DOL issues proposed regulation implementing the annual funding notice requirement

This is from the U.S. Department of Labor (DOL); the full proposed regulations are available here:

The Department of Labor has issued a proposed regulation that, on adoption, would implement the annual funding notice requirement in the Employee Retirement Income Security Act of 1974 (ERISA), as amended by the Pension Protection Act of 2006 (PPA) and the Worker, Retiree, and Employer Recovery Act of 2008 (WRERA).

As amended, section 101(f) of ERISA generally requires the administrators of all defined benefit plans, not just multiemployer defined benefit plans, to furnish an annual funding notice to the Pension Benefit Guaranty Corporation (PBGC), participants, beneficiaries, and certain other persons. A funding notice must include, among other information, the plan’s funding target attainment percentage or funded percentage, as applicable, over a period of time, as well as other information relevant to the plan’s funded status.

The document also contains proposed conforming amendments to other regulations under ERISA, such as the summary annual report regulation, which became necessary when the PPA amended section 101(f) of ERISA. The proposed regulation would affect plan administrators and participants and beneficiaries of defined benefit pension plans, as well as labor organizations representing participants and beneficiaries and contributing employers of multiemployer plans.

Comments on this proposed regulation should be received on or before 60 days after the date of publication in the Federal Register. Publication of the proposed regulation is scheduled for November 18, 2010.


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