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Pension Resource

29 C.F.R. § 4281.43

Notice of insolvency.
eCFR editorial change effective 2019-07-01 · current · last amended by 84 FR 18726, May 2, 2019
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Amended effective Jul 1, 2019 by 84 FR 18726, May 2, 2019. See what changed
(a) Requirement of notice. The plan sponsor of a plan that determines that the plan is insolvent in the current plan year or is expected to be insolvent in the next plan year must file with PBGC a notice of insolvency containing the information described in § 4281.44(a) and issue to plan participants and beneficiaries a notice of insolvency containing the information described in § 4281.44(b). Once notices of insolvency with respect to a plan have been provided as required, no notice of insolvency need be provided with respect to the plan for any subsequent year. A notice of insolvency may be combined with a notice of insolvency benefit level under § 4281.45 for the same plan year.
(b) When to provide notice.
(1) Except as provided in paragraph (b)(2) of this section, the plan sponsor must file or issue the notices of insolvency under paragraph (a) of this section by the later of—
(i) Ninety (90) days before the beginning of the insolvency year; or
(ii) Thirty (30) days after the date the insolvency determination is made.
(2) The plan sponsor may deliver the notices of insolvency under paragraph (a) of this section to participants and beneficiaries in pay status concurrently with the first benefit payment made after the date the insolvency determination is made.
(c) Method of issuance to participants and beneficiaries. The issuance of the notice of insolvency to participants and beneficiaries must be made by one of the following methods—
(1) A method permitted under the rules in subpart B of part 4000 of this chapter.
(2) For participants and beneficiaries, other than those in pay status or reasonably expected to enter pay status during the insolvency year for which the notice is given, and other than alternate payees, the plan sponsor may post the notice at participants' work sites or publish the notice in a union newsletter or in a newspaper of general circulation in the area or areas where participants reside. Except with respect to an alternate payee, notice to a participant is deemed notice to that participant's beneficiary or beneficiaries.
Source credit, amendments & notes

[84 FR 18726, May 2, 2019]

29 C.F.R. § 4281.43 — Notice of insolvency. · eCFR editorial change effective 2019-07-01 · https://pensionresource.website/EAMain?content=EAMain.Law&id=cfr29-4281.43 · printed Oct 16, 2026
On this page
  • (a) Requirement of notice.
  • (b) When to provide notice.
  • (c) Method of issuance to participants and beneficiaries.
Implements
ERISA § 4281 (29 U.S.C. § 1441) Benefits under certain terminated 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)(b)(c)
  • 80 FR 55742 Sep 17, 2015 — Multiemployer Plans; Electronic Filing Requirements (e)
Proposed Rules
  • 83 FR 32815Proposed Jul 16, 2018 — Terminated and Insolvent Multiemployer Plans and Duties of Plan Sponsors Comments due Sep 14, 2018 (a)(b)(c)
  • 80 FR 18172Proposed Apr 3, 2015 — Multiemployer Plans; Electronic Filing Requirements Comments due Jun 2, 2015 (e)
Also cited in 2 other documents
PBGC
Final Rules
  • 79 FR 30459 May 28, 2014 — Multiemployer Plans; Valuation and Notice Requirements
Proposed Rules
  • 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, 2004CFR 2003 annual edition (revised as of 2003-07-01) run 127View
Jul 1, 2004Jun 30, 2014CFR 2013 annual edition (revised as of 2013-07-01) run 12768 FR 61458, Oct. 28, 2003View · Redline (sign in)
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, 2019currenteCFR editorial change effective 2019-07-01 run 284 FR 18726, May 2, 2019View · Redline (sign in)
Provision-level history (blame)