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Reporting and disclosure requirements

Reporting requirements

PBGC reporting requirements
Requirements cite Who reports Reporting description Type of information Report frequency
Premiums
ERISA §§ 4006 & 4007
29 CFR Parts 4006 & 4007
 
Multiemployer; Single-employer Premium filing Information underlying premium determination and other plan-related information. Annually
4010 Reporting
ERISA § 4010
29 CFR Part 4010
 
Single-employer Annual financial and actuarial information reporting Identifying and financial information about plans and members. Actuarial information about plans. Underfunded plans meeting specified criteria, annually
Reportable Events and Large Missed Contribution Reports 
ERISA § 4043
29 CFR Part 4043
Single-employer Forms 10 and 10-Advance - Notice of reportable events Information relating to the event, the plan, and the controlled group. Required only if specified event occurs.
Single-employer Form 200 - Notice of missed large required contributions Information about the plan and controlled group and details about missed contributions. Required only if aggregate missed contributions exceed $1 million.
Other Reports 
ERISA § 302(f)(4), 
§§ 4062(e) & 4063(a)
 
Single-employer Reporting following a substantial cessation of operations Information about a substantial cessation of operations and an employer’s election to make additional contributions to an affected plan. Rarely required
Single-employer Reporting of withdrawal of substantial employer Information needed for PBGC to determine the resulting liability. Rarely required
Standard Terminations 
ERISA §§ 4041 & 4050
29 CFR Parts 4041 & 4050
Single-employer Form 500 - Standard termination notice Information about proposed termination. One-time filing upon termination
Single-employer Form 501 - Post-distribution certification Documentation that assets have been distributed. One-time filing upon termination
Distress Terminations
ERISA §§ 4041 & 4050
29 CFR Parts 4041 & 4050
Single-employer Form 600 – Distress terminations notice of intent to terminate (NOT) 
 
Information about plan, sponsor/controlled group and proposed termination and demonstration that distress criteria have been satisfied. One-time filing upon termination
Single-employer Notice of request to bankruptcy court to approve termination This provides notice of a sponsor’s/controlled group member’s request to Bankruptcy Court to approve the plan termination based upon a reorganization test. One-time filing upon termination
Single-employer Form 601 (and Schedule EA D) - Distress termination notice This form provides information on the plan and sufficiency of plan assets to provide benefits. One-time filing upon termination
Single-employer Form 602 - Post-distribution certification for distress termination This form certifies that the distribution of plan assets has been properly completed and the plan is sufficient for guaranteed benefits. One-time filing upon termination
PBGC Missing Participant Program
ERISA § 4050
29 CFR Part 4050
 
Single-employer covered plans with missing participants Form MP-100 for insured single-employer defined benefit plans Information about missing participants and the benefits to which they’re entitled, including whereabouts of any group annuity contract. Mandatory as part of standard termination. One-time filing upon termination
Defined contribution plans with missing participants Form MP-200 for defined contribution plans Information about missing participants and their account balances or financial institution where balance was transferred. One-time filing upon termination
Uncovered defined benefit plans Form MP-300 for small professional service defined benefit plans Same as Form MP-100, but voluntary. One-time filing upon termination
Multiemployer Form MP-400 for PBGC-insured multiemployer defined benefit plans Same as Form MP-100. One-time filing upon termination
Duties of Plan Sponsor Following Mass Withdrawal
ERISA § 4281
29 CFR Part 4281
 
