Retirement: Defined Benefit Plans & PBGC


Legislative — proposals, bills and analysis from the 112th and 113th Congresses (2011-present)
Regulatory — administrative rules and information from U.S. offices and agencies
Judicial — current and past court cases and amicus briefs
Archive — All materials dated prior to 2011
Press Releases — Council statements and advisories to the news media
See Also — for related information



(Items in italic are available only to Council members.)

Official Source Documents

October 22, 2014 — Wyden/Harkin Letter to Obama Administration Suggesting Guidance on Pension Plan De-Risking

September 22, 2014 — Retirement Security Preservation Act (S. 2855)(Portman-Cardin)

July 31, 2014 — Bill Amending ERISA Section 4062(e) to Clarify Definition of Substantial Cessation of Operations (S. 2511), as Passed by Senate HELP Committee

July 31, 2014 — Tiberi-Neal Bill to Amend the Nondiscrimination Provisions of the Tax Code to Protect Older, Longer Service Participants (H.R. 5381)

July 29, 2014 — Highway and Transportation Funding Act (H.R. 5021), as considered by Senate

July 10, 2014 — Highway and Transportation Funding Act (H.R. 5021), as passed by House

July 10, 2014 — Joint Committee on Taxation Summary of the Preserving America's Transit and Highways Act

July 10, 2014 — Chairman's Mark of the Highway and Transportation Funding Act (H.R. 5021), As Passed by House Ways and Means Committee

July 10, 2014 — Joint Committee on Taxation Summary of the Highway and Transportation Funding Act (H.R. 5021)

July 9, 2014 — NCOIL Proposed Pension De-Risking Model Act

June 19, 2014 — Bill Amending ERISA Section 4062(e) to Clarify Definition of Substantial Cessation of Operations (S. 2511)

April 7, 2014 — Emergency Unemployment Compensation Extension Act (H.R. 3979), as Passed by Senate

March 25, 2014 — Emergency Unemployment Compensation Extension Act (S. 2149)

March 18, 2014 — The Cooperative and Small Employer Charity Pension Flexibility Act (H.R. 4275)

March 13, 2014 — Emergency Unemployment Compensation Extension Act (S. 2148), Including Pension Funding Stabilization

March 10, 2014 — Responsible Unemployment Compensation Extension Act (S. 2097)

February 4, 2014 — Emergency Unemployment Compensation Extension Act (S. 1845), Including Pension Funding Stabilization

January 30, 2014 — USA Retirement Funds Act (S. 1979)

January 28, 2014 — The Cooperative and Small Employer Charity Pension Flexibility Act (S. 1302), As Passed by Senate

December 10, 2013 — Legislative Text of the Bipartisan Budget Act (Including PBGC Premium Increases)

December 10, 2013 — Short Summary of the Bipartisan Budget Act (Including PBGC Premium Increases)

December 10, 2013 — Section-by-Section Summary of the Bipartisan Budget Act (Including PBGC Premium Increases)

July 16, 2013 — Cooperative and Small Employer Charity Pension Flexibility Act (S. 1302)

July 9, 2013 — Secure Annuities for Employee (SAFE) Retirement Act of 2013 (S. 1270)(Hatch)

July 9, 2013 — Official Summary of the Secure Annuities for Employee (SAFE) Retirement Act of 2013 (S. 1270)(Hatch)

May 22, 2013 — Retirement Plan Simplification and Enhancement Act (Neal)

May 22, 2013 — Official Summary of the Retirement Plan Simplification and Enhancement Act (Neal)

March 28, 2013 — GAO Report: PRIVATE PENSIONS: Timely Action Needed to Address Impending Multiemployer Plan Insolvencies

June 28, 2012 — List of Modifications to Conference Report to Accompany the Moving Ahead for Progress in the 21st Century (MAP-21) Act (H.R. 4348), including Pension Funding Stabilization and PBGC Premium Increases

June 28, 2012 — Conference Report to Accompany the Moving Ahead for Progress in the 21st Century (MAP-21) Act (H.R. 4348), including Pension Funding Stabilization and PBGC Premium Increases

April 19, 2012 — Moving Ahead for Progress in the 21st Century (MAP-21) Act (H.R. 4348), as Passed by House (Does Not Include Pension Funding Stabilization)

