[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR4022.6]

[Page 714]
 
                             TITLE 29--LABOR
 
                          GUARANTY CORPORATION
 
PART 4022--BENEFITS PAYABLE IN TERMINATED SINGLE-EMPLOYER PLANS--Table of Contents
 
           Subpart A--General Provisions; Guaranteed Benefits
 
Sec. 4022.6  Annuity payable for total disability.

    (a) Except as provided in paragraph (b) of this section, an annuity 
which is payable (or would be payable after a waiting period described 
in the plan, whether or not the participant is in receipt of other 
benefits during such waiting period), under the terms of a plan on 
account of the total and permanent disability of a participant which is 
expected to last for the life of the participant and which began before 
the termination date is considered to be a pension benefit.
    (b) In any case in which the PBGC determines that the standards for 
determining such total and permanent disability under a plan were 
unreasonable, or were modified in anticipation of termination of the 
plan, the disability benefits payable to a participant under such 
standard shall not be guaranteed unless the participant meets the 
standards of the Social Security Act and the regulations promulgated 
thereunder for determining total disability.
    (c) For the purpose of this section, a participant may be required, 
upon the request of the PBGC, to submit to an examination or to submit 
proof of continued total and permanent disability. If the PBGC finds 
that a participant is no longer so disabled, it may suspend, modify, or 
discontinue the payment of the disability benefit.