cfr_sections
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17 rows where part_number = 4262 and title_number = 29 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 29:29:9.1.4.22.38.0.25.1 | 29 | Labor | XL | J | 4262 | PART 4262—SPECIAL FINANCIAL ASSISTANCE BY PBGC | § 4262.1 Purpose. | PBGC | The purpose of this part is to prescribe rules governing applications for special financial assistance under section 4262 of ERISA and related requirements. | ||||||
| 29:29:9.1.4.22.38.0.25.10 | 29 | Labor | XL | J | 4262 | PART 4262—SPECIAL FINANCIAL ASSISTANCE BY PBGC | § 4262.10 Processing applications. | PBGC | (a) In general. Any application for special financial assistance for an eligible multiemployer plan must be filed by the plan sponsor in accordance with the provisions of this part and the special financial assistance instructions on PBGC's website at www.pbgc.gov. (b) Method of filing. An application filed with PBGC under this part must be made electronically in accordance with the rules in part 4000 of this chapter. The time period for filing an application under this part must be computed under the rules in subpart D of part 4000 of this chapter. (c) Where to file. (1) An application filed with PBGC under this part must be filed as described in § 4000.4 of this chapter. (2) Section 432(k)(1)(D) of the Code requires an application in a priority group under paragraph (d)(2) of this section to be submitted to the Secretary of the Treasury. If the requirement in the preceding sentence applies to an application, PBGC will transmit the application to the Department of the Treasury on behalf of the plan. (d) When to file. Any initial application for special financial assistance must be filed by December 31, 2025, and any revised application or supplemented application must be filed by December 31, 2026. Any application other than a plan's initial application or a supplemented application is a revised application regardless of whether it differs from the initial application or supplemented application. (1) Processing system. To accommodate expeditious processing of many special financial assistance applications in a limited time period: (i) The number of applications accepted for filing will be limited in such manner that, in PBGC's estimation, each application can be processed within 120 days. (ii) Plans specified in paragraph (d)(2) of this section will be given priority to file an application before plans not specified in paragraph (d)(2) of this section. Plans not specified in paragraph (d)(2) of this section may not file an application before March 11, 2023. (iii) Notices on PBGC's website at … | ||||||
| 29:29:9.1.4.22.38.0.25.11 | 29 | Labor | XL | J | 4262 | PART 4262—SPECIAL FINANCIAL ASSISTANCE BY PBGC | § 4262.11 PBGC action on applications. | PBGC | (a) In general. Within 120 days after the date an initial, revised, or supplemented application for special financial assistance is properly and timely filed, PBGC will— (1) Approve the application and notify the plan sponsor of the payment of special financial assistance in accordance with § 4262.12; or (2) Deny the application because— (i) The application is incomplete, and notify the plan sponsor of the missing information; or (ii) An assumption is unreasonable, a proposed change in assumption is individually unreasonable, or the proposed changed assumptions are unreasonable in the aggregate, and notify the plan sponsor of the reasons for the determination; or (iii) The plan is not an eligible multiemployer plan, and notify the plan sponsor of the reasons the plan fails to be eligible for special financial assistance; or (3) Fail to act on the application, in which case the application is deemed approved, and notify the plan sponsor of the payment of special financial assistance in accordance with § 4262.12. (b) Incomplete application. PBGC will consider an application incomplete under paragraph (a)(2)(i) of this section unless the application accurately includes the information required to be filed under this part and the special financial assistance instructions on PBGC's website at www.pbgc.gov, including any additional information that PBGC requires under § 4262.6(d). (c) Application base data. For an eligible plan other than a plan described in § 4262.4(g)— (1) A plan's base data are— (i) The plan's SFA measurement date as defined under § 4262.2; (ii) The plan's participant census data as required to be used under § 4262.4(d); and (iii) The plan's non-SFA interest rate and SFA interest rate as determined under § 4262.4(e)(1) and (2). (2) A plan's base data are fixed by the date the eligible plan's initial application for special financial assistance is filed and must be used for any revised application for the plan. If the plan was not eligible for special financial assistance on such… | ||||||