April 16, 2012 — CRS Report: Pension Benefit Guaranty Corporation (PBGC): A Fact Sheet (Includes Funding Stabilization Analysis)

March 29, 2012 — Rebuild America Act (Harkin)

March 14, 2012 — Moving Ahead for Progress in the 21st Century (MAP-21) Act (S. 1813), as Passed by Senate, including Pension Interest Rate Reform (Page 1472)

March 14, 2012 — Manager's Amendment to the Highway Investment, Job Creation and Economic Growth Act (S. 1813), including Pension Interest Rate Reform (Page 83)

February 15, 2012 — Reid/Senate Finance Committee Amendment to the Highway Investment, Job Creation and Economic Growth Act (S. 1813)

February 15, 2012 — Reid/Senate Finance Committee Amendment to the Highway Investment, Job Creation and Economic Growth Act (S. 1813), Finance Division

February 15, 2012 — Official Summary of Reid/Senate Finance Committee Amendment to the Highway Investment, Job Creation and Economic Growth Act (S. 1813), Finance Division

July 26, 2011 — Pension Technical Modifications Act (H.R. 2656)(Kind)

Council Materials

October 23, 2014 — Society of Actuaries Response to Council Letter Regarding Forthcoming RP-2014 Mortality Tables and Mortality Improvement Scale MP-2014

October 10, 2014 — Council Letter to House Ways and Means and Education and the Workforce Committees in Support of S. 2511

October 10, 2014 — Council Letter to Senate Committee on Health, Education, Labor and Pensions in Support of S. 2511

October 6, 2014 — Summary & Talking Points: Bipartisan Senate-Passed 4062(e) Reforms

October 6, 2014 — Council Letter to House Subcommittee in Support of H.R. 5381 on Frozen Defined Benefit Plans and Nondiscrimination Rules

October 6, 2014 — Council Letter to Senators Portman and Cardin in Support of the Retirement Security Preservation Act of 2014 (S. 2855)

September 16, 2014 — Council Submission on the Senate Finance Committee Hearing "Retirement Savings 2.0: Updating Savings Policy for the Modern Economy"

July 23, 2014 — Summary of S. 2511, A Bill Amending ERISA Section 4062(e) (Prepared by Davis & Harman LLP)

July 9, 2014 — Council letter to NCOIL Regarding Proposed Pension De-Risking Model Act

July 9, 2014 — Summary of Concerns Regarding NCOIL Proposed Pension De-Risking Model Act

June 3, 2014 — Group Letter to PBGC Board of Directors Regarding 4062(e) Enforcement Action

May 29, 2014 — Council Talking Points: Concerns Regarding PBGC

April 17, 2014 — Council Talking Points: Survey Shows Hundreds of Thousands of Participants Could Lose Benefits If Testing Issue Not Fixed

April 8, 2014 — BENEFITS BLUEPRINT: Summary of Senate-Passed Funding Stabilization Extension (Prepared by Kent Mason of Davis & Harman LLP)

January 27, 2014 — Council Talking Points: The Interaction Between Funding Rules and PBGC's Financial Condition

January 27, 2014 — Council Talking Points: Delaying Funding Stabilization's Phase-Out to Correspond to Interest Rate Projections

December 10, 2013 — Council Letter to Budget Conference Committee Regarding PBGC Premiums & Other Benefit Tax Incentives

December 10, 2013 — Straightforward Math: The PBGC's Financial Troubles are a Myth

December 6, 2013 — ACTION ALERT: Urge Lawmakers to Reject PBGC Premium Increases as Part of Budget Deal

December 5, 2013 — Group Letter to Budget Conferees Regarding PBGC Premiums

November 14, 2013 — BENEFITS BLUEPRINT: Issues for Defined Benefit Plans Under the Proposed Minimum Distribution Reforms (Prepared by Kent Mason of Davis & Harman LLP) For Members Only

June 25, 2013 — Benefits Briefing Webinar Presentation Slides: Multiemployer Pension Plans (Chris Condeluci, Venable; Randy DeFrehn, NCCMP; Mike Kiely, UPS)

April 15, 2013 — Council Statement to the Pension/Retirement Tax Reform Working Group of the House Ways and Means Committee

March 19, 2013 — Summary Presentation on Single-Employer Defined Benefit Plans (Prepared by Kent Mason, Davis & Harman LLP)

