29 C.F.R. § 4281.44 Contents of notices of insolvency and annual updates.
Title 29 - Labor
(a) Notice of insolvency to the PBGC. A notice of insolvency required under §4281.43(a) to be filed with the PBGC shall contain the following information: (1) The name of the plan. (2) The name, address, and telephone number of the plan sponsor and of the plan sponsor's duly authorized representative, if any. (3) The nine-digit Employer Identification Number (EIN) assigned by the IRS to the plan sponsor and the three-digit Plan Number (PN) assigned by the plan sponsor to the plan, and, if different, the EIN or PN last filed with the PBGC. If no EIN or PN has been assigned, the notice shall so state. (4) The IRS Key District that has jurisdiction over determination letters with respect to the plan. (5) The case number assigned by the PBGC to the filing of the plan's notice of termination pursuant to part 4041A, subparts A and B, of this chapter. (6) The plan year for which the plan sponsor has determined that the plan is or may be insolvent. (7) A copy of the plan document currently in effect, i.e., a copy of the last restatement of the plan and all subsequent amendments. However, if a copy of the plan document was submitted to the PBGC with a previous filing, only subsequent plan amendments need be submitted, and the notice shall state when the copy of the plan document was filed. (8) A copy of the most recent actuarial valuation for the plan (i.e., the most recent report submitted to the plan in connection with a valuation of plan assets and liabilities, which shall be performed in accordance with subpart B of this part). If the actuarial valuation was previously submitted to the PBGC, it may be omitted, and the notice shall state the date on which the document was filed and that the information is still accurate and complete. (9) The estimated amount of annual benefit payments under the plan (determined without regard to the insolvency) for the insolvency year. (10) The estimated amount of the plan's available resources for the insolvency year. (11) The estimated amount of the annual benefits guaranteed by the PBGC for the insolvency year. (12) A statement indicating whether the notice of insolvency is the result of an insolvency determination under §4041A.25 (a) or (b). (13) A certification, signed by the plan sponsor or its duly authorized representative, that notices of insolvency have been given to all plan participants and beneficiaries in accordance with this part. (b) Notice of insolvency to participants and beneficiaries. A notice of insolvency required under §4281.43(a) to be issued to plan participants and beneficiaries shall contain the following information: (1) The name of the plan. (2) A statement of the plan year for which the plan sponsor has determined that the plan is or may be insolvent. (3) A statement that benefits above the amount that can be paid from available resources or the level guaranteed by the PBGC, whichever is greater, will be suspended during the insolvency year, with a brief explanation of which benefits are guaranteed by the PBGC. (4) The name, address, and telephone number of the plan administrator or other person designated by the plan sponsor to answer inquiries concerning benefits. (c) Annual update to the PBGC. Each annual update required by §4281.43(b) to be filed with the PBGC shall contain the following information: (1) The case number assigned by the PBGC to the filing of the plan's notice of termination pursuant to part 4041A, subparts A and B, of this chapter. (2) A copy of the annual update to plan participants and beneficiaries, as described in paragraph (d) of this section, for the plan year. (3) A statement indicating whether the annual update is the result of an insolvency determination under §4041A.25(a) or (b). (4) A certification, signed by the plan sponsor or a duly authorized representative, that the annual update has been given to all plan participants and beneficiaries in accordance with this part. (d) Annual updates to participants and beneficiaries. Each annual update required by §4281.43(b) to be issued to plan participants and beneficiaries shall contain the following information: (1) The name of the plan. (2) The date the notice of insolvency was issued and the insolvency year identified in the notice. (3) The plan year to which the annual update pertains and the plan sponsor's determination whether the plan may be insolvent in that year. (4) If the plan may be insolvent for the plan year, a statement that benefits above the amount that can be paid from available resources or the level guaranteed by the PBGC, whichever is greater, will be suspended during the insolvency year, with a brief explanation of which benefits are guaranteed by the PBGC. (5) If the plan will not be insolvent for the plan year, a statement that full nonforfeitable benefits under the plan will be paid. (6) The name, address, and telephone number of the plan administrator or other person designated by the plan sponsor to answer inquiries concerning benefits.
Title 29: Labor
PART 4281—DUTIES OF PLAN SPONSOR FOLLOWING MASS WITHDRAWAL
Subpart D—Benefit Suspensions
§ 4281.44 Contents of notices of insolvency and annual updates.