| 29:29:9.1.4.22.38.0.25.12 | 29 | Labor | XL | J | 4262 | PART 4262—SPECIAL FINANCIAL ASSISTANCE BY PBGC | § 4262.12 Payment of special financial assistance. | PBGC | (a) Amount of special financial assistance under this part. The amount of special financial assistance to be paid by PBGC to or for a plan for which either an initial or a revised application for special financial assistance is filed on or after August 8, 2022, will be the total of— (1) The amount required as demonstrated by the plan sponsor on the application for such special financial assistance, determined under § 4262.4 as of the SFA measurement date; plus (2) Interest on the amount in paragraph (a)(1) of this section from the SFA measurement date to the SFA payment date at a rate equal to the interest rate required under § 4262.4(e)(2); plus (3) The amount owed to PBGC under section 4261 of ERISA determined as of the SFA payment date; minus (4) Financial assistance payments under section 4261 of ERISA received by the plan between the SFA measurement date and the SFA payment date, with interest on each such financial assistance payment from the date thereof to the SFA payment date calculated at a rate equal to the interest rate required under § 4262.4(e)(2). (b) Amount of special financial assistance under the interim provisions of this part. The amount of special financial assistance to be paid by PBGC to or for a plan for which neither an initial nor a revised application for special financial assistance is filed on or after August 8, 2022 and there has not been any previous payment of special financial assistance, and where a plan's application has not been supplemented, will be the total of— (1) The amount required as demonstrated by the plan sponsor on the application for such special financial assistance, determined under § 4262.4 (under the terms of this part as in effect before August 8, 2022) as of the SFA measurement date; plus (2) Interest on the amount in paragraph (b)(1) of this section from the SFA measurement date to the SFA payment date at a rate equal to the interest rate required under § 4262.4(e)(1); plus (3) The amount owed to PBGC under section 4261 of ERISA determined as of t… | ||||||
| 29:29:9.1.4.22.38.0.25.13 | 29 | Labor | XL | J | 4262 | PART 4262—SPECIAL FINANCIAL ASSISTANCE BY PBGC | § 4262.13 Restrictions on special financial assistance. | PBGC | (a) In general. A plan that receives special financial assistance must be administered in accordance with the restrictions in this section and in § 4262.14. (b) Restrictions and use of SFA. Special financial assistance received, and any earnings thereon— (1) May be used by the plan only to make benefit payments and pay administrative expenses; (2) Must be segregated from other plan assets as described in § 4262.14(a); (3) May be used before other plan assets are used to make benefit payments and pay administrative expenses; and (4) Must be invested in investment grade bonds or other investments as permitted by PBGC in § 4262.14. | ||||||
| 29:29:9.1.4.22.38.0.25.14 | 29 | Labor | XL | J | 4262 | PART 4262—SPECIAL FINANCIAL ASSISTANCE BY PBGC | § 4262.14 Permissible investments of special financial assistance. | PBGC | (a) A plan that receives special financial assistance must segregate special financial assistance assets and earnings thereon (“amounts attributable to special financial assistance”) in an account that is separate from the plan's non-special financial assistance assets and that is invested consistent with the investment requirements of this section. (b) Permissible investments for amounts attributable to special financial assistance are— (1) Investments in return-seeking assets as described under paragraph (c) of this section, not to exceed 33 percent of amounts attributable to special financial assistance measured using fair market value as of— (i) Each day the plan purchases return-seeking assets, other than through the automatic re-purchase of capital gains and reinvestment of dividends; and (ii) At least one day during every rolling period of 12 consecutive months beginning from the date the plan receives special financial assistance. (2) Investments in investment grade fixed income securities and cash as described in