- A plan in critical status (i.e., satisfies the requirements to be in critical status) is treated as in “critical and declining” status if it is projected to become insolvent as provided in ERISA Section 305(b)(6), and
Where and How to Send Critical or Endangered Notices
- Use the e-Filing Portal to submit any notices. Please click the link or copy and paste the following address in your browser: https://efilingportal.pbgc.gov/e4010
- Send us the Critical or Endangered Notices via email at Multiemployerprogram@pbgc.gov.
PBGC strongly suggests submitting these notices electronically. If you wish to submit the Critical or Endangered Notices by mail, please email us at Multiemployerprogram@pbgc.gov or call us at 202-229-6047 for further instructions.
Please note that it is only necessary to send copies either through the e-Filing Portal, email, or hard copy. PBGC provides a user manual with step-by-step instructions on how to create and manage your e-Filing Portal account.
Multiemployer Pension Reform Act of 2014 Notices regarding Plans Not Electing Critical Status and Exemption for Certain Endangered Plans
ERISA Sections 305(b)(3) and 305(b)(4)
PBGC. A multiemployer plan that (i) is not in critical status for a plan year but is projected by the plan actuary to be in critical status in any of the succeeding 5 plan years, and (ii) does not make an election to be in critical status for the plan year, must provide notice of its projected critical status to PBGC. The notice is due no later than 30 days after the date of the plan’s annual certification to IRS for the plan year.
IRS. The plan actuary must file with IRS an annual certification for a plan year stating whether the plan will be in critical status for any of the succeeding 5 plan years. The certification is due no later than 90 days after the beginning of the plan year. Such a plan may elect to be in critical status for the current plan year by notifying the IRS of the election not later than 30 days after the date of the annual certification for the plan year (or as otherwise provided in Treasury guidance), and is then subject to the critical status plan requirements. A plan that does not make such an election must provide notice (as described above) to PBGC.
ERISA Sec. 305(b)(5)
PBGC. A multiemployer plan must provide notice to PBGC for a plan year that the plan would be in endangered status for the plan year but for a certification to IRS by the plan actuary that the plan is not projected to be in endangered status as of the end of the 10th plan year ending after the year of certification. The notice is due no later than 30 days after the date of the annual certification to IRS for the plan year.
IRS. The plan actuary must file with IRS an annual certification for a plan year that the plan is not in endangered status for the plan year because it is projected to no longer meet the standards for endangered status as of the end of the 10th plan year ending after the year of certification and was not in critical or endangered status for the immediately preceding plan year. The certification is due no later than 90 days after the beginning of the plan year.
Where and How to Send MPRA Notices
- Send us the MPRA Notices via email at Multiemployerprogram@pbgc.gov.
If you wish to submit the MPRA Notices by mail, please email us at Multiemployerprogram@pbgc.gov or call us at 202-229-6047 for further instructions.
Please note that it is only necessary to send copies either via email or hard copy.
Other Notices/Requests (including Merger Notices and Requests for Compliance Determinations)
Multiemployer plans may have additional notification requirements or need to submit requests for PBGC’s approval/review of various transactions. These notifications include, but are not limited to, notices of merger, requests for compliance determination, and requests to review alternative withdrawal liability rules.
Where and How to Send Other Notices/Requests
- Send us the notice/request via email at Multiemployerprogram@pbgc.gov.
If you wish to submit the notice/request by mail, please email us at Multiemployerprogram@pbgc.gov or call us at 202-229-6047 for further instructions.
Please note that it is only necessary to send copies either via email or hard copy.
Also, if your notice/request is time-sensitive, and you have not received acknowledgement of receipt within 30 days, please follow up via email or phone to confirm receipt.
Additional Information
For more information on annual funding notices, including fact sheets and model notices, visit the Department of Labor’s Employee Benefits Security Administration (see “Regulations”).
