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Pension Resource

29 C.F.R. § 4281.45

Notice of insolvency benefit level.
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 an insolvent plan must file with PBGC a notice of insolvency benefit level containing the information described in § 4281.46(a) and issue to plan payees (which, for purposes of this section, means participants and beneficiaries in pay status or reasonably expected to enter pay status during the insolvency year) a notice of insolvency benefit level containing the information described in § 4281.46(b) in each of the following circumstances—
(1) Except as provided in paragraph (a)(2) of this section, for the initial insolvency year and for any insolvency year following the initial insolvency year, if there is a change in insolvency benefit level that affects plan payees generally, provide the notices of insolvency benefit level to PBGC and to plan payees.
(2) For any insolvency year following the initial insolvency year, if there is a change in the insolvency benefit level that affects only one plan payee or a class of plan payees but not plan payees generally (treating commencement of a person's benefits for this purpose as a change in the insolvency benefit level for that person), provide the notices of insolvency benefit level to PBGC and to each affected plan payee.
(b) Combined notices. The plan sponsor may combine a notice of insolvency benefit level under this section and a notice of insolvency under § 4281.43 for the same plan year.
(c) When to provide notice.
(1) Except as provided in paragraph (c)(2) of this section, the plan sponsor must provide the notices under 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 required under this section to participants and beneficiaries in pay status or reasonably expected to enter pay status during the insolvency year for which the notice is given concurrently with the first benefit payment made after the date the insolvency determination is made.
(d) Method of issuance to participants and beneficiaries. The issuance of the notice of insolvency benefit level to participants and beneficiaries in pay status or reasonably expected to enter pay status during the insolvency year for which the notice is given must be made by a method permitted under the rules in subpart B of part 4000 of this chapter.
Source credit, amendments & notes

[84 FR 18726, May 2, 2019]

29 C.F.R. § 4281.45 — Notice of insolvency benefit level. · eCFR editorial change effective 2019-07-01 · https://pensionresource.website/EAMain?content=EAMain.Law&id=cfr29-4281.45 · printed Oct 16, 2026
On this page
  • (a) Requirement of notice.
  • (b) Combined notices.
  • (c) When to provide notice.
  • (d) 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)(c)(d)
  • 80 FR 55742 Sep 17, 2015 — Multiemployer Plans; Electronic Filing Requirements (c)
Proposed Rules
  • 83 FR 32815Proposed Jul 16, 2018 — Terminated and Insolvent Multiemployer Plans and Duties of Plan Sponsors Comments due Sep 14, 2018 (a)(c)(d)
  • 80 FR 18172Proposed Apr 3, 2015 — Multiemployer Plans; Electronic Filing Requirements Comments due Jun 2, 2015 (c)

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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, 2004May 1, 2019eCFR amendment effective 2017-01-01 run 2668 FR 61458, Oct. 28, 2003View · Redline (sign in)
May 2, 2019Jun 30, 2019eCFR amendment effective 2019-05-02 run 2668 FR 61458, Oct. 28, 2003View · 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)