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Pension Resource

29 C.F.R. § 4231.8

Filing requirements; timing and method of filing.
eCFR editorial change effective 2018-10-15 · current
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Amended effective Oct 15, 2018. See what changed
(a) When to file. Except as provided in paragraph (g) of this section, a notice of a proposed merger or transfer, and, if applicable, a request for a compliance determination or facilitated merger (which may be filed separately or combined), must be filed not less than the following number of days before the proposed effective date of the transaction—
(1) 270 days in the case of a facilitated merger under § 4231.12;
(2) 120 days in the case of a merger (other than a facilitated merger) for which a compliance determination under § 4231.10 is requested, or a transfer; or
(3) 45 days in the case of a merger for which a compliance determination under § 4231.10 is not requested.
(b) Method of filing. PBGC applies the rules in subpart A of part 4000 of this chapter to determine permissible methods of filing with PBGC under this part.
(c) Computation of time. PBGC applies the rules in subpart D of part 4000 of this chapter to compute any time period for filing under this part.
(d) Who must file. The plan sponsors of all plans involved in a merger or transfer, or the duly authorized representative(s) acting on behalf of the plan sponsors, must jointly file the notice required by subpart A of this part, and, if applicable, a request for a facilitated merger under § 4231.12.
(e) Where to file. See § 4000.4 of this chapter for information on where to file.
(f) Date of filing. PBGC applies the rules in subpart C of part 4000 of this chapter to determine the date a submission under this part was filed with PBGC. For purposes of paragraph (a) of this section, the notice, and, if applicable, a request for a compliance determination or facilitated merger, is not considered filed until all of the information required under this part has been submitted.
(g) Waiver of timing of notice. PBGC may waive the timing requirements of paragraph (a) of this section and section 4231(b)(1) of ERISA if—
(1) A plan sponsor demonstrates to the satisfaction of PBGC that failure to complete the merger or transfer in less than the applicable notice period set forth in paragraph (a) of this section will cause harm to participants or beneficiaries of the plans involved in the transaction;
(2) PBGC determines that the transaction complies with the requirements of section 4231 of ERISA; or
(3) PBGC completes its review of the transaction.
29 C.F.R. § 4231.8 — Filing requirements; timing and method of filing. · eCFR editorial change effective 2018-10-15 · https://pensionresource.website/EAMain?content=EAMain.Law&id=cfr29-4231.8 · printed Oct 16, 2026
On this page
  • (a) When to file.
  • (b) Method of filing.
  • (c) Computation of time.
  • (d) Who must file.
  • (e) Where to file.
  • (f) Date of filing.
  • (g) Waiver of timing of notice.
Implements
ERISA § 4231 (29 U.S.C. § 1411) Mergers and transfers between multiemployer plans
Cited by (code & regs)
Guidance addressing this section
PBGC
Final Rules
Proposed Rules
  • 81 FR 36229Proposed Jun 6, 2016 — Mergers and Transfers Between Multiemployer Plans Comments due Aug 5, 2016 (a)(a)(1)(e)(e)(6)(f)
  • 79 FR 4642Proposed Jan 29, 2014 — Multiemployer Plans; Valuation and Notice Requirements Comments due Mar 31, 2014 (f)

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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, 1998CFR 1997 annual edition (revised as of 1997-07-01) run 127View
Jul 1, 1998Jun 30, 2004CFR 2003 annual edition (revised as of 2003-07-01) run 127View · Redline (sign in)
Jul 1, 2004Jun 30, 2006CFR 2005 annual edition (revised as of 2005-07-01) run 12768 FR 61356, Oct. 28, 2003View · Redline (sign in)
Jul 1, 2006Jun 30, 2014CFR 2013 annual edition (revised as of 2013-07-01) run 12768 FR 61356, Oct. 28, 2003View · Redline (sign in)
Jul 1, 2014Dec 31, 2016CFR 2016 annual edition (revised as of 2016-07-01) run 12779 FR 30463, May 28, 2014View · Redline (sign in)
Jan 1, 2017Oct 14, 2018eCFR amendment effective 2017-01-01 run 2679 FR 30463, May 28, 2014View · Redline (sign in)
Oct 15, 2018currenteCFR editorial change effective 2018-10-15 run 2View · Redline (sign in)
Provision-level history (blame)