paragraph (d) of this section for all other amounts attributable to special financial assistance. (c) For purposes of this section, investments in return-seeking assets are investments in— (1) Common stock that is denominated in U.S. dollars and registered under section 12(b) of the Securities Exchange Act of 1934. (2) Shares held in a permissible fund vehicle described in paragraph (g) of this section that abides by an investment policy that restricts investment predominantly to equity securities registered under section 12(b) of the Securities Exchange Act of 1934, U.S. Treasury securities with less than one year to maturity date, cash and cash equivalents described in paragraph (d)(5) of this section, and money market funds described in paragraph (d)(6) of this section. (3) A debt security that has been resold in an offering pursuant to 17 CFR 230.144A (Rule 144A under the Securities Act of 1933), is investment grade as described under paragraph (f) of this section, and has not bee… | ||||||
| 29:29:9.1.4.22.38.0.25.15 | 29 | Labor | XL | J | 4262 | PART 4262—SPECIAL FINANCIAL ASSISTANCE BY PBGC | § 4262.15 Reinstatement of benefits previously suspended. | PBGC | (a) In accordance with guidance issued by the Secretary of the Treasury under section 432(k) of the Code, a plan with benefits that were suspended under section 305(e)(9) or 4245(a) of ERISA must: (1) Reinstate any benefits that were suspended for participants and beneficiaries effective as of the first month in which the special financial assistance is paid to the plan; and (2) Make payments equal to the amounts of benefits previously suspended to any participants or beneficiaries who are in pay status as of the date that the special financial assistance is paid. (b) A plan must make the payments in paragraph (a)(2) of this section either in: (1) A single lump sum no later than 3 months after the date that the special financial assistance is paid to the plan; or (2) Equal monthly installments over a period of 5 years, with the first installment paid no later than 3 months after the date that the special financial assistance is paid to the plan, with no installment payment adjusted for interest. (c) The plan sponsor of a plan with benefits that were suspended under section 305(e)(9) or 4245(a) of ERISA must issue a notice of reinstatement to participants and beneficiaries whose benefits were previously suspended and then reinstated in accordance with section 4262(k) of ERISA and section 432(k) of the Code. The requirements for the notice are in notice of reinstatement instructions available on PBGC's website at www.pbgc.gov. | ||||||
| 29:29:9.1.4.22.38.0.25.16 | 29 | Labor | XL | J | 4262 | PART 4262—SPECIAL FINANCIAL ASSISTANCE BY PBGC | § 4262.16 Conditions for special financial assistance. | PBGC | [87 FR 41006, July 8, 2022, as amended at 88 FR 4905, Jan. 26, 2023; 88 FR 76664, Nov. 7, 2023; 89 FR 48309, June 6, 2024; 90 FR 39329, Aug. 15, 2025] | (a) In general. A plan that receives special financial assistance must be administered in accordance with the conditions in this section. (b) Benefit increases. This paragraph (b) applies to benefits and benefit increases described in section 4022A(b)(1) of ERISA without regard to the time the benefit or benefit increase has been in effect. This paragraph (b) does not apply to the reinstatement of benefits that were suspended under section 305(e)(9) or 4245(a) of ERISA (as provided under § 4262.15) or a restoration of benefits under 26 CFR 1.432(e)(9)-1(e)(3). (1) Retrospective. A benefit or benefit increase must not be adopted during the SFA coverage period if it is in whole or in part attributable to service accrued or other events occurring before the adoption date of the amendment. (2) Prospective. A benefit or benefit increase must not be adopted during the SFA coverage period unless— (i) The plan actuary certifies that employer contribution increases projected to be sufficient to pay for the benefit increase have been adopted or agreed to; and (ii) Those increased contributions were not included in the determination of the special financial assistance. (3) Request for exception. No earlier than 10 years after the end of the plan year in which the plan receives payment of special financial assistance under § 4262.12, the plan sponsor may request approval from PBGC for an exception from the conditions under paragraphs (b)(1) and (2) of this section by demonstrating to the satisfaction of PBGC that, taking into account the value of the proposed benefit or benefit increase, the plan will avoid insolvency. A request for PBGC approval of a proposed benefit or benefit increase must be submitted by the plan sponsor or its duly authorized representative and must contain all of the following identifying, actuarial, and financial information: (i) Name, address, email, and telephone number of the plan sponsor and the plan sponsor's authorized representatives, if any. (ii) The nine-digit employer ident… | |||||
