PBGC FORM 10
POST-EVENT NOTICE OF REPORTABLE EVENTS

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PAPERWORK REDUCTION ACT NOTICE

The PBGC needs this information, which is required to be filed under ERISA § 4043 and 29 CFR Part 4043, Subparts A and B, so that it can take action to protect participants and the termination insurance program in appropriate cases. PBGC estimates that it will take an average of 4.1 hours and $1,128 to comply with these requirements. If you have any comments concerning the accuracy of this estimate or suggestions for improving this form, please send your comments to the Pension Benefit Guaranty Corporation, Legislative and Regulatory Department, 1200 K Street, N.W., Washington, D.C. 20005-4026. This collection of information has been approved by the Office of Management and Budget (OMB) under control number 1212-0013. Under the Paperwork Reduction Act, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

Table of Contents

PART I - GENERAL INSTRUCTIONS Return to Top

Section 4043 of the Employee Retirement Income Security Act (ERISA) requires that plan administrators and contributing sponsors notify PBGC of the occurrence of certain events ("reportable events"). These are:

PBGC's regulation on Reportable Events (29 CFR Part 4043, Subparts A and B) describes in detail each reportable event, the contents of the required post-event notice and any applicable reporting waivers or extensions of deadlines. Part III of these instructions summarizes these rules for each event.

The rules in the Reportable Events regulation apply only to reportable events involving single-employer plans covered by title IV of ERISA. In these instructions, "plan" always means such a single-employer plan.

* Note: The Form 10 package may be used for post event reporting for plans of any size. PBGC Form 10-SP (for plans with fewer than 500 participants) is no longer available.

Advance Reporting Rule for Non-Public Companies Return to Top

ERISA also requires that certain contributing sponsors notify PBGC at least 30 days in advance of the effective date of certain reportable events. If an advance notice is filed, no additional notice is required.

The advance notice requirement applies only to non-public companies that (1) are members of a controlled group whose plans have aggregate unfunded vested benefits of more than $50 million and an aggregate funded vested benefit percentage of less than 90 percent; and (2) are reporting about events relating to themselves or other non-public companies in the controlled group.

Form 10 and the rules described in these instructions do not apply to advance reporting. See the Form 10-Advance package and 29 CFR Part 4043, Subparts A and C, for further information about advance reporting.

Who Must Notify PBGC Return to Top

The plan administrator and each contributing sponsor of a plan for which a reportable event has occurred must file a post-event reportable event notice with PBGC. If there is a change in plan administrator or contributing sponsor, the reporting obligation applies to the plan administrator or contributing sponsor(s) on the date the post-event notice is due.

* Note: An authorized representative may file a reportable event notice on behalf of a plan administrator, a contributing sponsor or both.

A single event (such as a controlled group break-up) may be a reportable event for more than one plan in the controlled group. In that case, the reporting requirement applies to the plan administrator and each contributing sponsor of each plan. Any filing will be deemed to be a filing by all persons required to notify PBGC.

Reporting Waivers Return to Top

PBGC has waived post-event reporting for certain reportable events in certain circumstances (see Part III of these instructions). Several of these waivers are based on measures of the plan's unfunded vested benefits. Part IV describes general rules for computing plan assets and vested benefits in order to determine whether any of the funding based waivers apply.

Post-event reporting is waived for any occurrence that is reportable under more than one reportable event only if the requirements for a waiver for each reportable event are met.

How To File Return to Top

A reportable event notice may be filed with PBGC by mail, commercial delivery service, hand delivery or electronic transmission (e.g., e-mail or fax).

When To File Return to Top

A reportable event notice must be filed within 30 days after a plan administrator or contributing sponsor knows or has reason to know that a reportable event has occurred.

PBGC has extended this deadline for some events in certain specified circumstances (see Part III of these instructions).

The filing deadline for any event that is reportable under more than one reportable event will be the earliest deadline for reporting any one of the events.

In computing any period of time, the day of the event from which the period of time begins to run is not included. The last day of the period is included, unless it is a weekend or Federal holiday, in which case the period runs until the end of the next regular business day.

Filing Date Return to Top

The filing date for a reportable event notice or other required information is -

  1. By United States mail: The date of the postmark stamped on the cover in which the information is mailed, if the postmark was made by the United States Postal Service and the document was mailed postage prepaid, properly addressed to PBGC at the address listed under "Where to File";
  2. By commercial delivery service: The date the information is deposited for delivery to PBGC with a commercial delivery service, provided it is received by PBGC at the address listed under "Where to File" within two regular business days; or
  3. If not meeting the conditions in (1) or (2) above: The date the document is received by PBGC at the address listed under "Where to File".

Information received on a weekend or Federal holiday or after 5:00 p.m. on a weekday is considered filed on the next regular business day.

Special rule for electronic transmission: An electronic transmission of a reportable event notice will be deemed timely filed if (1) the transmission is received by PBGC on or before the filing deadline (including extensions), (2) the transmission contains at least the information listed on the front of the Form 10 and (3) the remaining information is received by PBGC at the address listed under "Where to File" by the second regular business day following the filing deadline (including extensions).

