PBGC Proposes Changes to Several Regulations

The proposed rulemaking would make 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.

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.

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It is asking for comments from the public.

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.

CEFEX Offers Due Diligence Reports on Advisers and Providers

For retirement plan sponsors, the CEFEX Independent Assessment Report offers a method to document the selection and monitoring of their service providers, thereby helping them fulfill their fiduciary obligations.

CEFEX announced a new way for plan sponsors, investment committee members and individual investors to obtain due diligence reports on their advisers and service providers.

The new CEFEX Independent Assessment Report (IAR) contains a description of CEFEX’s rigorous annual assessment including the standard and assessment methodology applied, the date and the people involved.

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For plan sponsors, the IAR offers a method to document the selection and monitoring of their service providers, thereby helping them fulfill their fiduciary obligations. The IAR serves as a comprehensive expert analysis, which should be stored in their fiduciary file as a permanent record.

The IAR is a feature exclusively available to CEFEX certified advisers in the U.S. and internationally, third-party administrators (TPAs) and recordkeepers to help communicate the significance of the CEFEX assessment to clients. The new reports are available for renewal assessments conducted after May 1, 2019.

The CEFEX assessment is based on the standard described in the handbook: “Prudent Practices for Investment Advisors”, recently updated by Fi360 Inc. In the case of recordkeepers and TPAs, it is based on the “Standard for Retirement Plan Service Providers” published by CEFEX and the American Society for Pension Professionals and Actuaries (ASPPA).

According to the Department of Labor, retirement plan fiduciaries can limit their liability by implementing prudent practices including establishing a prudent process, maintaining records and documenting decisions. Plan sponsors have a duty to monitor retirement plan advisers, but may be forgetting to request or research certain information.

The IAR can be downloaded for a CEFEX certified firm from the CEFEX website.

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