December 5, 2012 — Group Sign-On Letter to Congress Urging Further Analysis of PBGC Premiums

November 29, 2012 — Benefits Briefing Presentation Slides: Defined Benefit Plan Issues & The Council's Six-Point Plan (Kent Mason, Davis & Harman)

November 28, 2012 — Defined Benefit Plans: A Six-Point Plan to Address the Accelerated Exodus

November 13, 2012 — Ten Reasons to Doubt the PBGC Deficit

November 12, 2012 — Talking Points on PBGC Deficit: A Non-Event on the Horizon

June 12, 2012 — Council Letter to Congressional Leadership/Committees Urging Action on Defined Benefit Plan Funding Stabilization and Opposing PBGC Premium Increases

May 15, 2012 — Group Letter to Congress Urging Defined Benefit Funding Interest Rate Stabilization

April 10, 2012 — Funding Stabilization: Stabilizing the Input Versus Stabilizing the Output

April 4, 2012 — Council Questions and Answers Regarding Defined Benefit Plan Funding Stabilization Legislation

March 28, 2012 — Proposal to Increase PBGC Premiums: Myths and Facts

February 3, 2012 (Originally Prepared October 19, 2011) — Defined Benefit Pension Plan Funding Proposal: Raising Revenue and Saving Jobs by Resolving a Conflict Between Pension Policy and Economic Policy

November 2, 2011 — Group Letter to Congress Opposing PBGC Premium Proposal

October 13, 2011 — ACTION ALERT: PBGC Premiums

July 22, 2011 — ACTION ALERT: Contact Congress Regarding PBGC Premiums and Deficit

July 12, 2011 — Council Testimony before Senate HELP Committee on the Importance of Pensions

July 5, 2011 — Council Letter to Congress Regarding PBGC Premium Proposal (House version | Senate version)

July 5, 2011 — Myths and Facts: PBGC Deficit and Premium Proposals

April 4, 2011 — Group Letters to Senate and House Regarding PBGC Premiums

Official Source Documents

November 24, 2014 — PBGC Final Regulations on Title IV Treatment of Rollovers from Defined Contribution Plans to Defined Benefit Plans

October 30, 2014 — Pension Plan Valuation: Views on Using Multiple Measures to Offer a More Complete Financial Picture

October 27, 2014 — Society of Actuaries Final Mortality Table Reports and Responses to Comments

October 17, 2014 — PBGC Technical Update 2014-2: Effect of HATFA on 4010 Reporting

September 24, 2014 — PBGC Technical Update 2014-01: Effect of Highway and Transportation Funding Act on PBGC Premiums

September 23, 2014 — PBGC Information Collection Request on Proposal Updating Reporting of De-Risking Strategies

September 11, 2014 — IRS Notice 2014-53: Guidance on Pension Funding Stabilization under the Highway and Transportation Funding Act of 2014 (HATFA)

July 8, 2014 — PBGC Release on 2014 Moratorium on 4062(e) Enforcement

May 30, 2014 — IRS Private Letter Rulings Regarding Sponsors Offering Lump Sums to Retirees in Pay Status

May 28, 2014 — PBGC Final Regulations on Multiemployer Plans, Valuation and Notice Requirements

May 6, 2014 — PBGC Final Regulations on Benefits Payable in Terminated Single-Employer Plans; Limitations on Guaranteed Benefits; Shutdown and Similar Benefits

April 2, 2014 — PBGC Proposed Regulations on Title IV Treatment of Rollovers from Defined Contribution Plans to Defined Benefit Plans

January 28, 2014 — PBGC Proposed Regulations on Multiemployer Plans, Valuation and Notice Requirements

January 23, 2014 — IRS Announcement 2014-04: Extension of Deadline to submit On-Cycle Applications for Opinion and Advisory Letters for Pre-Approved Defined Benefit Plans

January 2, 2014 — PBGC Final Regulations on Defined Benefit Plan Flat-Rate Premiums and Procedures

December 13, 2013 — IRS Notice 2014-5: Temporary Nondiscrimination Relief for Closed Defined Benefit Plans and Request for Comments

November 21, 2013 — Letter from Senators Rob Portman (R-OH) & Ben Cardin (D-MD) Regarding Treasury Position on Defined Benefit Plan Nondiscrimination Issue

