Form 200 Instructions NOTICE OF FAILURE TO MAKE REQUIRED CONTRIBUTIONS The Form 200 is used to notify the Pension Benefit Guaranty Corporation of a failure to make required contributions to a single-employer plan that is covered under ERISA section 4021 and whose FTAP is less than 100% if the total of unpaid balances, including interest, exceeds $1 million (see ERISA section 303(k)(4) (A) and Code section 430(k)(4)(A)). For questions, contact (202) 326-4070 or form200@pbgc.gov. Table of Contents Page Introduction 2 General Instructions 4 Definitions 6 Specific Instructions 6 General Plan Information 6 Plan Funding Information 7 Additional Information to be Filed 7 Actuarial Information 8 Certifications 9 Appendix – Example of Calculation Concerning Failure to Make Required Funding Payments A-1 |
Form 200 Instructions and-several liability of each controlled group INTRODUCTION member for required payments (whether the controlled group of which a contributing ERISA §303(k) and Code §430(k) provide that a sponsor is a member is a “parent-subsidiary,” lien arises in certain cases where there is a failure “brother-sister,” or “combined” group), to make required contributions to a single- the imposition of the lien on all assets of employer plan covered under ERISA §4021 whose each controlled group member, or the ability funding target attainment percentage (as defined in of PBGC to take all appropriate steps to ERISA §303(d) and Code §430(d)(2)) is less than perfect and enforce the lien. 100 percent. The lien arises, in favor of the plan, upon all property and rights to property (whether PBGC has restricted Form 200 to information real or personal) belonging to the person or persons generally needed in its decision-making who are liable for required contributions (i.e., a regarding enforcement of a lien imposed by contributing sponsor and each member of the ERISA §303(k) and Code §430(k). If PBGC controlled group of which that contributing sponsor concludes that it needs additional information is a member) if: in a particular case, it will notify (in writing) the person required to supplement the Form 200 1. any person fails to make a required and specify the date by which the additional contribution payment when due, and information must be submitted. 2. the unpaid balance of the payment (including What’s New interest), when added to the aggregate unpaid balance of all preceding such payments for The Form 200 instructions and Form 200 have which payment was not made when due been changed as follows: (including interest), exceeds $1 million. • Added the amount of required payment that resulted in the requirement to notify Any lien imposed for failure to make required PBGC (this is in addition to the already contributions may be perfected and enforced only required due date of required payment that by PBGC or, at its direction, by the plan’s resulted in the requirement to notify contributing sponsor or any member of the PBGC). contributing sponsor’s controlled group. ERISA • PBGC no longer accepts electronic §303(k)(4)(A) and Code §430(k)(4)(A) require that filing by email as of October 1, 2021. PBGC be notified whenever there is a failure to PBGC’s e-filing portal, available for make a required payment and the total of unpaid reportable events filings since 2016, balances (including interest) exceeds $1 million. offers a secure application for Notice must be provided within 10 days of the due submitting Form 200 information. The date for the required payment. e-filing portal allows filers to: To comply with this notification requirement, − Review filings and generate a list PBGC regulations (29 CFR 4043.81) require that a of omissions and inconsistencies contributing sponsor and, if that contributing prior to submission to ensure that sponsor is a member of a parent-subsidiary filings are complete. controlled group, the “ultimate parent,” file Form − Save a partially completed filing. 200 whenever such a failure occurs. − Modify information any time prior to submission. Note: PBGC’s decision not to require (at this time) − Pre-populate a filing with data from a previously submitted filing. controlled group members other than − contributing sponsors and ultimate parents to file Route the filing as needed to facilitate e- certifications. Form 200 does not in any way limit the joint- − Review prior filings submitted via the e- filing portal. 2 |
Form 200 Instructions The portal can be accessed using the following address: efilingportal.pbgc.gov. Notification of future changes to any forms and instructions may be found under “What’s New” on the Employers & Practitioners page at www.pbgc.gov/whatsnew. 3 |
