[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: 29CFR4022.5]

[Page 770]
 
                             TITLE 29--LABOR
 
            CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION
 
PART 4022_BENEFITS PAYABLE IN TERMINATED SINGLE-EMPLOYER PLANS
--Table of Contents
 
            Subpart A_General Provisions; Guaranteed Benefits
 
Sec. 4022.5  Determination of nonforfeitable benefits.

    (a) A guaranteed benefit payable to a surviving beneficiary is not 
considered to be forfeitable solely because the plan provides that the 
benefit will cease upon the remarriage of such beneficiary or his 
attaining a specified age. However, the PBGC will observe the provisions 
of the plan relating to the effect of such remarriage or attainment of 
such specified age on the surviving beneficiary's eligibility to 
continue to receive benefit payments.
    (b) Any other provision in a plan that the right to a benefit in pay 
status will cease or be suspended upon the occurrence of any specified 
condition does not automatically make that benefit forfeitable. In each 
such case the PBGC will determine whether the benefit is forfeitable.
    (c) A benefit guaranteed under Sec. 4022.6 shall not be considered 
forfeitable solely because the plan provides that upon recovery of the 
participant the benefit will cease.