November 5, 2013 — ERISA Advisory Council Executive Summary of Recommendations to DOL

July 23, 2013 — PBGC Proposed Regulations on Defined Benefit Plan Premium Rates and Procedures

July 10, 2013 — IRS Notice 2013-49: Updated Static Mortality Tables for the Years 2014 and 2015

June 20, 2013 — Letter from 28 House Members to Treasury Regarding Nondiscrimination Rules and Frozen Plans

April 2, 2013 — PBGC Proposed Regulations on Reportable Events and Other Notification Requirements

March 8, 2013 — DOL FAB 2013-1: ERISA Annual Funding Notice Requirements under MAP-21

February 11, 2013 — IRS Notice 2013-11: 25-Year Average Segment Rates and Adjusted 24-Month Average Segment Rates Used for Pension Funding for Plan Years Beginning in 2013

November 26, 2012 — IRS Notice 2012-70 Extending Section 436 Plan Amendment Deadlines

November 8, 2012 — GAO Report — Pension Benefit Guaranty Corporation: Redesigned Premium Structure Could Better Align Rates with Risk from Plan Sponsors

November 7, 2012 — IRS Final Regulations Regarding Prohibited Payment Options under Single-Employer Defined Benefit Plan of Plan Sponsor in Bankruptcy

October 5, 2012 — IRS Notice 2012-64: Update for Weighted Average Interest Rates, Yield Curves, and Segment Rates

September 11, 2012 — PBGC Comment Request on Payment of Premiums

September 11, 2012 — PBGC Technical Update 2012-02: Effect of MAP-21 on 4010 Reporting

September 11, 2012 — IRS Notice 2012-61: Guidance on Pension Funding Stabilization under the Moving Ahead for Progress in the 21st Century Act (MAP-21)

August 28, 2012 — PBGC Technical Update 2012-01: Effect of MAP-21 on PBGC Premiums

August 16, 2012 — IRS Notice 2012-55 of 25-Year Average Segment Rates and Adjusted 24-Month Average Segment Rates for Pension Funding

June 20, 2012 — IRS Proposed Regulations on Prohibited Payment Options under a Single-Employer Defined Benefit Plan of a Plan Sponsor in Bankruptcy

February 9, 2012 — PBGC Policy Statement: Premium Penalty Relief for Certain Delinquent Plans

December 22, 2011 — PBGC Policy Statement: Premium Changes Based On Recharacterization of Contributions

November 29, 2011 — IRS Notice 2011-96: Sample Plan Amendment for Section 436

September 14, 2011 — PBGC Notice Providing Premium Penalty Relief and Alternative Premium Funding Target Election Relief

June 30, 2011 — GAO Report: Pension Benefit Guaranty Corporation: Asset Management Needs Better Stewardship

March 11, 2011 — PBGC Proposed Regulation on Benefits Payable in Terminated Single-Employer Plans; Limitations on Guaranteed Benefits

Council Materials

November 24, 2014 — Council Comments to PBGC on Proposed Revisions to the 2015 PBGC Premium Filing Procedures

October 17, 2014 — Council Letter to Society of Actuaries Regarding Forthcoming RP-2014 Mortality Tables and Mortality Improvement Scale MP-2014

October 9, 2014 — Pomeroy Perspectives: A Legacy of Pensions - An Interview with Josh Gotbaum

September 5, 2014 — Council Letter to PBGC Regarding Need for Funding Stabilization Guidance under Highway Trust Fund Act

August 28, 2014 — Council Letter to Treasury/IRS Regarding Need for Funding Stabilization Guidance under Highway Trust Fund Act

August 18, 2014 — Council Letter to DOL Regarding Funding Stabilization Provision in Recent Highway Trust Fund Act

August 5, 2014 — Talking Points: Take-Aways from PBGC's 2013 Projections Report

June 25, 2014 — Benefits Briefing Webinar Presentation Slides: Mortality Tables & Retirement Plans (Alan Glickstein, Towers Watson)

June 5, 2014 — GRIST Report: Society of Actuaries’ draft pension mortality study sparks concerns and comments (Courtesy of Mercer)

May 30, 2014 — Council Letter to the Society of Actuaries Regarding RP-2014 Mortality Tables and Mortality Improvement Scale MP-2014