Multiemployer Notice of benefit reductions Information related to benefit reductions resulting from a mass withdrawal (and plan amendment). Upon mass withdrawal
Multiemployer Notice of benefit restoration Notice that plan participants’ and beneficiaries’ benefits will be restored to levels before reduction following a plan amendment. Upon mass withdrawal
Multiemployer Notice of insolvency Notice that the plan is predicted to become insolvent in a certain plan year. Upon mass withdrawal
Multiemployer Notice of insolvency benefit level Information about how the plan’s pending insolvency will impact benefits. Upon mass withdrawal
Special Financial Assistance 
ERISA § 4262 
29 CFR Part 4262
Multiemployer plans that received special financial assistance (SFA) Annual statement of compliance Information to demonstrate the plan’s adherence to conditions of receipt of SFA. Annually
Termination of Multiemployer Plans 
ERISA § 4041A
29 CFR Part 4041A
Multiemployer Notice of termination Information about proposed termination. One-time filing upon termination
Merger or Transfer 
ERISA § 4231 
29 CFR Part 4231
Multiemployer Notification of merger or transfer Information about a proposed merger or transfer between Multiemployer plans. Upon proposed merger or transfer
Duties of the Plan Sponsor of an Insolvent Plan
ERISA § 4245
29 CFR Part 4245
Multiemployer Notice of insolvency Notice that the plan is predicted to become insolvent in a certain plan year. Upon insolvency
Multiemployer Notice of insolvency benefit level Notice of how the plan’s pending insolvency will impact benefits. Upon insolvency
Notice, Collection, and Redetermination of Withdrawal Liability
ERISA § 4219
29 CFR Part 4219
Multiemployer Notice of mass withdrawal Information about the withdrawal and its effects on the plan. Upon withdrawal
Multiemployer Notice of liability Notice of assessment of withdrawal liability. Upon withdrawal
Liability for Single-employer Plan Termination
29 CFR Part 4062.6
Single-employer Notice that net worth of a contributing sponsor or member of controlled group believes employer liability upon plan termination exceeds 30 percent of the employer’s net worth Information about net worth of filer. Upon termination
Disclosure to Affected Parties Upon Request of Distress or Involuntary Termination (Covered single-employer defined benefit plans)
ERISA §§ 4041 & 4042
29 CFR Parts 4041 & 4042
 
Single-employer Disclosure of information in distress and PBGC-initiated termination information Information about reports submitted to PBGC. Upon distress and involuntary terminations
Premium Filing for Distress & Involuntary Terminations 
ERISA § 4006(a)(7) 
29 CFR Parts 4006 and 4007
Single-employer Form T – Termination premium filing Information underlying termination premium determination. Upon termination, rarely required

 

Disclosure requirements

PBGC plan disclosure requirements
Requirements cite Who discloses Disclosure description Type of information Disclosure frequency
Standard Terminations 
ERISA §§ 4041 & 4050
29 CFR Parts 4041 & 4050
Single-employer Notice of intent to terminate Information about proposed termination (e.g., process, timing, impact on participants). One-time notice, upon termination
Distress Terminations
ERISA §§ 4041 & 4050
29 CFR Parts 4041 & 4050
Single-employer Notice of intent to terminate to affected parties other than PBGC Information about proposed termination (e.g., process, timing, impact on participants). One-time notice, upon termination
Single-employer Disclosure of termination information Information already submitted to PBGC in connection with a distress termination. One-time notice, upon termination
Duties of Plan Sponsor Following Mass Withdrawal
ERISA § 4281
29 CFR Part 4281
Multiemployer Notice of benefit reductions Information related to benefit reductions resulting from a mass withdrawal (and plan amendment). Upon mass withdrawal
Multiemployer Notice of benefit restoration Notice that plan participants’ and beneficiaries’ benefits will be restored to levels before reduction following a plan amendment. Upon mass withdrawal
Multiemployer Notice of insolvency benefit level Information about how the plan’s pending insolvency will impact benefits. Upon mass withdrawal
Special Financial Assistance 
ERISA § 4262 
29 CFR Part 4262
Multiemployer plans that suspended benefits Notice of benefit reinstatement Information about restored benefits and make-up payments. One-time notice upon termination
Partitions 
ERISA § 4233
29 CFR Part 4233
Multiemployer Notice of application for partition Notice that plan participants’ and beneficiaries’ benefits will be reduced following a plan amendment. One-time notice, upon application
Termination of Multiemployer Plans 
ERISA § 4041A
29 CFR Part 4041A
Multiemployer Notice of termination Information regarding forms of benefit. One-time notice, upon termination
Duties of the Plan Sponsor of an Insolvent Plan
ERISA § 4245
29 CFR Part 4245
Multiemployer Notice of insolvency benefit level Notice of how the plan’s pending insolvency will impact benefits. Upon insolvency
Notice, Collection, and Redetermination of Withdrawal Liability
ERISA § 4219
29 CFR Part 4219
Multiemployer Notice of mass withdrawal Information about the withdrawal and its effects on the plan. Upon withdrawal
Disclosure to Affected Parties Upon Request of Distress or Involuntary Termination
ERISA §§ 4041 & 4042
29 CFR Parts 4041 & 4042
Single-employer covered defined benefit plans Disclosure of information in distress and PBGC-initiated termination information Information about reports submitted to PBGC. One-time notice upon distress or involuntary termination
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