| 29:29:9.1.4.22.38.0.25.17 | 29 | Labor | XL | J | 4262 | PART 4262—SPECIAL FINANCIAL ASSISTANCE BY PBGC | § 4262.17 Other provisions. | PBGC | (a) Special financial assistance is not capped by the guarantee under section 4022A of ERISA. (b) A plan that receives special financial assistance must continue to pay premiums due under section 4007 of ERISA for participants and beneficiaries in the plan. (c) A plan that receives special financial assistance is deemed to be in critical status within the meaning of section 305(b)(2) of ERISA until the last day of the last plan year ending in 2051. (d) A plan that receives special financial assistance and subsequently becomes insolvent under section 4245 of ERISA will be subject to the rules and guarantee for insolvent plans in effect when the plan becomes insolvent. (e) A plan that receives special financial assistance is not eligible to apply for a suspension of benefits under section 305(e)(9) of ERISA. (f) A plan that receives special financial assistance and meets the eligibility requirements for partition of the plan under section 4233(b) of ERISA may apply for partition. (g) If any provision in this part is held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, or stayed pending further agency action, the provision will be construed so as to continue to give the maximum effect to the provision permitted by law, unless such holding will be one of utter invalidity or unenforceability, in which event the provision will be severable from this part. | ||||||
| 29:29:9.1.4.22.38.0.25.2 | 29 | Labor | XL | J | 4262 | PART 4262—SPECIAL FINANCIAL ASSISTANCE BY PBGC | § 4262.2 Definitions. | PBGC | The following terms are defined in § 4001.2 of this chapter: Code, controlled group, ERISA, fair market value, IRS, multiemployer plan, PBGC, plan, and plan sponsor. In addition, for purposes of this part: Form 5500 means the Annual Return/Report of Employee Benefit Plan required to be filed for employee benefit plans under sections 104 and 4065 of ERISA and sections 6058(a) and 6059(b) of the Code. Merged plan means merged plan as defined in § 4231.2 of this chapter. Merger means merger as defined in § 4231.2 of this chapter. SFA coverage period means the period beginning on the plan's SFA measurement date and ending on the last day of the last plan year ending in 2051. SFA measurement date for a plan other than a plan described in § 4262.4(g) means the last day of the third calendar month immediately preceding the date the plan's initial application for special financial assistance was filed. Special financial assistance or SFA means special financial assistance from PBGC under section 4262 of ERISA. Transfer and transfer of assets or liabilities means transfer and transfer of assets or liabilities as defined in § 4231.2 of this chapter. | ||||||
| 29:29:9.1.4.22.38.0.25.3 | 29 | Labor | XL | J | 4262 | PART 4262—SPECIAL FINANCIAL ASSISTANCE BY PBGC | § 4262.3 Eligibility for special financial assistance. | PBGC | (a) In general. Subject to all the provisions of this section, a multiemployer plan is eligible for special financial assistance in any of the following cases: (1) Critical and declining status plans. The plan is in critical and declining status within the meaning of section 305(b)(6) of ERISA for the specified year; or (2) Plans with a suspension of benefits. A suspension of benefits has been approved with respect to the plan under section 305(e)(9) of ERISA as of March 11, 2021; or (3) Critical status plans. The plan: (i) Is certified to be in critical status within the meaning of section 305(b)(2) of ERISA for a specified year; and (ii) The percentage calculated under paragraph (c)(2) of this section was less than 40 percent; and (iii) The ratio of the total number of active participants at the end of the plan year required to be entered on the Form 5500 that was required to be filed for a specified year to the sum of inactive participants (retired or separated participants receiving benefits, other retired or separated participants entitled to future benefits, and deceased participants