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Practitioners

Annual Funding & Other Notices for Multiemployer Plans

Annual Funding Notice

ERISA Sec. 101(f)

All multiemployer defined benefit pension plans must provide an annual funding notice to participants, beneficiaries and other required parties, including PBGC, about the plans' funding status.

  • Plans generally must provide funding notices no later than 120 days after the close of the plan year.
  • Small plans (those with 100 or fewer participants) may provide funding notices no later than the filing of the plan's Form 5500 / 5500-SF annual report, including filing extensions.
  • View a model multiemployer annual funding notice.

Where and How to Send Multiemployer AFNs

  • PBGC encourages the use of the PBGC e-Filing Portal.  Please click the link or copy and paste the following address in your browser: https://efilingportal.pbgc.gov/e4010
    • Multiemployer plans also have the option of submitting the AFN via email at Multiemployerprogram@pbgc.gov. Hard copies may also be sent by mail to the following address:
      • PBGC
        ATTN: Multiemployer Program Division
        1200 K Street, NW
        Washington, DC 20005-4026
    • Please note that it is only necessary to send copies via one of the formats mentioned above (either through the e-Filing Portal, e-mail, or hard copy).  Click here to access a user manual with step-by-step instructions on how to create and manage your e-Filing Portal account.

Critical or Endangered Notice

ERISA Sections 305(b)(3) and 305(b)(6)

PBGC. A multiemployer plan that is or will be in endangered or critical status for a plan year must notify PBGC not later than 30 days after the date of the annual certification. View a model critical status notice here.

IRS. An annual certification is filed by the plan's actuary with the IRS no later than 90 days after the beginning of the plan year certifying whether the plan:

  • is in endangered status,
  • is or will be in critical status,
  • is or will be in critical and declining status
    • 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
  • is making progress under its funding improvement or rehabilitation plan.

Where and How to Send Critical or Endangered Notices

  • PBGC encourages the use of the PBGC e-Filing Portal. Please click the link or copy and paste the following address in your browser: https://efilingportal.pbgc.gov/e4010
    • Multiemployer plans also have the option of submitting the Critical or Endangered Notices via email at Multiemployerprogram@pbgc.gov. Hard copies may also be sent by mail to the following address:
      • PBGC
        ATTN: Multiemployer Program Division
        1200 K Street, NW
        Washington, DC 20005-4026
    • Please note that it is only necessary to send copies via one of the formats mentioned above (either through the e-Filing Portal, e-mail, or hard copy).  Click here to access 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.

Other Notices

All multiemployer plans must provide notice to each affected party, including PBGC, of any application for an extension of an amortization period under section 431(d) of the Internal Revenue Code.

Where and How to Send MPRA 2014 and Other Notices

  • Multiemployer plans also have the option of submitting other notices either via email at Multiemployerprogram@pbgc.gov or by mail. Hard copies may be sent to the following address:
    • PBGC
      ATTN: Multiemployer Program Division
      1200 K Street, NW
      Washington, DC 20005-4026