Form 200 Instructions GENERAL INSTRUCTIONS Attaching files Who Must File Filers may attach electronic files to their submission. Examples of files that may be attached include, but Form 200 must be filed by (1) a contributing are not limited to, actuarial valuation reports, sponsor and (2) if a contributing sponsor is a financial statements, and organizational charts. member of a “parent-subsidiary” controlled group, the ultimate parent of such group. If you are filing materials electronically that are However, if a timely and complete Form 200 is larger than 10 megabytes, please use Leap-FILE. properly filed by either a contributing sponsor or First send an email to form200@pbgc.gov to request the ultimate parent, PBGC will deem the other to a recipient email address. The email address provided have so filed. (As noted in the “Introduction,” will be that of a PBGC staff member, e.g., a “[last each other member of any controlled group of name].[first name]@pbgc.gov” email address. Enter which a contributing sponsor is a member also is “pbgc.leapfile.com” in your Internet browser, click jointly and severally liable for required on “secure upload,” enter the email address provided payments, and PBGC may enforce the statutory by PBGC in the “Recipient Email” field, and attach lien imposed on its assets.) the files. Note: An authorized representative may file a When to File Form 200 on behalf of a contributing sponsor, a parent, or both. Form 200, including all required documentation and information, must be filed with PBGC no later than Special Rule for Terminating Plans: The fact that 10 days after the due date for the required payment. a plan is in the process of terminating does not mean that a Form 200 notice need not be filed. Note: Form 200 must be filed each time there is a However, a notice is waived if the deadline for failure described in ERISA § 303(k)(1) and Code filing the notice is on or after the date on which § 430(k)(1) and the total of unpaid balances of (1) all of the plan’s assets (other than any required payments (including interest) exceeds $1 excess assets) are distributed pursuant to a million. termination or (2) a trustee is appointed for the plan under ERISA § 4042(c). Notice Filing Date How to File The date a Form 200 is considered to have been filed is the date received through PBGC’s e-filing portal. Forms must be prepared and filed See 29 CFR § 4000.29. electronically using the 4043 module of PBGC’s e-filing portal. To request an Computation of time: In computing the 10-day exemption from e-filing, send a request via period, the due date of the payment that resulted in email to form200@pbgc.gov. the requirement to notify PBGC is not included. Form 200 is due 10 days thereafter unless that day is a Saturday, Sunday, or Federal holiday, in which case the 10-day period runs until the next day that is not a Saturday, Sunday, or Federal holiday. 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. 4 |
Form 200 Instructions What to File For Questions or Problems Regarding Form 200 A contributing sponsor must use the PBGC Form 200 to file a notice of a failure to make required If you have questions or problems regarding Form contributions. Certain individual items on the form 200 or these instructions, contact: call for additional information. Pension Benefit Guaranty Corporation Attachments Corporate Finance and Restructuring Department 445 12th Street SW, Washington DC 20024-2101 If responding to an item requires the attachment of Telephone: 202-326-4070 documentation or information, mark the attachment Email: form200@pbgc.gov to identify the item to which it responds. If you are having problems using the e-filing portal, Previously Submitted Information contact PBGC at efiling.portal@pbgc.gov. Because ERISA §303(k)(4)(A) and Code If you are deaf, hard of hearing, or have a speech §430(k)(4)(A) require that PBGC be notified each disability, please dial 7-1-1 to access time there is a failure to make a required payment and telecommunications relay services. the total of unpaid balances of required payments (including interest) exceeds $1 million, more than Copies of Form 200 and instructions may be one filing may be required regarding the same plan, obtained from PBGC’s website at http:// and at least some of the information included in a www.pbgc.gov/prac/ forms. previous Form 200 filing may continue to be accurate and responsive at the time that a subsequent Form Reportable Event 200 must be filed. It also is possible that information submitted to PBGC in another context (e.g., in a A failure to make a required contribution may also distress termination filing pursuant to ERISA be a reportable event under 29 CFR 4043.25(a). If §4041(c) or in a notice of a reportable event required with respect to such failure, a Form 200 is by 29 CFR Part 4043) is responsive. A filer may completed and submitted in accordance with 29 respond to an item that calls for previously submitted CFR 4043.81, the Form 200 filing is deemed documentation or other information by identifying to satisfy the reportable event requirement the previous submission in which the response was (see 29 CFR 4043.25(b)). provided. Note: If a contributing sponsor or controlled group Effect of Failure to Timely File member files a complete Form 200 with PBGC within 10 days of the due date of the payment in If a Form 200 (or other required information) is not accordance with 29 CFR §4043.81, the Form 200 provided within the specified time limit, PBGC may filing satisfies the notice requirement for purposes of assess a penalty under ERISA §4071 against each 29 CFR 4043.25(a). However, Form 10 may also be person required to provide the Form 200 (see 29 CFR filed if desired. Choosing to rely on Form 200 to Part 4071 and PBGC’s Statement of Policy on satisfy the Form 10 filing requirement does not make Assessment of Penalties for Failure to Provide the Form 200 a reportable event filing under ERISA Required Information (60 FR 36837, July 18, 1995)). §4043 and does not give the Form 200 filing the PBGC may pursue any other equitable or legal benefit of the confidentiality protection for remedies available to it under the law. reportable event notices under ERISA §4043(f). 5 |
