[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4007.11] [Page 754-756] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4007_PAYMENT OF PREMIUMS--Table of Contents Sec. 4007.11 Due dates. (a) In general. The premium filing due date for small plans is prescribed in paragraph (a)(1) of this section and the [[Page 755]] premium filing due dates for large plans are prescribed in paragraph (a)(2) of this section. (1) Plans with fewer than 500 participants. If the plan has fewer than 500 participants, as determined under paragraph (b) of this section, the due date is the fifteenth day of the tenth full calendar month following the end of the plan year preceding the premium payment year. (2) Plans with 500 or more participants. If the plan has 500 or more participants, as determined under paragraph (b) of this section-- (i) The due date for the flat-rate premium required by Sec. 4006.3(a) is the last day of the second full calendar month following the close of the plan year preceding the premium payment year; and (ii) The due date for the variable-rate premium required by Sec. 4006.3(b) for single-employer plans is the fifteenth day of the tenth full calendar month following the end of the plan year preceding the premium payment year. (iii) If the number of plan participants on the last day of the plan year preceding the premium payment year is not known by the date specified in paragraph (a)(2)(i) of this section, a reconciliation filing (on the form prescribed by this part) and any required premium payment or request for refund shall be made by the date specified in paragraph (a)(2)(ii) of this section. (3) Plans that change plan years. For any plan that changes its plan year, the premium form or forms and payment or payments for the short plan year shall be filed by the applicable due date or dates specified in paragraphs (a)(1), (a)(2), or (c) of this section. For the plan year that follows a short plan year, the due date or dates for the premium forms and payments shall be, with respect to each such due date, the later of-- (i) The applicable due date or dates specified in paragraph (a)(1) or (a)(2) of this section; or (ii) 30 days after the date on which the amendment changing the plan year was adopted. (b) Participant count rule for purposes of determining filing due dates. For purposes of determining under paragraph (a) of this section whether a plan has fewer than 500 participants, or 500 or more participants, the plan administrator shall use-- (1) For a single-employer plan, the number of participants for whom premiums were payable for the plan year preceding the premium payment year, or (2) For a multiemployer plan,-- (i) If the premium payment year is the plan's second plan year, the first day of the first plan year; or (ii) If the premium payment year is the plan's third or a subsequent plan year, the last day of the second preceding plan year. (c) Due dates for new and newly covered plans. Notwithstanding paragraph (a) of this section, the premium form and all premium payments due for the first plan year of coverage of any new plan or newly covered plan shall be filed on or before the latest of-- (1) The fifteenth day of the tenth full calendar month that began on or after the later of-- (i) The first day of the premium payment year; or (ii) The day on which the plan became effective for benefit accruals for future service; (2) 90 days after the date of the plan's adoption; or (3) 90 days after the date on which the plan became covered by title IV of ERISA. (d) Continuing obligation to file. The obligation to file the form or forms prescribed by this part and to pay any premiums due continues through the plan year in which all plan assets are distributed pursuant to a plan's termination or in which a trustee is appointed under section 4042 of ERISA, whichever occurs earlier. The entire premium computed under this part is due, irrespective of whether the plan is entitled to a refund for a short plan year pursuant to Sec. 4006.5(f). (e) Improper filings. Any form not filed in accordance with this part, not filed in accordance with the instructions in the Premium Payment Package, not accompanied by the required premium payment, or otherwise incomplete, may, in the discretion of the PBGC, be returned with any payment [[Page 756]] accompanying the form to the plan administrator, and such payment shall be treated as not having been made. [61 FR 34020, July 1, 1996, as amended at 63 FR 68685, Dec. 14, 1998]