Practitioners
Section 4063 Notices
Overview
In 2006, PBGC issued a regulation clarifying how liability to PBGC under sections 4062(e) and 4063 of ERISA is calculated. This liability may arise when an employer ceases operations at a facility and employees in a single-employer plan are separated from employment as a result. While the regulatory clarification has resulted in more consistent enforcement of the statute, PBGC’s ability to identify these events depends on timely notice from affected employers. Similarly, our ability to determine liability under section 4063 when a substantial employer withdraws from a multiple employer plan requires timely notice to PBGC.
4063 Notice
Under sections 4062(e) and 4063(a) of ERISA, the administrator of a single-employer plan must notify PBGC if an employer who is a contributing sponsor ceases operations at a facility with a resulting separation from employment of more than 20% of the participants in the plan. Notice is also required under section 4063 if a substantial employer withdraws from a multiple employer plan. The notice under section 4063 is in addition to any Reportable Event notice that may be required under section 4043.
PBGC expects to make a form available for this purpose at a future date. For now no special format is required, but the notice should identify the affected plan and employer, and include a statement that there has been a cessation of operations under ERISA section 4062(e) or a withdrawal by a substantial employer from a multiple employer plan, and a request that PBGC determine the resulting liability.
The notice must be filed with the PBGC’s Corporate Finance & Restructuring Department (CFRD) within 60 days of the cessation or withdrawal. It may be mailed to CFRD at 1200 K Street, NW, Washington, DC 20005-4026, faxed to 202-842-2643, or emailed to 4063.report@pbgc.gov.
See also Question 22 in the 2006 Enrolled Actuaries Meeting Blue Book: http://www.pbgc.gov/Documents/2006bluebook.pdf.