Where to File Return to Top

By mail, commercial delivery service or hand delivery:


Pension Benefit Guaranty Corporation
Department of Insurance Supervision and Compliance
1200 K Street, N.W.
Washington, D.C. 20005-4026

By electronic mail (e-mail):
post-event.report@pbgc.gov

By facsimile transmission (fax):
(202) 842-2643 (call (202) 326-4070 to confirm that the fax
has been received). (For TTY/TTD users, call the Federal
Relay Service toll-free at 1-800-877-8339 and ask to be
connected to the number above.)

What to File Return to Top

A plan administrator or contributing sponsor must include with the PBGC Form 10 certain specified information tailored to the particular event. This information is listed on the back of the Form 10.

If any required information has previously been submitted to PBGC, the filer may instead refer to the previous submission.

If the same event is reportable under more than one reportable event, the notice must include all the required information for each event.

If notices are required for two or more events, the notices may be combined in one filing.

PBGC may require that a plan administrator or contributing sponsor submit additional information within 30 days after the date of PBGC's written request. PBGC may shorten this 30-day period where it determines that the interests of PBGC or participants may be prejudiced by a delay in receipt of the information.

* Note: Any non-public information submitted to PBGC as part of a reportable event notice shall not be made public, except as may be relevant to any administrative or judicial action or proceeding or for disclosure to either body of Congress.

Information on Controlled Group Structure

To comply with any requirement that the reportable event notice include a description of the plan's controlled group structure (see the reverse side of the Form 10), the filer may submit a copy of an organization chart or other diagram. The description or chart may exclude de minimis 5 percent segments and foreign entities other than foreign parents.

Special Rule for Terminating Plans Return to Top

A reportable event notice is required for a plan in the process of terminating. This notice is waived if the deadline for filing the notice is on or after the date on which (1) all of the plan's assets (other than any excess assets) are distributed pursuant to a termination or (2) a trustee is appointed for the plan under ERISA § 4042(c).

Effect of Failure to File Return to Top

If a notice (or any other required information) is not provided within the specified time limit, PBGC may assess against each plan administrator and contributing sponsor required to provide the notice a separate penalty under ERISA § 4071 of up to $1,100 a day for each day for which the notice or other information is overdue (see 29 CFR Part 4071 and PBGC's Statement of Policy on Assessment of Penalties for Failure to Provide Required Information (60 FR 36837, July 18, 1995)). PBGC may pursue any other equitable or legal remedies available to it under the law.

For Questions, Problems, Copies of Forms Return to Top

If you have questions or problems regarding reportable events or you need copies of this package, the Form 10 Advance package or the Form 200 package, contact:

Pension Benefit Guaranty Corporation
Department of Insurance Supervision and Compliance
1200 K Street, N.W.
Washington, D.C. 20005-4026
Telephone: (202) 326-4000

For TTY/TTD users, call the Federal Relay Service toll free
at 1-800-877-8339 and ask to be connected to the number above.

PART II - DEFINITIONS Return to Top

Code means the Internal Revenue Code of 1986, as amended.

Contributing sponsor means a person who is a contributing sponsor as defined in ERISA § 4001(a)(13).

Controlled group means, in connection with any person, a group consisting of that person and all other persons under common control with that person (generally 80% ownership; see 29 CFR Part 4001.3). Any reference to a plan's controlled group means all contributing sponsors of the plan and all members of each contributing sponsor's controlled group.

De minimis 10-percent segment means, in connection with a plan's controlled group, one or more entities that in the aggregate have for a fiscal year:

De minimis 5-percent segment has the same meaning as a de minimis 10-percent segment, except that "5%" is substituted for "10%" each time it appears.

EIN/PN means the nine-digit employer identification number assigned by the Internal Revenue Service to a person and the three-digit plan number assigned to a plan.

Event year means the plan year in which the reportable event occurs.

Foreign entity means a member of a controlled group that:

  1. Is not a contributing sponsor of a plan;
  2. Is not organized under the laws of (or, if an individual, is not a domiciliary of) any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island and the Canal Zone; and
  3. For the fiscal year that includes the date the reportable event occurs, meets one of the following tests:

Foreign-linked entity means a person that:

  1. Is neither a foreign entity nor a contributing sponsor of a plan; and
  2. Is a member of the plan's controlled group only because of ownership interests in or by foreign entities.

Foreign parent means a foreign entity that is a direct or indirect parent of a person that is a contributing sponsor.

Notice date means the deadline (including extensions) for filing notice of the reportable event with PBGC.

Person means an individual, partnership, joint venture, corporation, mutual company, joint-stock company, trust, estate, unincorporated organization, association, or employee organization.

Public company means a person subject to the reporting requirements of § 13 or § 15(d) of the Securities Exchange Act of 1934 or a subsidiary (as defined for purposes of the Securities Exchange Act of 1934) of a person subject to such reporting requirements.

Single-employer plan means any defined benefit plan (as defined in ERISA § 3(35)) that is not a multiemployer plan (as defined in ERISA § 4001(a)(3)) and that is covered by title IV of ERISA.

Variable rate premium means the portion of the single-employer premium based on a plan's unfunded vested benefits (see ERISA § 4006(a)(3)(E) and 29 CFR § 4006.3(b)).

PART III - SPECIFIC INSTRUCTIONS Return to Top

PART IV - FUNDING-BASED WAIVERS AND EXTENSIONS Return to Top