Form 200 Instructions DEFINITIONS Required installment means any of the four quarterly contribution payments required for each As used in PBGC Form 200 and these instructions: plan year by ERISA §303(j) and Code §430(j). Code means the Internal Revenue Code of 1986, as Required payment means a required installment or amended. other payment required under ERISA §§ 302 and 303 and Code §§ 412 and 430 or as a result of a funding Contributing sponsor means a person that is a waiver. contributing sponsor as defined in ERISA §4001(a) (13). Single-employer plan means any defined benefit plan (as defined in ERISA §3(35)) that is not a Controlled group, for purposes of ERISA §303(k) multiemployer plan (as defined in ERISA and Code §430(k), means any group treated as a §4001(a) (3)) and that is covered by title IV of single employer under subsection (b), (c), (m), or ERISA. (o) of Code §414. Ultimate Parent means the parent at the highest Due date means the date set forth in ERISA §303(j) level in the chain of corporation and/or other and Code §430(j) for payment of a required organizations constituting a parent-subsidiary installment and, in the case of a payment other than a controlled group. (For example, if Corporation A required installment, the date such payment is owns all of the stock of Corporation B and required to be made under ERISA §303 and Code Corporation C, and Corporation B owns all of the §430. stock of Corporation X, the contributing sponsor, then the “ultimate parent” of Corporation X is EIN/PN means the nine-digit employer Corporation A.) identification number assigned by the Internal Revenue Service to a person and the three-digit plan SPECIFIC INSTRUCTIONS number assigned to a plan. The EIN/PN should be the EIN/PN most recently reported for a PBGC General Plan Information premium filing (if applicable). • Complete name of the plan as it appears on the plan document and the plan year commencement ERISA means the Employee Retirement Income date Security Act of 1974, as amended. • The EIN/PN reported should be the EIN/PN most recently reported for a PBGC premium filing (if IRS means the Internal Revenue Service. applicable). If the plan has never made a PBGC premium filing, enter the EIN assigned to the Notice due date means the deadline for filing a Form contributing sponsor by the IRS for income tax 200 with PBGC. purposes and the PN assigned by the contributing sponsor. Notice Filing Date means the date the Form 200 is received by PBGC. • Name, address, telephone number, and email address of the individual or the board or other Person means an individual, partnership, joint entity, if any, specifically designated as plan venture, corporation, mutual company, joint-stock administrator by the terms of the plan or trust company, trust, estate, unincorporated organization, agreement. If none is so designated, enter the association, or employee organization. name, address, telephone number, and email address of the contributing sponsor. 6 |
Form 200 Instructions • The name, title, e-mail address, and phone • Operational status of each controlled group number of an individual whom PBGC should member (in Chapter 7 proceedings, liquidating contact if it has questions about the filing. outside of bankruptcy, in Chapter 11 proceedings, on-going, etc.) Plan Funding Information • Name, address, telephone number and EIN of Note: An enrolled actuary must certify that the • each contributing sponsor of the plan information in this section is true, correct, and • Reason contribution was not made by due date complete, and conforms to applicable regulatory requirements (see Certification section). • Copy of any IRS letter(s) granting or modifying a funding waiver and/or extension of the amortization period • Due date of required payment. • Amount of the required payment. • Statement describing any pending request(s) for a funding waiver and/or extension of the • The total amount, as of the due date, of the amortization period unpaid balance of the required payment and the • Copies of audited financial statements (if aggregate unpaid balance of all preceding available) or (if not) unaudited financial required payments for which payment was not statements that were prepared for the made when due (i.e., include in this amount the contributing sponsor and each other controlled unpaid balances, including interest, of all group member individually, including balance required payments for which payment was not sheets, income statements, statements of cash made when due). See Appendix for an example flows, of how to compute the total amount. • and notes to financial statements and annual • Description of how the unpaid balance of reports. However, if financial statements were required payments was