[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: 29CFR4245.6] [Page 961-962] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4245_NOTICE OF INSOLVENCY--Table of Contents Sec. 4245.6 Contents of notice of insolvency benefit level. (a) Notice to the PBGC. A notice of insolvency benefit level required to be filed with the PBGC pursuant to Sec. 4245.5(a) shall contain the information set forth below, except as provided in the next sentence. The information required in paragraphs (a)(7) to (a)(10) need be submitted only if it is different from the information submitted to the PBGC with the notice of insolvency filed for that insolvency year (see Sec. 4245.4 (a)(7) to (a)(10)) or the notice of insolvency benefit level filed for a prior year. When any information is omitted under this exception, the notice shall so state and indicate when the notice of insolvency or prior notice of insolvency benefit level was filed. (1) The name of the plan. (2) The name, address and telephone number of the plan sponsor and of the plan sponsor's authorized representative, if any. (3) The nine-digit Employer Identification Number (EIN) assigned by the IRS to the plan sponsor and the three-digit Plan Identification Number (PIN) assigned by the plan sponsor to the plan, and, if different, the EIN or PIN last filed with the PBGC. If no EIN or PIN has been assigned, the notice shall so indicate. (4) The IRS key district that has jurisdiction over determination letters with respect to the plan. (5) The case number assigned to the plan by the PBGC. (6) The plan year for which the notice is filed. (7) A copy of the plan document, including any amendments, in effect during the insolvency year. (8) A copy of the most recent actuarial valuation for the plan and a copy of the most recent Schedule B (Form 5500) filed for the plan, if the Schedule B contains more recent information than the actuarial valuation. (9) The estimated amount of annual benefit payments under the plan (determined without regard to the insolvency) for the insolvency year. (10) The estimated amount of the plan's available resources for the insolvency year. (11) The estimated amount of the annual benefit payments guaranteed by the PBGC for the insolvency year. (12) The amount of financial assistance, if any, requested from the PBGC. (13) A certification, signed by the plan sponsor (or a duly authorized representative), that notices of insolvency benefit level have been given to all interested parties in accordance with the requirements of this part. When financial assistance is requested, the PBGC may require the plan sponsor to submit additional information necessary to process the request. (b) Notices to interested parties other than participants in or entering pay status. A notice of insolvency benefit level required by Sec. 4245.5(a) to be delivered to interested parties, as defined in Sec. 4245.3(e), other than a notice to a participant or beneficiary who is in pay status or is reasonably expected to enter pay status during the insolvency year, shall include the information set forth below: (1) The name of the plan. (2) The plan year for which the notice is issued. (3) The estimated amount of annual benefit payments under the plan (determined without regard to the insolvency) for the insolvency year. (4) The estimated amount of the plan's available resources for the insolvency year. (5) The amount of financial assistance, if any, requested from the PBGC. (c) Notices to participants and beneficiaries in or entering pay status. A notice of insolvency benefit level required by Sec. 4245.5(a) to be delivered to participants and beneficiaries who are in pay [[Page 962]] status or are reasonably expected to enter pay status during the insolvency year for which the notice is given, shall include the following information: (1) The name of the plan. (2) The plan year for which the notice is issued. (3) A statement of the monthly benefit expected to be paid to the participant or beneficiary during the insolvency year. (4) A statement that in subsequent plan years, depending on the plan's available resources, this benefit level may be increased or decreased but will not fall below the level guaranteed by the PBGC, and that the participant or beneficiary will be notified in advance of the new benefit level if it is less than his full nonforfeitable benefit under the plan. (5) The name, address, and telephone number of the plan administrator or other person designated by the plan sponsor to answer inquiries concerning benefits during the plan's insolvency. [61 FR 34115, July 1, 1996, as amended at 68 FR 61357, Oct. 28, 2003]