whose beneficiaries are receiving or are entitled to receive benefits) required to be entered on such Form 5500 was less than 2 to 3; or, the ratio of the total number of active participants at the beginning of the plan year required to be entered on Form 5500 Schedule MB that was required to be filed for a specified year to the sum of inactive participants (retired participants and beneficiaries receiving payment and terminated vested participants) required to be entered on such Form 5500 Schedule MB was less than 2 to 3. (4) Insolvent plans. The plan became insolvent for purposes of section 418E of the Code after December 16, 2014, and has remained insolvent and has not terminated under section 4041A of ERISA as of March 11, 2021. (b) Specified year. For purposes of this section, the term specified year means a plan year specified by the plan sponsor beginning in 2020, 2021, or 2022. The specified years … | ||||||
| 29:29:9.1.4.22.38.0.25.4 | 29 | Labor | XL | J | 4262 | PART 4262—SPECIAL FINANCIAL ASSISTANCE BY PBGC | § 4262.4 Amount of special financial assistance. | PBGC | (a) In general —(1) Plans other than MPRA plans. Subject to paragraph (f) of this section and to the adjustment for the date of payment as described in § 4262.12, the amount of special financial assistance for a plan that is not a MPRA plan is the lowest whole dollar amount (not less than $0) for which, as of the last day of each plan year during the SFA coverage period, projected SFA assets and projected non-SFA assets are both greater than or equal to zero. (2) MPRA plans. Subject to paragraph (f) of this section and to the adjustment for the date of payment as described in § 4262.12, the amount of special financial assistance for a MPRA plan is the greatest of the amount determined under paragraph (a)(1) of this section, the amount determined under paragraph (a)(2)(i) of this section, and the amount determined under paragraph (a)(2)(ii) of this section. (i) The amount determined under this paragraph (a)(2)(i) is the lowest whole dollar amount (not less than $0) for which, as of the last day of each plan year during the SFA coverage period, projected SFA assets and projected non-SFA assets are both greater than or equal to zero, and, as of the last day of the SFA coverage period, the sum of projected SFA assets and projected non-SFA assets is greater than the amount of such sum as of the last day of the immediately preceding plan year. (ii) The amount determined under this paragraph (a)(2)(ii) is the present value of benefits paid and expected to be paid by the plan during the SFA coverage period attributable to the reinstatement of benefits under § 4262.15(a)(1), payment of previously suspended benefits under § 4262.15(a)(2), and any restoration of benefits under 26 CFR 1.432(e)(9)-1(e)(3), calculated using the SFA interest rate under paragraph (e)(2) of this section. (3) MPRA plan definition. For purposes of this section, MPRA plan means a plan that is eligible for special financial assistance under § 4262.3(a)(2). (b) Projected SFA assets. The amount of projected SFA assets for a plan is dete… | ||||||
| 29:29:9.1.4.22.38.0.25.5 | 29 | Labor | XL | J | 4262 | PART 4262—SPECIAL FINANCIAL ASSISTANCE BY PBGC | § 4262.5 PBGC review of plan assumptions. | PBGC | (a) In general. (1) As set forth in § 4262.3(d)(1), PBGC will accept the assumptions used by a plan to determine eligibility for special financial assistance under § 4262.3(d)(1) unless PBGC determines that such assumptions are clearly erroneous. (2) PBGC will accept the assumptions used by a plan to determine eligibility for special financial assistance under § 4262.3(d)(2) or to determine the amount of special financial assistance under § 4262.4(e)(3) unless PBGC determines that an assumption is unreasonable. (3) PBGC will accept a plan's changes in assumptions under paragraph (c) of this section except to the extent that PBGC determines that an assumption is individually unreasonable, or the proposed changed assumptions are unreasonable in the aggregate. (b) Reasonableness of assumptions. (1) Each of the actuarial assumptions and methods used for the actuarial projections (excluding the interest rate assumptions under § 4262.4(e)(1) and (2)) must be reasonable in accordance with generally accepted actuarial principles and practices, taking into account the experience of the plan and reasonable expectations. The actuary's selection of assumptions about future covered employment and contribution levels (including contribution base units and