Review of the PBGC’s Final Rule on the Special Financial Assistance Program

PLI [Practising Law Institute]

On July 8, 2022, the PBGC published its final rule (“Final Rule”) on the Special Financial Assistance (“SFA”) Program established under the American Rescue Plan Act of 2021. The Final Rule contains a number of significant developments and amendments from the interim final rule (“IFR”), including expanding investment options for SFA assets, providing for separate interest rate assumptions for SFA and non-SFA assets, and adding new rules to “phase-in” recognition of SFA assets for withdrawal liability purposes.

In this program, you will hear from Employee Benefits partner Seong Kim and Labor Employment partner Ronald J. Kramer, both from Seyfarth Shaw LLP, who will provide a brief update on the SFA Program to date, review the significant differences between the Final Rule and the IFR, and discuss how these changes may impact multiemployer plans seeking to participate in the SFA Program.  The discussion will be moderated by Arthur H. Kohn, General Counsel – ERISA, Compensation and Benefits at Citigroup Inc.

Specific issues to be addressed include:

• Overview of the SFA Program and SFA applications to date - 15 minutes
• Adjustments to the SFA application process - 5 minutes
• Changes to interest rate assumptions and investment rules for SFA assets - 10 minutes
• Rule changes regarding MPRA Plans – 5 minutes
• Benefit increases, mergers, transfers of assets from pension to health plans – 10 minutes
• Changes regarding withdrawal liability – 10 minutes
• Impact of Final Rule – 5 minutes

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