determined. This only prepared on a consolidated basis for more description must include an attached spreadsheet than one controlled group member, consolidated that shows the details of the calculation (see financial statements and consolidating financial Appendix for an example of how the required statements (if available) and (if not) information may be shown). consolidating trial balances that identify each controlled group member individually may be Additional Information to be Filed attached instead. Copies of financial statements for the most recent three fiscal years available, Additional information to be filed (check all boxes and the most recent available interim financial for information attached to form; see below for statement, for each member of the plan’s description of Actuarial Information required). controlled group, including the contributing • Description of the plan’s controlled group sponsor and the ultimate parent structure (including the contributing sponsor and the ultimate parent of the controlled group), Also include an explanation of any information including the name, address, telephone number, required to be filed but missing from the filing. and EIN of each controlled group member Note – Simplified Reporting: Most “Additional • Location of real property owned by each Information to be Filed” does not need to be controlled group member submitted if the filer has not missed any required • Name and address of the controlled group’s contribution (other than the missed contribution that principal executive office triggered the Form 200 filing requirement) during 7 |
Form 200 Instructions the two-year period ending on the notice due date for 430(h)(2)(A)); the Form 200 and has made up the missed contribution by the notice due date. The only – The target normal cost calculated pursuant to additional information required is the reason the ERISA section 303 without regard to contribution was not made by the due date. PBGC subsection 303(i)(2) (and Code section 430 may also request evidence that the contribution has without regard to subsection 430(i)(2)); been made. The filer should note Simplified – For the plan year and the four preceding Reporting is being used in the missing information plan years, a statement as to whether the section of the filing. plan was in at-risk status for that plan year; – In the case of a plan that is in at-risk status, Actuarial Information the target normal cost calculated pursuant to ERISA section 303 as if the plan has Please include the following for each plan been in at-risk status for 5 consecutive maintained by any member of the plan’s controlled years; group: – • Copy of the most recent Actuarial Valuation The value of the plan’s assets (reflecting any averaging method) as of the valuation date Report that includes or is supplemented with all and the fair market value of the plan’s of the items described below. If the amount of the assets as of the valuation date; most recent missed contribution is based on a calculation that is not reflected in the most recent – The funding standard carryover balance and Actuarial Valuation Report, also provide all of the prefunding balance (maintained the information described below that supports the pursuant to ERISA section 303(f)(1) and calculation: Code section 430(f)(1)) as of the beginning of the plan year and a summary of – The funding target calculated pursuant to any changes in such balances in the past ERISA section 303 without regard to year (e.g., amounts used to off- set subsection 303(i)(1), setting forth separately minimum funding requirement, amounts the value of the liabilities attributable to reduced in accordance with any elections un- retirees and beneficiaries receiving payment, der ERISA section 303(f)(5) or Code section terminated vested participants, and active 430(f)(5), interest credited to such balances, participants (showing vested and non-vested and excess contributions used to increase benefits separately; such balances); – A summary of the actuarial assumptions and – A list of amortization bases (shortfall and methods used for purposes of ERISA section waiver) under ERISA section 303 and 303 and any changes in those assumptions Code section 430, including the year and methods since the previous valuation and the base was established, the original justifications for any change; in the case of a amount, the installment amount, and plan that provides lump sums, other than de the remaining balance at the beginning of minimis lump sums, the summary must the plan year; include the assumptions on which participants are assumed to elect a lump sum – An age/service scatter for active and how lump sums are valued; participants including average compensation information for pay- – The effective interest rate (as defined in ER- related plans and average account ISA section 303(h)(2)(A) and Code section 8 |
