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Pensions Benefit Plan Sponsors Pension Benefit Guaranty Corporation

McDermott Will & Emery

Better Than a Snow Day: The PBGC Provides One-Time Section 4010 Reporting Waiver

McDermott Will & Emery on

Acknowledging uncommon market conditions, the Pension Benefit Guaranty Corporation (PBGC) announced Technical Update Number 23-1 (the Update), which provides a one-time waiver of certain reporting requirements for some...more

Proskauer - Employee Benefits & Executive...

PBGC Provides One-Time 4010 Filing Waiver for Certain Employers

ERISA Section 4010 requires a contributing sponsor of certain single-employer pension plans, as well as the sponsor’s controlled group members, to provide controlled group, financial, and actuarial information to the PBGC...more

Foley & Lardner LLP

Diving Into SECURE 2.0: Changes for Defined Benefit Pension Plans

Foley & Lardner LLP on

...Cash Balance Plan Compliance with Back-Loading Requirements - The rate at which a participant accrues benefits under a defined benefit pension plan must satisfy certain rules designed to ensure that the participant has...more

Morgan Lewis

Troubled Multiemployer Pension Plans: PBGC Issues Regulation on ARPA Special Financial Assistance

Morgan Lewis on

The Pension Benefit Guaranty Corporation has issued an interim final rule implementing the special financial assistance provisions of the American Rescue Plan Act to assist financially troubled multiemployer pension plans....more

Foley & Lardner LLP

ARPA Funding Relief for Single Employer Defined Benefit Pension Plans

Foley & Lardner LLP on

On March 11, 2021 President Biden signed the American Rescue Plan Act (Public Law 117-2) ("ARPA"). Among its many provisions, the statute contains "funding relief" for single employer defined benefit pension plans. This...more

Proskauer - Employee Benefits & Executive...

PBGC Provides Temporary Flexibility for Variable-Rate Premium Calculations

In late September, the Pension Benefit Guaranty Corporation (the “PBGC”) published Press Release 20-04 and issued Technical Update 20-2 providing flexibility in the calculation of variable-rate premiums for plan sponsors who...more

Seyfarth Shaw LLP

IRS Provides Guidance on CARES Act Defined Benefit Contribution Funding Relief

Seyfarth Shaw LLP on

Seyfarth Synopsis: As Seyfarth has blogged about on multiple occasions, the CARES Act provided relief for qualified plans as a result of COVID-19. With respect to qualified defined benefit pension plans, the CARES Act...more

Seyfarth Shaw LLP

PBGC Issues Q&As Related to the Pandemic and the CARES Act

Seyfarth Shaw LLP on

Seyfarth Synopsis: With the background of the COVID-19 pandemic, the PBGC published unofficial guidance for plan sponsors of single-employer plans on certain reportable events, PBGC premium payments and plan termination...more

Groom Law Group, Chartered

PBGC’s Regulatory Spring Cleaning: Numerous Changes, Updates, and Clarifications to PBGC Reporting, Termination, and Premium Rules

On February 4, 2020, the Pension Benefit Guaranty Corporation (“PBGC”) issued final regulations (the “Final Rule”) covering reportable events, annual reporting under ERISA section 4010, plan termination filings, and PBGC...more

King & Spalding

Compensation and Benefits Insights – August 2019

King & Spalding on

Multiple Employer Plans: Proposed IRS Regulations Eliminate the “One Bad Apple” Rule - A multiple employer plan (MEP) is a tax qualified retirement plan that is maintained by two or more employers who are not part of the...more

Proskauer - Employee Benefits & Executive...

