In 2005, PBGC reorganized, creating an additional legal department called the Office of the Chief Counsel, and placed this new office under the Chief Insurance Program Officer. The Chief Counsel was given the responsibility for overseeing legal issues pertaining to PBGC's core mission functions, ...
The termination of a defined-benefit plan is generally initiated by the employer, either as a standard termination or a distress termination. Under a standard termination, the employer must demonstrate to the PBGC that there are sufficient assets in the plan to pay all benefits owed to participant...
ARPA requires that a plan that receives SFA that previously suspended benefits in accordance with MPRA must reinstate its suspended payments and provide retroactive adjustments to affected participants and beneficiaries. The reinstatement of benefits is subject to oversight by the ...
(b) It is doubtful that retroactive application of the MPPAA would be invalid under the Due Process Clause even if it was suddenly enacted without any period of deliberate consideration. But even assuming that advance notice of retroactive legislation is constitutionally compelled, employers had ample...