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FAQs: Plan Funding

The Pension Protection Act of 2006 (PPA 2006) established benefit restrictions for underfunded plans. Depending on how underfunded a plan is, the plan may be restricted in its ability to pay out benefits as lump sums, and the sponsor may be restricted from amending the plan to increase benefits.

Regulatory and enforcement authority over ongoing plans is primarily the responsibility of the Employee Benefits Security Administration (EBSA) of the Department of Labor, the Employee Plans office of the Internal Revenue Service, and the Department of Treasury. PBGC does have certain regulatory and enforcement authority. For example, PBGC can perfect and enforce a statutory lien if an employer has not made required minimum funding contributions and unpaid amounts total more than $1 million.

PBGC monitors plans through a variety of reporting requirements. These reporting requirements may prompt further PBGC investigation and action to protect plan funding. For example, PBGC's reportable events regulation requires written notice to PBGC of certain events involving the plan or the company that may expose plan participants and PBGC's insurance program to risk. In addition, under the agency's Early Warning Program, PBGC monitors corporate transactions and bankruptcy proceedings that may threaten funding or continuation of ongoing plans. PBGC negotiates financial protections to keep these plans ongoing for workers and retirees and to limit losses to those individuals and PBGC if termination does occur. Finally, PPA 2006 requires controlled groups with at least one plan that is less than 80 percent funded to report annually additional information that will enable PBGC to better monitor the situation. This monitoring activity also sends the important message that employers have a duty to fund their plans.

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