IRS Reopens Opportunity to Cash Out Retirees in Pay Status—At Least For Now

One de-risking tool for employers with defined benefit pension liabilities is to allow participants to receive lump-sum distributions. Although lump sums result in a short-term cash drain, they reduce the plan’s long-term...more

Poyner Spruill LLP

IRS Announces Retiree Lump-Sum Windows Are Back On The Table

Poyner Spruill LLP on

Pension plan sponsors have been looking for opportunities to manage their growing pension liabilities for many years now. In 2015, the Internal Revenue Service (IRS) closed the door on sponsors who were considering offering...more

Fisher Phillips

The “E” Is Not For Employer

Fisher Phillips on

When I speak with employers about the onerous obligations under ERISA and the court decisions that followed, I frequently tell them that the “E” in ERISA stands for “employee,” not employer. It’s good to keep this in mind...more

Foley & Lardner LLP

Pension Plan Sponsors – When “De-Risking”, Select Annuity Providers With Care

Foley & Lardner LLP on

Employer-sponsored retirement plans come in many varieties. For example, under 401(k) and other defined contribution plans, employees and, often, employers may make specific contributions to an employee’s plan account...more

Seyfarth Shaw LLP

PBGC Sticks Its Head Out Of The Water And Issues RFI Regarding Hybrid (Two-Pool) Multiemployer Pension Plans

Seyfarth Shaw LLP on

Seyfarth Synopsis: The PBGC is seeking more information on hybrid or two-pool withdrawal liability calculation methods. This is a sign that the PBGC may be re-evaluating its role in approving hybrid proposals, although it...more

Blank Rome LLP

Employee Benefits Provisions of the Bipartisan Budget Act of 2015

Blank Rome LLP on

The Bipartisan Budget Act includes the following important employee-benefit related provisions: - It repeals the automatic enrollment mandate of the Affordable Care Act. Under the ACA, employers with more than 200...more

McGuireWoods LLP

Pension Benefit Guaranty Corporation Issues Final Regulations on Reportable Events

McGuireWoods LLP on

Earlier this month, the Pension Benefit Guaranty Corporation (PBGC) issued final regulations on reportable events under ERISA in connection with defined benefit pension plans and their sponsors (the Final Regulations). The...more

McDermott Will & Emery

Recent IRS Guidance Prohibits Lump-Sum Windows for Pension Retirees, Updates Pension Mortality Tables for 2016

The Internal Revenue Service (IRS) recently issued two significant notices for employers that sponsor defined benefit pension plans, particularly those considering lump-sum windows as a “de-risking” option for their plans....more

Franczek P.C.

Monthly Benefits Alert - June 2015

Franczek P.C. on

Supreme Court - As explained in more detail in separate alerts we issued over the past several days, the Supreme Court decided two major cases involving the Affordable Care Act and same-sex marriage. First, as described...more

Franczek P.C.

Sixth Circuit Court of Appeals Upholds PBGC Determination Disallowing Post-Termination Plan Amendment

Franczek P.C. on

In PBGC v. Kentucky Bancshares, Inc. (6th Cir. 2015, No. 14-5573, unpublished), the U.S. Court of Appeals for the Sixth Circuit upheld a PBGC determination that Kentucky Bancshares violated applicable rules and regulations...more

McDermott Will & Emery

PBGC Intends to Monitor Lump-sum and Annuity Cashouts Under Defined Benefit Plans

McDermott Will & Emery on

The Pension Benefit Guaranty Corporation (PBGC) stated in a filing published in the Federal Register on September 23, 2014, that it intends to require that plan sponsors report to the PBGC “certain undertakings” to cashout or...more

Carlton Fields

PBGC Supports Lifetime Income

Carlton Fields on

The Pension Benefit Guaranty Corporation (PBGC) recently issued a proposed regulation designed to encourage participants in defined contribution plans (e.g., 401(k) plans) to roll over their account balances to their...more

McDermott Will & Emery

PBGC Releases Revised Proposed Regulations Addressing Reportable Event Requirements under ERISA

McDermott Will & Emery on

Section 4043 of the Employee Retirement Income Security Act of 1974 (ERISA) requires pension plan sponsors to report a variety of corporate and plan events to the Pension Benefit Guaranty Corporation (PBGC). In November...more

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