contribution rates) may be based on information provided by the plan sponsor, which must act in good faith in providing the information. (2) If a plan has a change in assumptions under paragraph (c) of this section, each of the actuarial assumptions and methods (other than the interest rate assumptions under § 4262.4(e)(1) and (2)) must be reasonable and the combination of those actuarial assumptions and methods (excluding the interest rate assumptions under § 4262.4(e)(1) and (2)) must also be reasonable. (c) Changes in assumptions. If a plan determines that use of an assumption described in § 4262.3(d)(2) or § 4262.4(e)(3) is unreasonable, the plan's application may include a proposed change in the assumptions (excluding the plan's interest rate assumptions under… | ||||||
| 29:29:9.1.4.22.38.0.25.6 | 29 | Labor | XL | J | 4262 | PART 4262—SPECIAL FINANCIAL ASSISTANCE BY PBGC | § 4262.6 Information to be filed. | PBGC | (a) In general. An application for special financial assistance must include the information specified in this section and §§ 4262.7 (plan information) and 4262.8 (actuarial and financial information); a copy of the executed plan amendment required under paragraph (e)(1) of this section; a copy of the proposed plan amendment required under paragraph (e)(2) of this section; and a completed checklist and other information as described in the special financial assistance instructions on PBGC's website at www.pbgc.gov. If any of the information required for an application for special financial assistance under this part is not accurately completed or not filed with the application, PBGC may require the plan sponsor to file additional information described under paragraph (d) of this section or PBGC may consider the application incomplete. If the correction of an error or omission requires a change to the amount of special financial assistance requested, the application will be considered incomplete. (b) Required trustee signature. An application for special financial assistance must— (1) Be signed and dated by an authorized trustee, who is a current member of the board of trustees and who is authorized to sign on behalf of the board of trustees, or by another authorized representative of the plan sponsor, with such signature accompanied by the printed name and title of the signer; and (2) Include the following statements signed by an authorized trustee who is a current member of the board of trustees, with such signature accompanied by the printed name and title of the signer: “Under penalty of perjury under the laws of the United States of America, I declare that I am an authorized trustee who is a current member of the board of trustees of the [ insert plan name ] and that I have examined this application, including accompanying documents, and, to the best of my knowledge and belief, the application contains all the relevant facts relating to the application; all statements of fact contained in the applica… | ||||||
| 29:29:9.1.4.22.38.0.25.7 | 29 | Labor | XL | J | 4262 | PART 4262—SPECIAL FINANCIAL ASSISTANCE BY PBGC | § 4262.7 Plan information. | PBGC | (a) Basic information. An application for special financial assistance must include all of the following information with respect to the plan and amount of special financial assistance requested: (1) Name of the plan, Employer Identification Number (EIN), and three-digit Plan Number (PN). (2) Name of the individual filing the application and role of the individual with respect to the plan. (3) Name, address, email, and telephone number of the plan sponsor and the plan sponsor's authorized representatives, if any. (4) The total amount of special financial assistance requested under § 4262.4(a)(1) or (2). (b) Eligibility. An application must identify the eligibility requirements in § 4262.3 that the plan satisfies to be eligible for special financial assistance. An application for a plan that is eligible under section 4262(b)(1)(C) of ERISA must include a demonstration to support that the plan meets the eligibility requirements. (c) Priority group identification. An application must identify any priority group under § 4262.10(d)(2) that the plan is in. An application must include a demonstration to support the plan's inclusion in a priority group, unless the plan is insolvent under section 4245(a) of ERISA, has implemented a suspension of benefits under section 305(e)(9) of ERISA as of March 11, 2021, is in critical and declining status (as defined in section 305(b)(6) of ERISA) and had 350,000 or more participants, or is listed on PBGC's website at www.pbgc.gov as a plan in priority group 6, as defined under § 4262.10(d)(2)(vi). (d) Plans with a suspension of benefits. If a plan previously suspended benefits under section 305(e)(9) or 4245(a) of ERISA, its application must include a description of how the plan will reinstate the benefits that were previously suspended and a proposed schedule showing aggregate amount and timing of payments (in accordance with § 4262.15) to participants and beneficiaries under the plan. The proposed schedule should be prepared assuming the effective date for reinsta… | ||||||
