PBGC Asking for Comments on Proposed Rulemaking

The proposal includes corrections, clarifications, and improvements to its regulations on Reportable Events, Premium Rates and others.

The Pension Benefit Guaranty Corporation (PBGC) is proposing miscellaneous technical corrections, clarifications, and improvements to its regulations on Reportable Events and Certain Other Notification Requirements, Annual Financial and Actuarial Information Reporting, Termination of Single-Employer Plans, and Premium Rates.

It is asking for comments from the public.

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The major provisions of its proposed rulemaking would amend PBGC’s regulations on:

  • Reportable Events and Certain Other Notification Requirements, by eliminating possible duplicative reporting of active participant reductions, clarifying when a liquidation event occurs and providing additional examples for active participant reduction, liquidation, and change in controlled group events;
  • Annual Financial and Actuarial Information Reporting, by eliminating a requirement to submit individual financial information for each controlled group member, adding a new reporting waiver and clarifying others, and providing guidance on assumptions for valuing benefit liabilities for cash balance plans;
  • Termination of Single-Employer Plans, by providing more time to submit a complete PBGC Form 501 in the standard termination process; and
  • Premium Rates, by expressly stating that a plan does not qualify for the variable rate premium exemption for the year in which it completes a standard termination if it engages in a spinoff in the same year, clarifying the participant count date special rule for transactions (e.g., mergers and spinoffs), and by modifying the circumstances under which the premium is prorated for a short plan year resulting from a standard termination.
Recently, the Office of Management and Budget (OMB) approved changes to reportable events filings to the Pension Benefit Guaranty Corporation (PBGC) for defined benefit (DB) plans.

House Continues Fiduciary Fight

The lower chamber has voted to block funding for the SEC to implement and enforce Regulation Best Interest.

Today, the House of Representatives passed the Financial Services and General Government Appropriations Act, which includes an amendment that would block funding for the Securities and Exchange Commission (SEC) to implement Regulation Best Interest (Reg BI). Both the Investment Company Institute (ICI) and the Insured Retirement Institute (IRI) issued statements denouncing the action.

“We are disappointed in today’s vote in the House of Representatives to advance legislation that includes a provision to prohibit the Securities and Exchange Commission from proceeding to implement, administer, enforce or publicize Regulation Best Interest,” the IRI says in its statement. “This newly adopted rule raises the standard of conduct for financial professionals, expressly requiring them to act in their clients’ best interest. Reg BI represents a substantial strengthening of consumer and investor protection compared to existing law.”

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For its part, the ICI says: “Regulation Best Interest ensures investors are afforded strong protections when they receive recommendations from financial intermediaries. Passage of this amendment seemingly relitigates the DOL fiduciary rule, which was vacated by the Fifth Circuit Court. Preventing the SEC from implementing Regulation Best Interest creates a legal void that leaves millions of retail savers without critical investor protections. ICI urges Congress to strip this language from the final spending bill.”

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