[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: 29CFR4022.25]

[Page 780-781]
 
                             TITLE 29--LABOR
 
            CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION
 
PART 4022_BENEFITS PAYABLE IN TERMINATED SINGLE-EMPLOYER PLANS
--Table of Contents
 
              Subpart B_Limitations on Guaranteed Benefits
 
Sec. 4022.25  Five-year phase-in of benefit guarantee for participants 
other than substantial owners.

    (a) Scope. This section applies to the guarantee of benefit 
increases which have been in effect for less than five years with 
respect to participants other than substantial owners.
    (b) Phase-in formula. The amount of a benefit increase computed 
pursuant to Sec. 4022.24 shall be guaranteed to the extent provided in 
the following formula: the number of years the benefit increase has been 
in effect, not to exceed five, multiplied by the greater of (1) 20 
percent of the amount computed pursuant to Sec. 4022.24; or (2) $20 per 
month.
    (c) Computation of years. In computing the number of years a benefit

[[Page 781]]

increase has been in effect, each complete 12-month period ending on or 
before the termination date during which such benefit increase was in 
effect constitutes one year.
    (d) Multiple benefit increases. In applying the formula contained in 
paragraph (b) of this section, multiple benefit increases within any 12-
month period ending on or before the termination date and calculated 
from that date are aggregated and treated as one benefit increase.
    (e) Notwithstanding the provisions of paragraph (b) of this section, 
a benefit increase described in paragraph (a) of this section shall be 
guaranteed only if PBGC determines that the plan was terminated for a 
reasonable business purpose and not for the purpose of obtaining the 
payment of benefits by PBGC.

[61 FR 34028, July 1, 1996, as amended at 67 FR 16956, Apr. 8, 2002]