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Posted

Company applied for a Distress Termination under the business continuation test. PBGC approved termination in 2013 and has assumed Trusteeship with a Plan termination date of 2012. PBGC has not yet demanded payment for unpaid contributions and unfunded liabilitiy, but has sent a package asking them to complete the form for termination premium payments.

If there is now a transaction with the company that would be a PBGC reportable event, is there still an obligaton to report? The purpose of reportable events is to give the PBGC warning that a distress termination might occur. Here it already has. But I don't see any exception - is there one?

Company was not in bankruptcy at the date of termination, has not filed since, and is not intending to file for bankruptcy.

  • 1 year later...
Posted

Although no one replied to your question, do you have anything to share about what happened w/r/t this Reportable Event?

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

Posted

As I recall - and it was quite a while back now, the termination premiums were not paid and the company ended up filing for bankruptcy in the end. There was no notice specifically provided to PBGC of any reportable transaction in connection with the sale of assets of the company. The sale was conducted within the bankruptcy proceedings and PBGC as a creditor received notices throughout the process.

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