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Practitioners

Annual Funding & Other Notices for Multiemployer Plans

Where and How to Send PBGC Notices

Copies of the notices and documents for PBGC discussed below should be sent to:

  • PBGC
  • ATTN: Multiemployer Program Division
  • 1200 K Street NW
  • Washington, DC 20005-4026

PBGC will also accept electronic copies e-mailed to Multiemployerprogram@PBGC.gov.

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.

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.

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.

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.