[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR4022.4]

[Page 786-787]
 
                             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. 4022.4  Entitlement to a benefit.

    (a) A participant or his surviving beneficiary is entitled to a 
benefit if under the provisions of a plan:

[[Page 787]]

    (1) The benefit was in pay status on the date of the termination of 
the plan.
    (2) A benefit payable at normal retirement age is an optional form 
of payment to the benefit otherwise payable at such age and the 
participant elected the benefit before the termination date of the plan.
    (3) Except for a benefit described in paragraph (a)(2) of this 
section, before the termination date (or on or before the termination 
date, in the case of a requirement that a participant attain a 
particular age, earn a particular amount of service, become disabled, or 
die) the participant had satisfied the conditions of the plan necessary 
to establish the right to receive the benefit prior to such date (prior 
to or on such date, in the case of a requirement that a participant 
attain a particular age, earn a particular amount of service, become 
disabled, or die) other than application for the benefit, satisfaction 
of a waiting period described in the plan, or retirement; or
    (4) Absent an election by the participant, the benefit would be 
payable upon retirement.
    (5) In the case of a benefit that returns all or a portion of a 
participant's accumulated mandatory employee contributions upon death, 
the participant (or beneficiary) had satisfied the conditions of the 
plan necessary to establish the right to the benefit other than death or 
designation of a beneficiary.
    (b) If none of the conditions set forth in paragraph (a) of this 
section is met, the PBGC will determine whether the participant is 
entitled to a benefit on the basis of the provisions of the plan and the 
circumstances of the case.

[61 FR 34028, July 1, 1996, as amended at 67 FR 16954, Apr. 8, 2002]