Can a governmental DB Plan elect to be covered by the PBGC?

[EGB]

Can a governmental DB Plan elect to be covered by the PBGC? This is a to-be-established DB plan that, though the sponsor is govermental, wants to "elect" into ERISA coverage and wants to be covered by the PBGC. Can this be done? Thanks for any comments.

[mbozek]

Under ERISA section 4021(B) all govermental plans are exempt from PBGC. There is no provision for govt plans to waive the exemption as there is for church plans.

[david rigby]

I wonder about someone who is looking for ways to increase administrative expense.

We once had a client that thought they were PBGC covered, then "discovered" they were a governmental employer. The plan sponsor provided legal and auditor opinions of this and asked the PBGC for a refund of premiums. The PBGC paid, including retroactive years.