteed plans under §§ 4044.51 through 4044.58 of this chapter.
(4) Fully funded plans. Notice under this section is waived if the transfer complies with section 414(l) of the Code using reasonable actuarial assumptions and, after the transfer, the transferor and transferee plans are fully funded as determined in accordance with §§ 4044.51 through 4044.58 of this chapter and § 4010.8(d)(1)(ii) of this chapter.
Source credit, amendments & notes

[80 FR 55002, Sept. 11, 2015, as amended at 89 FR 48300, June 6, 2024]

29 C.F.R. § 4043.65 — Transfer of benefit liabilities. · eCFR amendment effective 2024-07-08 · https://pensionresource.website/EAMain?content=EAMain.Law&id=cfr29-4043.65&asof=2024-07-08 · printed Oct 16, 2026
On this page
  • (a) Reportable event.
  • (b) Waivers
Implements
ERISA § 4043 (29 U.S.C. § 1343) Reportable events
Guidance addressing this section

No documents are primarily about this section.

Also cited in 3 other documents
PBGC
Final Rules
  • 89 FR 48291 Jun 6, 2024 — Valuation Assumptions and Methods
  • 80 FR 54980 Sep 11, 2015 — Reportable Events and Certain Other Notification Requirements
Proposed Rules
  • 78 FR 20039Proposed Apr 3, 2013 — Reportable Events and Certain Other Notification Requirements Comments due Jun 3, 2013 (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, 2016CFR 2015 annual edition (revised as of 2015-07-01) run 127View
Jul 1, 2016Jun 5, 2024eCFR editorial change effective 2017-01-01 run 26View · Redline (sign in)
Jun 6, 2024Jul 7, 2024eCFR amendment effective 2024-06-06 run 26View · Redline (sign in)
Jul 8, 2024currenteCFR amendment effective 2024-07-08 run 289 FR 48300, June 6, 2024View · Redline (sign in)
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