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"PBGC has received inquiries whether its proposed rule on mandatory e-filing for certain multiemployer notices would affect notices to participants. The proposed rule only affects notices to PBGC.... [T]he proposed rule would require the following notices to be filed electronically with PBGC: notices of termination under part 4041A, notices of insolvency and of insolvency benefit level under parts 4245 and 4281, and applications for financial assistance under part 4281 ... Further, the proposed rule does not involve the Multiemployer Pension Reform Act of 2014 (MPRA). Comments on the proposed rule are due June 2, 2015." [May 20, 2015]  MORE >>

"Given the Appeals Court's decision that terminated plans are eligible for SFA, there is a significant risk that a majority of the 123 terminated/insolvent plans will apply for SFA, estimated to be $6 billion, that PBGC and other government entities had not anticipated. Further, within these payments several billion dollars in taxpayer funds may be wasted on repayments [from SFA funds] to PBGC [for loans previously granted as traditional financial assistance] ... PBGC also risks approval of plans' applications by default due to the volume and time needed to properly review applications." [Bd. of Trustees of the Bakery Drivers Local 550 and Industry Pension Fund v. PBGC, No. 23-7868 (2d Cir. Apr. 29, 2025)]  MORE >>

36 pages. "This final rule makes miscellaneous technical corrections, clarifications, updates, and improvements to several of the [PBGC's] regulations.... The major provisions of this rulemaking amend PBGC's regulations on:

• Premium Rates, by codifying the changes of the [SECURE Act] applicable to cooperative and small employer charity (CSEC) plans and certain community newspaper plans; 
• Payment of Premiums, by revising the due date for the final premium for terminating plans to be the earlier of the normal premium due date or 45 days after the date the post-distribution certification is filed;
• Termination of Single-Employer Plans, by setting due dates for the standard termination notice and notice of intent to terminate where the plan administrator has not provided a proposed termination date, and by adding additional criteria majority owners must meet to waive their benefits if they are owners through constructive ownership; and
• Termination of Multiemployer Plans, by eliminating a requirement for terminated and insolvent multiemployer plans to file withdrawal liability information."

[Also see subsequent Correcting Amendments]  MORE >>

"[PBGC] has received a request from the Motion Picture Laboratory Technicians and Film Editors Local 780 Pension Fund for approval of a plan amendment providing for special withdrawal liability rules.... [A] multiemployer pension plan may, with PBGC approval, be amended to provide for special withdrawal liability rules similar to those that apply to the construction and entertainment industries.... Before granting an approval, PBGC's regulations require PBGC to give interested persons an opportunity to comment on the request. The purpose of this notice is to advise interested persons of the request and to solicit their views on it."

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"The [PBGC] has updated the regulation governing allocation of assets in single-employer plans in 2026; it also has updated the mortality assumption for use with the missing participants program for determination dates in 2026.... The rule ... [substitutes] a new table for determining expected retirement ages for participants in pension plans undergoing distress or involuntary termination with valuation dates falling in 2026."  MORE >>

216 pages. "On July 9, 2021, PBGC issued an interim final rule setting forth the requirements for special financial assistance applications and related restrictions and conditions pursuant to the American Rescue Plan Act of 2021. PBGC is making changes to its regulation in response to public comments received on the interim final rule, with an additional opportunity for comment solely on the condition requiring a phased recognition of special financial assistance in a plan's determination of withdrawal liability....

"Part 4262 sets forth what information a plan is required to file to demonstrate eligibility for SFA and the amount of SFA to be paid by PBGC to the plan. The regulation identifies which plans will be given priority to file applications before March 11, 2023, and provides for a processing system to accommodate the filing and review of many applications in a limited amount of time. This part also establishes permissible investments of SFA funds and other restrictions and conditions on plans that receive SFA.

"PBGC is making changes in this final rule that revise part 4262, including changes to the SFA measurement date, the methodology to calculate SFA, permissible investments of SFA funds, the application of conditions on a plan that merges with a plan that receives SFA, and the withdrawal liability conditions that apply to a plan that receives SFA."  MORE >>

"On August 26, 2020, the [PBGC] published a final rule on guidance implementing an Executive order entitled 'Promoting the Rule of Law Through Improved Agency Guidance Documents,' and providing policy and requirements for issuing, modifying, withdrawing, and using guidance; making guidance available to the public; a notice and comment process for significant guidance; and taking and responding to petitions about guidance.... [T]his final rule rescinds PBGC's rule on guidance."

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"The Plan's proposed amendment would be effective for withdrawals occurring on or after January 1, 2017, and would create special withdrawal liability rules for employers contributing to the Plan whose employees work under a contract or subcontract with federal government agencies governed by the Service Contract Act ... provided that substantially all of the employees for whom the employer is required to make a contribution work under a service contract.... PBGC has determined that the plan amendment adopting the special withdrawal liability rules will apply only to an industry that has characteristics that would make the use of special withdrawal liability rules appropriate, and [2] will not pose a significant risk to the insurance system. Therefore, PBGC hereby grants the Plan's request[.]"  MORE >>

"The Rule largely adopts the proposed rule PBGC published in 2011... Specifically, the Rule [1] incorporates the definition of [unpredictable contingent event benefits (UCEB)] that is used under ERISA Section 206(g)(1)(C) and Treasury Regulation Section 1.436-1(j)(9); and [2] provides that PBGC's guarantee of UCEBs is phased-in from the latest of (i) the benefit provision's adoption date; (ii) the provision's effective date; or (iii) the date the [unpredictable contingent event] occurs.... PBGC will determine whether a benefit is a UCEB based on the facts and circumstances. The substance of the benefit, not what it is called, determines whether it will be considered a UCEB by PBGC. Also, the Rule clarifies that a UCEB does not cease to be a UCEB for phase-in purposes merely because the UCE has already occurred or its occurrence has become reasonably predictable."  MORE >>

"The April 3 proposed rules represent a departure from the PBGC's earlier position on these issues. In 2009, the PBGC proposed a set of rules that would have expanded reporting requirements and eliminated most waivers under section 4043. In response to concerns from the business community that such changes would burden plan sponsors unnecessarily when risks to pension plans were low, the PBGC withdrew this earlier set of proposed rules and formulated the new approach set forth in its most recent set of rules."  MORE >>