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PBGC Proposed Information Collection on Plan Termination Liability

Favicon for www.federalregister.gov FR: Pension Benefit Guaranty Corporation
Published March 3rd, 2026
Detected March 14th, 2026
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Summary

The Pension Benefit Guaranty Corporation (PBGC) is seeking public comment on proposed information collections related to liability for the termination of single-employer plans. This notice initiates a 51-day comment period, closing on May 4, 2026.

What changed

The Pension Benefit Guaranty Corporation (PBGC) has published a notice requesting public comment on proposed information collection requirements concerning liability for the termination of single-employer pension plans. This action is part of the Office of Management and Budget (OMB) review process for new or revised information collections. The specific details of the proposed information collection are not fully elaborated in this notice, but it pertains to the financial responsibilities of plan sponsors upon plan termination.

Regulated entities, particularly employers with single-employer defined benefit pension plans, should review the proposed information collection and submit comments to the PBGC by the deadline of May 4, 2026. Failure to comment may result in the proposed information collection being approved without consideration of potential concerns or burdens. Compliance with any subsequently approved information collection requirements will be mandatory.

What to do next

  1. Review the proposed information collection requirements regarding single-employer plan termination liability.
  2. Submit comments to the PBGC by the May 4, 2026 deadline.

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Legal Status

Notice

Proposed Submission of Information Collections for OMB Review; Comment Request; Liability for Termination of Single-Employer Plans

A Notice by the Pension Benefit Guaranty Corporation on 03/03/2026

  • 1.

1.
This document has a comment period that ends in 51 days.
(05/04/2026) Submit a public comment

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Once you have filled in the required fields below you can preview and/or submit your comment to the Pension Benefit Guaranty Corporation for review. All comments are considered public and will be posted online once the Pension Benefit Guaranty Corporation has reviewed them.

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  2. Document Details Published Content - Document Details Agency Pension Benefit Guaranty Corporation Document Citation 91 FR 10421 Document Number 2026-04182 Document Type Notice Pages 10421-10422 (2 pages) Publication Date 03/03/2026 Published Content - Document Details
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Pension Benefit Guaranty Corporation

AGENCY:

Pension Benefit Guaranty Corporation.

ACTION:

Notice of intent to request extension of OMB approval of collection of information.

SUMMARY:

The Pension Benefit Guaranty Corporation (PBGC) intends to request that the Office of Management and Budget (OMB) extend approval, under the Paperwork Reduction Act, of a collection of information contained in its regulation on Liability for Termination of Single-Employer Plans (OMB control number 1212-0017; expires August 31, 2026). This notice informs the public of PBGC's intent and solicits public comment on the collection of information.

DATES:

Comments must be received on or before May 4, 2026 to be assured of consideration.

ADDRESSES:

Comments may be submitted by any of the following methods:

  • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
  • Email: paperwork.comments@pbgc.gov. Refer to Liability for Termination of Single-Employer Plans information collection in the subject line. ( printed page 10422)
  • Mail or Hand Delivery: Legislative and Regulatory Division, Office of the General Counsel, Pension Benefit Guaranty Corporation, 445 12th Street SW, Washington, DC 20024-2101. Commenters are strongly encouraged to submit comments electronically. Commenters who submit comments on paper by mail should allow sufficient time for mailed comments to be received before the close of the comment period.

All submissions received must include the agency's name (Pension Benefit Guaranty Corporation, or PBGC) and refer to OMB control number 1212-0017. All comments received will be posted without change to PBGC's website, www.pbgc.gov, including any personal information provided. Do not submit comments that include any personally identifiable information (such as name, address, or other contact information) or confidential business information that you do not want publicly disclosed. Comments may be submitted anonymously.

Copies of the collection of information may be obtained without charge by writing to Disclosure Division (disclosure@pbgc.gov), Office of the General Counsel, Pension Benefit Guaranty Corporation, 445 12th Street SW, Washington, DC 20024-2101, or calling 202-229-4040 during normal business hours. If you are deaf or hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services.

FOR FURTHER INFORMATION CONTACT:

Abigail Davidow (davidow.abigail1@pbgc.gov), Deputy Assistant General Counsel, Legislative and Regulatory Division, Office of the General Counsel, Pension Benefit Guaranty Corporation, 445 12th Street SW, Washington, DC 20024-2101; 202-229-6563. If you are deaf or hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services.

SUPPLEMENTARY INFORMATION:

Section 4062 of the Employee Retirement Income Security Act of 1974, as amended, provides that the contributing sponsor of a single-employer pension plan and members of the sponsor's controlled group (“the employer”) incur liability (“employer liability”) if the plan terminates with assets insufficient to pay benefit liabilities under the plan. PBGC's statutory lien for employer liability and the payment terms for employer liability are affected by whether and to what extent employer liability exceeds 30 percent of the employer's net worth. Section 4062.6 of PBGC's employer liability regulation (29 CFR part 4062) requires a contributing sponsor or member of the contributing sponsor's controlled group that believes employer liability upon plan termination exceeds 30 percent of the employer's net worth to notify PBGC and submit net worth information to PBGC. This information is necessary to enable PBGC to determine whether and to what extent employer liability exceeds 30 percent of the employer's net worth.

The collection of information under the regulation has been approved by OMB under control number 1212-0017 (expires August 31, 2026). PBGC intends to request that OMB extend its approval for another three years. 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.

PBGC estimates that an average of 19 contributing sponsors or controlled group members per year will respond to this collection of information. PBGC further estimates that the average annual burden of this collection of information will be 12 hours and $5,400 per respondent, with an estimated total annual burden of 228 hours and $102,600.

PBGC is soliciting public comments to—

  • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
  • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodologies and assumptions used;
  • Enhance the quality, utility, and clarity of the information to be collected; and
  • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g. permitting electronic submission of responses. Joseph Krettek,

Assistant General Counsel, Legislative and Regulatory Division, Pension Benefit Guaranty Corporation.

[FR Doc. 2026-04182 Filed 3-2-26; 8:45 am]

BILLING CODE 7709-02-P

Published Document: 2026-04182 (91 FR 10421)

Classification

Agency
Office of the Federal Register
Published
March 3rd, 2026
Compliance deadline
May 4th, 2026 (51 days)
Instrument
Consultation
Legal weight
Non-binding
Stage
Consultation
Change scope
Substantive

Who this affects

Applies to
Employers Public companies
Geographic scope
National (US)

Taxonomy

Primary area
Pensions & Retirement
Operational domain
Compliance
Topics
Corporate Governance Financial Services

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