Form 200 Instructions balance information for hybrid plans Certification must be made by an officer (or an presented in a format similar to that individual of comparable authority in an described in the instructions to Schedule SB of unincorporated organization) of the contributing the Form 5500; sponsor or ultimate parent that is filing the Form 200. – Expected disbursements (benefit payments and expenses) during the plan year; and – A summary of the principal eligibility and benefit provisions on which the valuation of the plan was based (and any changes to those provisions since the previous valuation), along with descriptions of any benefits not included in the valuation, any significant events that occurred during the plan year, and the plan’s early retirement factors; in the case of a plan that provides lump sums, other than de minimis lump sums, the summary must include information on how annuity benefits are converted to lump sum amounts (for example, whether early retirement subsidies are reflected). • Statement of any material change in liabilities of the plan occurring after the date of the most recent Actuarial Valuation Report. • Most recent month-end market value of plan assets. • Contact name, telephone number, and employer of the plan actuary if different from that listed on the most recently filed Schedule SB to Form 5500. • Copies of election letters relating to the application of carryover or prefunding balances to the contributions. Certifications Plan funding information and related explanation certification must be made by an enrolled actuary Contributing Sponsor or Parent 9 |
Form 200 Instructions APPENDIX Example on How to Describe the Aggregate Unpaid Balance of Required Funding Payments Assume the plan sponsor of a calendar-year plan: • missed a required 2017 quarterly installment of $600,000 on January 15, 2018 • made a contribution of $200,000 on March 1, 2018 • missed a 2018 required quarterly installment of $500,000 on April 15, 2018 • missed a 2018 required quarterly installment of $500,000 on July 15, 2018 • missed the final 2017 required contribution of $150,000 on September 15, 2018 In addition, assume the effective interest rate for plan year 2017 was 8% and for plan year 2018 was 6%. Adding 5% (see ERISA §303(j)(3)(A)) to the effective interest rates for the periods of underpayment, the applicable interest rates for the missed quarterlies for the 2017 and 2018 plan years are 13% and 11%, respectively. Aggregate Unpaid Balance of Required Contributions as of 7/15/2018 Contribution Applicable Plan Applicable Interest Days until Interest Date Amount Total Type Year Rate 07/15/2018 Adjustment 01/15/2018/Quarterly Missed 2017 13% $600,000 181 $37,488 $637,488 03/01/2018/Quarterly Paid 2017 13% -$200,000 136 -$9,318 -$209,318 04/15/2018/Quarterly Missed 2018 11% $500,000 91 $13,180 $513,180 07/15/2018/Quarterly Missed 2018 11% $500,000 0 $0 $500,000 Total $1,400,000 $41,350 $1,441,350 Because the aggregate unpaid balance of required payments as of July 15, 2018 ($1,441,350) exceeds $1,000,000, a Form 200 filing is due on July 25, 2018 (10 days after the missed contribution, with weekend extension). The table shown above is an example of the data to be submitted with the Form 200 filing. Aggregate Unpaid Balance of Required Contributions as of 9/15/2018 Contribution Applicable Plan Applicable Interest Days until Interest Date Amount Total Type Year Rate 07/15/2018 Adjustment 01/15/2018/Quarterly Missed 2017 13% $600,000 243 $50,861 $650,861 03/01/2018/Quarterly Paid 2017 13% -$200,000 198 -$13,709 -$213,709 04/15/2018/Quarterly Missed 2018 11% $500,000 153 $22,358 $522,358 07/15/2018/Quarterly Missed 2018 11% $500,000 62 $8,942 $508,942 09/15/2018/Final Missed 2017 8% $150,000 0 $0 $150,000 Total $1,550,000 $68,452 $1,618,452 Because the aggregate unpaid balance of required payments as of September 15, 2018 ($1,618,452) exceeds $1,000,000, an updated Form 200 filing is due on September 25, 2018 (10 days after the missed contribution, with weekend extension). The table shown above is an example of the data to be submitted with the Form 200 filing. A-1 |
Form 200 Instructions PAPERWORK REDUCTION ACT NOTICE PBGC needs this information, which is required to be filed under section 303(k)(4) of ERISA and section 430(k)(4) of the Internal Revenue Code (the Code) and 29 CFR Part 4043, Subparts A and D, to make decisions regarding enforcement of a lien imposed by section 303(k)(1) of ERISA and section 430(k)(1) of the Code. Information provided to PBGC is confidential to the extent provided in the Freedom of Information Act and the Privacy Act. PBGC estimates that it will take an average of 1 hour and $725 to comply with the requirements described in these instructions. These figures are estimated averages that will vary depending on the nature and organizational structure of persons liable for plan contributions (in particular, whether the plan’s contributing sponsor is a member of a controlled group and, if so, the size of that group) and on the funding history of the plan. If you have any comments concerning the accuracy of these time estimates or suggestions for improving the form or these instructions, please send your comments to the Pension Benefit Guaranty Corporation, Regula- tory Affairs Group, Office of the General Counsel, 445 12th Street SW, Washington, DC 20024-2101. This collection of information has been approved by the Office of Management and Budget (OMB) under control number 1212-0041. 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. |