Pension Termination

The Pension Benefit Guaranty Corporation ("PBGC") is a federal corporation that was created by the enactment of the Employee Retirement Income Security Act of 1974 to protect against pension termination and provide relief for employees who have their pension terminated. Pension termination is the process by which an employer ends a pension plan. There are two ways that pension termination occurs, either through a standard termination or a distress termination. In a standard termination, the employer must show that the PBGC has enough money to satisfy the all of the benefits owed to the pension participants. The terminated plan must have an annuity set up from an insurance company or, if allowable under the pension plan, issue a lump-sum to all covered individuals. In the case of a distress pension termination, the employer in financial distress must be able to show that the company is in bankruptcy. In the event of employer insolvency, the PBGC will step in as the pension plan trustee to pay benefits using plan assets and PBGC guarantee funds if necessary. PBCG will insure or guarantees that certain pensions and retirement benefits will be paid to employees in the event that an employer files for bankruptcy, becomes insolvent or is otherwise unable to provide the promised pension benefits.

Fast Facts

  • The PBGC currently protects the pensions of approximately 44 million American workers and retirees by protecting benefits during pension termination.
  • The PBGC currently covers the defined benefit pension plans of over 29,000 American employers and requires that employers notify employees/retirees at least 60 days before a pension termination is set to occur.

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  • Taking Legal Action for Wrongful Termination

    A wrongful termination can arise pursuant to an employer violation of a number of State and federal statutes s...
    • Site: wrongfulterminationlaws.com
    • 2 of 2 user(s) found this useful
  • When Is Termination Wrongful?

    Wrongful termination is defined as the unlawful firing of a company’s employee(s) for various reasons......
    • Site: employmentlawfirms.com
    • 3 of 4 user(s) found this useful
  • Employment Termination Resources

    Sooner or later, most employees will experience a lay-off, or other form of employment termination. Especially...
    • Site: employmentlawfirms.com
    • 1 of 1 user(s) found this useful
  • Your Legal Rights Leaving or Being Terminated from a Job

    Losing or leaving a job is something millions of Americans have already faced this year, but if you are readin...
    • Site: lawfirms.com
    • 10 of 12 user(s) found this useful
  • Private Pension Plans

    n theory, private pension plans seem like a good idea, however, in practice, most workers rarely stay at a giv...
    • Site: lawfirms.com

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