Federal Register - July 12, 2021

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Source: Federal Register

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Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Rules and Regulations statement to the SFA measurement date showing contributions, withdrawal liability payments, benefit payments, administrative expenses, and investment income.
iii Special financial assistance determined as a lump sum as of the SFA
measurement date.
iv For each plan year in the SFA
coverage period: The projected amount of contributions, projected withdrawal liability payments, and other payments expected to be made to the plan.
v For each plan year in the SFA
coverage period: Benefit payments described in 4262.4b1 attributable to the reinstatement of benefits under 4262.15 that were previously suspended through the SFA
measurement date and any benefits restored under 26 CFR 1.432e9
1e3.
vi For each plan year in the SFA
coverage period: Benefit payments described in 4262.4b1 excluding the payments in paragraph a4v of this section, separately for current retirees and beneficiaries in pay status, terminated participants not yet in pay status, current active participants, and new entrants.
vii For each plan year in the SFA
coverage period: Administrative expenses expected to be paid using plan assets, excluding the amount owed PBGC under section 4261 of ERISA.
viii For each plan year in the SFA
coverage period: The projected investment income based on the interest rate required under 4262.4e1 and the projected fair market value of plan assets at the end of each plan year.
ix The present value as of the SFA
measurement date of each of the items provided under paragraph a4iv through viii of this section.
5 Projected contributions and withdrawal liability payments used to calculate the requested special financial assistance amount in 4262.4, including total contributions, contribution base units, average contribution rates, reciprocal contributions if applicable, additional contributions from the rehabilitation plan, and any other contributions, and number of active participants at the beginning of each plan year. For withdrawal liability, separate projections for withdrawn employers and for future assumed withdrawals.
6 A description of the development of the assumed future contributions and future withdrawal liability payments in paragraph a5 of this section.
7 For a plan that has 350,000 or more participants reported on line 6f of its most recently filed Form 5500, the participant census data utilized by the
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plan actuary in developing the cash flow projections included in the application.
b Information required for changed assumptions. An application for a plan that proposes to change any assumption used in the plans most recently completed certification of plan status before January 1, 2021, must include all of the following information:
1 A table identifying which assumptions used in demonstrating the plans eligibility for special financial assistance or in calculating the amount of special financial assistance differ from those assumptions used in the plans most recently completed certification of plan status before January 1, 2021, and detailed narrative explanations with supporting rationale and information as to why any assumption used in the certification is no longer reasonable and why the changed assumption is reasonable.
2 Deterministic cash flow projection Baseline in accordance with the special financial assistance instructions on PBGCs website at www.pbgc.gov that shows the amount of special financial assistance that would be determined if all underlying assumptions used in the projection were the same as those used in the actuarial certification of plan status last completed before January 1, 2021 excluding the plans interest rate, which must be the same as the interest rate required under 4262.4e1. For purposes of this paragraph b2, certain changes in assumptions as described in the special financial assistance instructions on PBGCs website at www.pbgc.gov should be reflected in the Baseline projection.
3 In accordance with the special financial assistance instructions on PBGCs website at www.pbgc.gov, a reconciliation of the change in the requested special financial assistance due to each changed assumption from the Baseline to the requested special financial assistance amount in paragraph a4iii of this section, showing, for each assumption change from the Baseline, a deterministic projection calculated in the same manner as the requested amount in 4262.4.
c Information required for certain events. An application for a plan with respect to which an event described in 4262.4f occurs on or after July 9, 2021, must include the applicable information related to the event specified in special financial assistance instructions on PBGCs website at www.pbgc.gov.

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4262.9 Application for a plan with a partition.

a In general. This section applies to plans partitioned under section 4233 of ERISA. A partitioned plan is in priority group 2 for purposes of 4262.10d.
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 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 amendments required under paragraph c2 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 b2iii 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 4262.6a 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.
4262.10

Processing applications.

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 PBGCs 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 subpart A of 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 432k1D of the Code requires an application in a priority category under paragraph d2 of this
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Federal Register - July 12, 2021

TitoloFederal Register

PaeseStati Uniti

Data12/07/2021

Conteggio pagine157

Numero di edizioni7797

Prima edizione14/03/1936

Ultima edizione17/06/2026

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