§ 4281.44 - Contents of notice of insolvency.

§ 4281.44 Contents of notices notice of insolvency.

Cross Reference

Link to an amendment published at 84 FR 18726, May 2, 2019.

Notice of insolvency

(a) Notice of insolvency to the PBGC. A notice of insolvency required under § 4281.43(a) to be filed with the PBGC shall must contain the following information :

(1) The name of the plan.

(2) The name, address, and telephone number of the plan sponsor and of the plan sponsor's duly authorized representative, if any.

(3) The nine-digit Employer Identification Number (EIN) assigned by the IRS to the plan sponsor and the three-digit Plan Number (PN) assigned by the plan sponsor to the plan, and, if different, the EIN or PN last filed with the PBGC. If no EIN or PN has been assigned, the notice shall so state.

(4) The case number assigned by the PBGC to the filing of the plan's notice of termination pursuant to part 4041A, subparts A and B, of this chapter.

(5) The plan year for which the plan sponsor has determined that the plan is or may be insolvent.

(6) A copy of the plan document currently in effect, i.e., a copy of the last restatement of the plan and all subsequent amendments. However, if a copy of the plan document was submitted to the PBGC with a previous filing, only subsequent plan amendments need be submitted, and the notice shall state when the copy of the plan document was filed.

(7) A copy of the most recent actuarial valuation for the plan (i.e., the most recent report submitted to the plan in connection with a valuation of plan assets and liabilities, which shall be performed in accordance with subpart B of this part). If the actuarial valuation was previously submitted to the PBGC, it may be omitted, and the notice shall state the date on which the document was filed and that the information is still accurate and complete.

(8) The estimated amount of annual benefit payments under the plan (determined without regard to the insolvency) for the insolvency year.

(9) The estimated amount of the plan's available resources for the insolvency year.

(10) The estimated amount of the annual benefits guaranteed by the PBGC for the insolvency year.

(11) A statement indicating whether the notice of insolvency is the result of an insolvency determination under § 4041A.25 (a) or (b).

(12) A certification, signed by the plan sponsor or its duly authorized representative, that notices of insolvency have been given to all plan participants and beneficiaries in accordance with this part.

(b)

and certification specified in the notice of insolvency instructions on PBGC's website (www.pbgc.gov).

(b) Notice to participants and beneficiaries. A notice of insolvency required under § 4281.43(a) to be issued to plan participants and beneficiaries shall must contain all of the following information : -

(1) The name of the plan.

(2) A statement of the plan year for which the plan sponsor has determined that the plan is or may is expected to be insolvent.

(3) A statement that benefits above the amount that can be paid from available resources or the level guaranteed by the PBGC, whichever is greater, will be suspended during the insolvency year, with a brief explanation of which benefits are guaranteed by the PBGC under section 4022A of ERISA.

(4) The name, address, and telephone number of the plan administrator or other person designated by the plan sponsor to answer inquiries concerning benefits.

[61 84 FR 34118, July 1, 1996, as amended at 79 FR 30463, May 28, 201418726, May 2, 2019]