"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 >>
"This rule amends the [PBGC's] regulation on Allocation of Assets in Single-Employer Plans by substituting a new table for determining expected retirement ages for participants in pension plans undergoing distress or involuntary termination with valuation dates falling in 2026. This table is needed to compute the value of early retirement benefits and, thus, the total value of benefits under a plan. This rule also provides the mortality assumption for use with PBGC's missing participants program for determination dates in 2026." MORE >>
The final installment of PBGC’s 2023 Pension Insurance Data Tables is now available. This installment includes various breakdowns of the number of PBGC-insured defined benefit plans, number of plan participants, hybrid plans, frozen plans, premium revenue, plan funding, and risk transfer activity. Some of the breakdowns are by industry, location, plan size, and plan funded status. This year’s Data Tables have been revised by consolidating/removing certain tables. MORE >>
23 pages. "During this first year, my office focused on information gathering and knowledge sharing.... We will build on the work of the previous Advocate and ensure we have a deep understanding of the mechanisms and operational aspects of PBGC's work while continually building our capacity to serve PBGC's participant and plan sponsor customers.... Many of the Office of the Advocate's activities this year focused on internal processes and education: connecting and collaborating with relevant PBGC offices, ensuring we understand and have access to the technology and tools used by PBGC business areas, and creating synergies that allow my office to be more responsive and effective to customers." MORE >>
"The PBGC e-Filing Portal has been updated to make filing easier for practitioners. You can now submit: Standard termination filings, including those with missing participants, and Coverage determination request forms. These enhancements expand the types of filings available through the Portal and are designed to simplify the process for plan administrators and practitioners." MORE >>
PBGC table showing the present values applicable to benefits with annuity starting dates in 2026. A two-column spreadsheet version of the table is also available for convenient copying. MORE >>
17 pages. "[T]he PBGC's disavowal of federal protection for retirees after pension risk transfers was never authorized by Congress and conflicts with both the statute and the PBGC's own 1981 position. The authors trace the legal history, legislative intent, and policy implications demonstrating that the law already requires PBGC guarantees to continue even after pension benefits are annuitized. Their analysis calls on regulators and courts to restore this 'forgotten promise' to strengthen the integrity of the U.S. pension system." MORE >>
"As a result of the indexing rules under federal law, the guarantee limits for single-employer plans that terminate in 2026 will be 4.82% higher than the limits that applied for 2025." MORE >>
"Both the single-employer and multiemployer plan rates have increased. [A chart] shows the rates in effect for plan years beginning in 2024, 2025, and 2026." MORE >>
PBGC has determined the premium rates applicable for plan years beginning in 2026 in accordance with the indexing rules provided in section 4006 of ERISA. MORE >>
"The U.S. Senate on Oct. 7 confirmed Janet Dhillon to serve as the Director of the [PBGC]. She will serve a 5-year term. Dhillon was one of 107 nominees whose en banc confirmation for a variety of offices came on the evening of Oct. 7 in a 51-47 vote." MORE >>
"Currently, all critical requirements for retirement plans, including Form 5500 deadlines, remain unchanged during the shutdown. However, due to limited staffing, processing times may be slower than usual. [The PBGC] remains open and operational ... All regulatory and research activities are on hold, which may delay updates to provisions within SECURE 2.0. Routine [DOL] investigations, audits, and enforcement actions have also ceased and will not resume until the government reopens.... [T]he announcement of Cost-of-Living Adjustments is likely to be delayed." MORE >>
"On August 15, 2025, PBGC published a final rule that made improvements to its regulation on termination of single-employer plans. PBGC explained in the preamble of the final rule that it was amending the criteria majority owners must meet to waive their benefits by modifying its application of the constructive ownership rules.... PBGC is making a technical correction to clarify that individuals who are majority owners through constructive ownership must meet all of the requirements under Section 4041.21(b)(2)."MORE >>
12 pages. "Although the PBGC routinely performs death matches using the SSA's DMF, the Director sought to determine whether the OIG had access to additional resources that could help identify deceased individuals not captured by the DMF -- particularly participants within the old cohort aged 100 or older.... A review of the Single-Employer Program's participant data revealed that PBGC made improper pension payments to six deceased individuals that might have been prevented if it had used Treasury's DNP system as a verification tool." MORE >>
BenefitsLink note: DOL initially released this Regulatory Agenda in error on Aug. 15, 2025. See BenefitsLink summary of final Agenda publicly released on Sep. 4, 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."
"PBGC OIG investigated the Trucking Employees of North Jersey and determined the plan included 89 deceased participants among the more than 6,100 plan participants used in the plan's SFA application.... [B]ecause of the inclusion of deceased participants, the Trucking Employees of North Jersey's SFA payment was overstated by approximately $7.6 million. The Board of Trustees for the Trucking Employees of North Jersey fully cooperated with PBGC OIG's investigation and voluntarily repaid the entirety of the excess SFA funds on July 2, 2025." MORE >>
"The Office of the Inspector General has announced that it is about to begin an examination of PBGC oversight of small, single-employer pension plans.... The OIG is conducting the review in order to determine if the PBGC adequately reviewed trusteed small, single-employer pension plans." MORE >>
"Objective: To determine if PBGC adequately reviewed trusteed small, single- employer pension plans. Entrance conference discussion topics: [1] What is PBGC's process for identifying and processing potential fiduciary breach or related fraud cases? [2] What threshold does PBGC use to define small, single-employer plans? [3] How do PBGC's processes for trusteeing plans through final benefit determinations differ for small plans compared to other plans?" MORE >>
"Originally, terminated pension plans were not expected to qualify for special financial assistance ... The recent ruling reinterpreted that restriction, allowing previously excluded terminated and insolvent plans to resubmit applications.... [An] estimated 123 terminated plans, many with extensive outstanding liabilities, could ... cost approximately $6 billion, including $3.5 billion to repay the PBGC's earlier loans to approximately 91 terminated plans, which the inspector general's letter described as a potential waste." [Bd. of Trustees of the Bakery Drivers Local 550 and Industry Pension Fund v. PBGC, No. 23-7868 (2d Cir. Apr. 29, 2025)] 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 >>
"Overall, the FY 2026 budget requests $181 million, compared to $191 million for FY 2025. The total full-time employee count would drop from 687 to 640 for FY 2026. Additionally, the [PBGC] is requesting $18 million less in administrative expenses or the equivalent of 85 full-time employees." MORE >>
"At her confirmation hearing before the Senate Finance Committee on June 3, Janet Dhillon -- nominated by President Trump on March 10 to be the new Director of the [PBGC] -- addressed committee members' questions and pledged to work with Congress in pursuing the agency's mission." MORE >>
"[T]he Senate Health, Education, Labor, and Pensions (HELP) Committee voted to favorably report the nomination of Janet Dhillon to serve as the Director of the [PBGC] by a vote of 12-11.... [Chairman Sen. Cassidy said,] 'We need a fresh perspective leading PBGC. Someone who will reform the agency to better serve the American people. Ms. Dhillon is committed to this mission.... Ms. Dhillon's experience and strong vision make her the right person to get PBGC back on track.' " MORE >>