WASHINGTON – The Pension Benefit Guaranty Corporation (PBGC) today announced the launch of its Amicus Curiae Program. As part of the Corporation’s compliance assistance efforts, this program establishes a process for private parties to request that the agency file an amicus brief in cases with potential implications for PBGC or the broader private pension system.
“The Amicus Curiae Program underscores PBGC’s commitment to serving as a resource for our stakeholders,” PBGC Director Janet Dhillon said. “We intend to leverage PBGC’s expertise and insight on the defined benefit pension system to strengthen retirement security for the nation’s workers, retirees, and their families.”
PBGC will consider requests to file an amicus brief on behalf of a private party when legal matters present novel or significant issues. While the Corporation’s primary focus will be cases before the U.S. Courts of Appeals and the Supreme Court, it may also file an amicus brief in district court if the case involves particularly important issues within PBGC’s area of expertise.
“We know that there are plenty of interesting issues percolating in the courts,” PBGC General Counsel Jack Lund added. “We can’t wait to hear from the public about which of them deserve our attention.”
Instructions for submitting an amicus curiae request can be found on PBGC’s website. Upon receiving a request, PBGC will move expeditiously to evaluate it. Still, PBGC recommends early submission to facilitate thorough review. PBGC may ultimately decline to file an amicus brief. It may also elect to file one on its own initiative.
About PBGC
PBGC protects the retirement security of about 30 million American workers, retirees, and beneficiaries in both single-employer and multiemployer private sector pension plans. The agency’s two insurance programs are legally separate and operationally and financially independent. PBGC is directly responsible for the benefits of nearly 1.4 million participants and beneficiaries in failed single-employer pension plans. The Single-Employer Program is financed by insurance premiums, investment income, and assets and recoveries from failed single-employer plans. The Multiemployer Program is financed by insurance premiums and investment income. Special financial assistance for financially troubled multiemployer plans is financed by general taxpayer monies.