April 24, 2014 — Benefits Briefing Webinar Presentation Slides: Dealing with PBGC Downsizing Liability (Harold Ashner, Keightley & Ashner)

April 15, 2014 — Council Letter to Treasury Regarding Funding Regulations and Liquidity Shortfalls

February 28, 2014 — Council Comments to IRS on Notice 2014-05, Temporary Nondiscrimination Relief for Closed Defined Benefit Plans

January 10, 2014 — Benefits Briefing Webinar Presentation Slides: Defined Benefit Plan De-Risking and PBGC Premiums — Political Outlook (Kent Mason, Davis & Harman)

January 10, 2014 — Benefits Briefing Webinar Presentation Slides: Background on Pension Risk Transfer in 2014 (Jonathan Barry, Mercer)

January 10, 2014 — Benefits Briefing Webinar Presentation Slides: Population Segmentation for Settlement Strategies (Ari Jacobs, Aon Hewitt)

January 10, 2014 — Benefits Briefing Webinar Presentation Slides: Highlights of Legal Issues in Annuity Contract Pension Settlement Transactions (Kevin Noble, Jones Day)

January 10, 2014— Benefits Briefing Webinar Presentation Slides: Lump Sum Settlements in Pension Derisking: Highlights (Josina Barker, Ivins, Phillips & Barker)

December 5, 2013 — Benefits Briefing Webinar Presentation Slides: Pensions and Other Postretirement Plans (Peter Proestakes and Philip Hood, FASB)

December 5, 2013 — Benefits Briefing Webinar Presentation Slides: FASB Pension Issues (Michael Kiely, UPS)

December 3, 2013 — Benefits Briefing Webinar Presentation Slides: Multiemployer Pension Plans (Joshua Gotbaum, PBGC)

November 22, 2013 — BENEFITS BLUEPRINT: Troubling Conclusions from ERISA Advisory Council Regarding Defined Benefit Plan De-Risking (Prepared by Kent Mason of Davis & Harman LLP)

September 16, 2013 — Council Submission to ERISA Advisory Council Regarding Defined Benefit Plan De-Risking

June 5, 2013 — Testimony of Craig Rosenthal (Mercer) on behalf of the Council before the ERISA Advisory Council Hearing on Private Sector De-Risking and Participant Protections

June 3, 2013 — Council Comment Letter to PBGC Regarding Proposed Regulations on Reportable Events and Other Notification Requirements

May 29, 2013 — Council Letter to Treasury Regarding Nondiscrimination Rules and Frozen Plans

November 15, 2012 — Council Letter to Treasury Regarding Nondiscrimination Rules and Frozen Plans

November 13, 2012 — Council Letter to FASB Regarding Interest Rates for Pension Accounting

November 13, 2012 — Council Letter to SEC Regarding Interest Rates for Pension Accounting

September 12, 2012 — Summary and Analysis of IRS Notice 2012-61, Defined Benefit Pension Plan Funding Stabilization Guidance under MAP-21

July 27, 2012 — Council Letter to Treasury/IRS Requesting Guidance under Pension Funding Interest Rate Stabilization, Including Addressing Lump Sum Distributions

July 19, 2012 — Actuarial Letter to Treasury Recommending Publication of New 25-Year Interest Rates

July 10, 2012 — Council Letter to Treasury/IRS Requesting Expedited Guidance under Pension Funding Interest Rate Stabilization

April 24, 2012 — Council Letter to IRS Requesting Guidance for Frozen Plan Transition Approaches

March 29, 2012 — Memorandum: New Developments under ERISA Section 4062(e)

September 26, 2011 — Group Letter to PBGC Regarding Filing Issues

June 24, 2011 — Group Letter to PBGC Regarding Concerns with Premium Filing Review

March 22, 2011 — ACTION ALERT: PBGC Premiums Issue

Official Source Documents
Council Materials

Ten reasons to doubt PBGC's reported deficit
November 15, 2011

Forthcoming PBGC deficit announcement a "non-event"
November 14, 2011

Employer-sponsored retirement plans play vital role in ensuring national, personal financial security
September 15, 2011

Proposals to increase PBGC premiums on companies based on flawed assumptions about agency's 'deficit'
July 29, 2011

Cash Balance Plans · Savings Initiatives · Miscellaneous Retirement