29 C.F.R. § 4010.8 Plan actuarial information.
Title 29 - Labor
(a) Required information. For each plan (other than an exempt plan) maintained by any member of the filer's controlled group, each filer is required to provide, in accordance with the instructions on the PBGC's website, the following actuarial information— (1) The number of— (i) Retired participants and beneficiaries receiving payments; (ii) Terminated vested participants, and (iii) Active participants; (2) The fair market value of the plan's assets; (3) The value of the plan's benefit liabilities, setting forth separately the value of the liabilities attributable to retired participants and beneficiaries receiving payments, terminated vested participants, and active participants, determined (in accordance with paragraph (d) of this section) at the end of the plan year ending within the filer's information year; (4) A description of the actuarial assumptions for interest (i.e., the specific interest rate(s), such as 5%), mortality, retirement age, and loading for administrative expenses, as used to determine the benefit liabilities in paragraph (a)(3) of this section; and (5) A copy of the actuarial valuation report for the plan year ending within the filer's information year that contains or is supplemented by the following information— (i) Each amortization base and related amortization charge or credit to the funding standard account (as defined in section 302(b) of ERISA or section 412(b) of the Code) for that plan year (excluding the amount considered contributed to the plan as described in section 302(b)(3)(A) of ERISA or section 412(b)(3)(A) of the Code), (ii) The itemized development of the additional funding charge payable for that plan year pursuant to section 412(l) of the Code, (iii) The minimum funding contribution and the maximum deductible contribution for that plan year, (iv) The actuarial assumptions and methods used for that plan year for purposes of section 302(b) and (d) of ERISA or section 412(b) and (l) of the Code (and any change in those assumptions and methods since the previous valuation and justifications for any change), (v) A summary of the principal eligibility and benefit provisions on which the valuation of the plan was based (and any changes to those provisions since the previous valuation), along with descriptions of any benefits not included in the valuation, any significant events that occurred during that plan year, and the plan's early retirement factors, (vi) The current liability, vested and nonvested, calculated pursuant to section 412 of the Code, setting forth separately the value of the liabilities attributable to retired participants and beneficiaries receiving payments, terminated vested participants, and active participants, (vii) The expected increase in current liability due to benefits accruing during the plan year, and (viii) The expected plan disbursements for the plan year; and (6) A written certification by an enrolled actuary that, to the best of his or her knowledge and belief, the actuarial information submitted is true, correct, and complete and conforms to all applicable laws and regulations, provided that this certification may be qualified in writing, but only to the extent the qualification(s) are permitted under 26 CFR 301.6059–1(d). (b) Alternative compliance for plan actuarial information. If any of the information specified in paragraph (a)(5) of this section is not available by the date specified in §4010.10(a), a filer may satisfy the requirement to provide such information by— (1) Including a statement, with the material that is submitted to the PBGC, that the filer will file the unavailable information by the alternative due date specified in §4010.10(b), and (2) Filing such information (along with a certification by an enrolled actuary under paragraph (a)(6) of this section) with the PBGC by that alternative due date. (c) Exempt plan. The actuarial information specified in this section is not required with respect to a plan that, as of the end of the plan year ending within the filer's information year, has fewer than 500 participants or has benefit liabilities (determined in accordance with paragraph (d) of this section) equal to or less than the fair market value of the plan's assets, provided that the plan— (1) Has received, on or within ten days after their due dates, all required installments or other payments required to be made during the information year under section 302 of ERISA or section 412 of the Code; and (2) Has no minimum funding waivers outstanding (as described in §4010.4(c) of this part) as of the end of the plan year ending within the information year. (d) Value of benefit liabilities. The value of a plan's benefit liabilities at the end of a plan year shall be determined using the plan census data described in paragraph (d)(1) of this section and the actuarial assumptions and methods described in paragraph (d)(2) or, where applicable, (d)(3) of this section. (1) Census data—(i) Census data period. Plan census data shall be determined (for all plans for any information year) either as of the end of the plan year or as of the beginning of the next plan year. (ii) Projected census data. If actual plan census data is not available, a plan may use a projection of plan census data from a date within the plan year. The projection must be consistent with projections used to measure pension obligations of the plan for financial statement purposes and must give a result appropriate for the end of the plan year for these obligations. For example, adjustments to the projection process will be required where there has been a significant event (such as a plan amendment or a plant shutdown) that has not been reflected in the projection data. (2) Actuarial assumptions and methods. The value of benefit liabilities shall be determined using the assumptions and methods applicable to the valuation of benefits to be paid as annuities in trusteed plans terminating at the end of the plan year (as prescribed in §§4044.51 through 4044.57 of this chapter). (3) Special actuarial assumptions for exempt plan determination. Solely for purposes of determining whether a plan is an exempt plan, the value of benefit liabilities may be determined by substituting for the retirement age assumptions in paragraph (d)(2) the retirement age assumptions used by the plan for that plan year for purposes of section 302(d) of ERISA or section 412(l) of the Code. [61 FR 34022, July 1, 1996, as amended at 70 FR 11545, Mar. 9, 2005]
Title 29: Labor
PART 4010—ANNUAL FINANCIAL AND ACTUARIAL INFORMATION REPORTING
§ 4010.8 Plan actuarial information.