| 29:29:9.1.4.22.38.0.25.8 | 29 | Labor | XL | J | 4262 | PART 4262—SPECIAL FINANCIAL ASSISTANCE BY PBGC | § 4262.8 Actuarial and financial information. | PBGC | (a) Required information. An application for special financial assistance must include all of the following actuarial and financial information: (1) For each plan year from the 2018 plan year until the most recent plan year for which the Form 5500 is required to be filed by the date the plan's initial application for special financial assistance is filed, the projection of expected benefit payments as required to be attached to the Form 5500 Schedule MB if the response to the question at line 8b(1) of the Form 5500 Schedule MB is “Yes”. (2) For a plan that has 10,000 or more participants required to be entered on line 6f of the plan's most recently filed Form 5500 (as of the date the plan's initial application for special financial assistance is filed), a listing of the 15 largest contributing employers and the contribution amounts for each such contributing employer for the most recently completed plan year (before the date the plan's initial application for special financial assistance is filed). (3) Historical plan financial information for the 2010 plan year through the plan year immediately preceding the date the plan's initial application was filed that separately identifies: Total contributions; total contribution base units; average contribution rates; number of active participants at the beginning of each plan year; and other sources of non-investment income, including, if applicable, withdrawal liability payments collected, contributions from reciprocity agreements, and other sources of contributions or income not already identified. (4) Information used to determine the amount of the requested special financial assistance, including all of the following information— (i) Non-SFA interest rate required under § 4262.4(e)(1), including supporting details on how it was determined, and SFA interest rate required under § 4262.4(e)(2), including supporting details on how it was determined. (ii) Fair market value of plan assets determined as of the SFA measurement date; a certification from the plan spo… | ||||||
| 29:29:9.1.4.22.38.0.25.9 | 29 | Labor | XL | J | 4262 | PART 4262—SPECIAL FINANCIAL ASSISTANCE BY PBGC | § 4262.9 Application for a plan with a partition. | PBGC | (a) In general. This section applies to a plan partitioned under section 4233 of ERISA that is eligible for special financial assistance under § 4262.3(a)(2). A partitioned plan is in priority group 2 for purposes of § 4262.10(d)(2). (b) Filing requirements. A plan sponsor of a partitioned plan filing an application for special financial assistance must— (1) File one application for the original plan and the successor plan. (2) Include in the application— (i) A statement that the plan was partitioned under section 4233 of ERISA; (ii) A copy of the plan document and other executed amendments required under paragraph (c)(2) of this section; and (iii) The information required in §§ 4262.6 through 4262.8. (3) If a plan sponsor has already filed with PBGC any of the required information described in paragraph (b)(2)(iii) of this section, the plan sponsor is not required to file that information with its application for special financial assistance. For any such information not filed with the application, the plan sponsor must note on the checklist described under § 4262.6(a) when the information was filed. (c) Rescission of partition order. Effective when special financial assistance is paid under § 4262.12, and in a manner consistent with the application procedure determined under paragraph (b) of this section— (1) PBGC will rescind the partition order; and (2) The plan sponsor must amend the plan to remove any provisions or amendments that were required to be adopted under the partition order. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);