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Amicus Curiae Program

Amicus curiae literally means “friend of the court.” PBGC will consider filing an amicus brief on behalf of a private party in a case that raises novel or important issues of law that impact PBGC or the private pension system more broadly. PBGC’s amicus program is focused on cases in the U.S. Courts of Appeals and the Supreme Court, but we will consider filing an amicus brief in district court if the case presents a particularly important issue that falls within PBGC’s expertise. PBGC does not generally participate in cases raising primarily factual issues.

PBGC must consider many factors when weighing a request to file an amicus brief, and so it is critical that any suggestion for PBGC amicus participation, along with other information required for PBGC’s consideration, be made as early as possible.

PBGC at its discretion may decline a request to file an amicus brief. Further, PBGC may file an amicus brief on its own initiative.

Submitting a request

Please submit any amicus curiae suggestions to AmicusRequest@pbgc.gov.  Submissions should include the case name, docket number, court name, a brief description of the case and issue, and the current status, if known.

The request must also include the following information for PBGC’s consideration of a request to file an amicus brief:

  1. The request must be in writing, state your interest in the case, and state whether there is a challenge to Title IV of ERISA, PBGC’s regulations, or informal guidance such as a PBGC opinion letter.
  2. The request should indicate whether the requestor wants PBGC to advocate for a particular outcome in the case, including how the desired outcome would affect PBGC’s interests (e.g., ERISA’s Title IV Insurance Program) or the integrity of the private U.S. pension system more broadly, and how it aligns with prior positions that PBGC has advocated or courts have adopted.
  3. The request must also state whether the issues in the case have previously been addressed by a court and whether there is a split in the circuit courts. Please include all relevant citations.
  4. The request should identify any other reason why PBGC should consider filing an amicus brief.
  5. When you submit a request, please attach copies of any relevant lower court decision(s) or, if the case is a multiemployer matter, a copy of any arbitration award. Please also attach copies of all parties’ briefs (including other amicus briefs) filed in the instant litigation.
  6. The request must also provide the timing for PBGC to file an amicus brief if it chooses to do so.

Requests will be acknowledged by email and reviewed by PBGC’s Office of the General Counsel.

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