29 C.F.R. § 4043.25   Failure to make required minimum funding payment.


Title 29 - Labor


Title 29: Labor
PART 4043—REPORTABLE EVENTS AND CERTAIN OTHER NOTIFICATION REQUIREMENTS
Subpart B—Post-Event Notice of Reportable Events

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§ 4043.25   Failure to make required minimum funding payment.

(a) Reportable event. A reportable event occurs when a required installment or a payment required under section 302 of ERISA or section 412 of the Code (including a payment required as a condition of a funding waiver) is not made by the due date for the payment. In the case of a payment needed to avoid a deficiency in the plan's funding standard account, the due date is the latest date such payment may be made under section 302(c)(10)(A) of ERISA or section 412(c)(10)(A) of the Code.

(b) Initial information required. In addition to the information in §4043.3(b), the notice shall include—

(1) The due date and amount of the required minimum funding payment that was not made and of the next payment due;

(2) The name of each member of the plan's controlled group and its ownership relationship to other members of that controlled group; and

(3) For each other plan maintained by any member of the plan's controlled group, identification of the plan and its contributing sponsor(s) by name and EIN/PN or EIN, as appropriate.

(c) Waiver. Notice is waived if the required minimum funding payment is made by the 30th day after its due date.

(d) Form 200 filed. If, with respect to the same failure, a Form 200 has been completed and submitted in accordance with §4043.81, the Form 200 filing shall satisfy the requirements of this section.

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