CFR > Title 29 - Labor > SUBTITLE B—Regulations Relating to Labor > CHAPTER XL—PENSION BENEFIT GUARANTY CORPORATION (parts 4000 to 4907) > SUBCHAPTER D—COVERAGE AND BENEFITS (parts 4022 to 4022B) > PART 4022—BENEFITS PAYABLE IN TERMINATED SINGLE-EMPLOYER PLANS > SUBPART A—General Provisions; Guaranteed Benefits (§4022.1 to §4022.11) > 4022.4—Entitlement to a benefit.

4022.4—Entitlement to a benefit.

(a) A participant or his surviving beneficiary is entitled to a benefit if under the provisions of a plan:
(1) The benefit was in pay status on the date of the termination of the plan.
(2) A benefit payable at normal retirement age is an optional form of payment to the benefit otherwise payable at such age and the participant elected the benefit before the termination date of the plan.
(3) Except for a benefit described in paragraph (a)(2) of this section, before the termination date (or on or before the termination date, in the case of a requirement that a participant attain a particular age, earn a particular amount of service, become disabled, or die) the participant had satisfied the conditions of the plan necessary to establish the right to receive the benefit prior to such date (prior to or on such date, in the case of a requirement that a participant attain a particular age, earn a particular amount of service, become disabled, or die) other than application for the benefit, satisfaction of a waiting period described in the plan, or retirement; or
(4) Absent an election by the participant, the benefit would be payable upon retirement.
(5) In the case of a benefit that returns all or a portion of a participant's accumulated mandatory employee contributions upon death, the participant (or beneficiary) had satisfied the conditions of the plan necessary to establish the right to the benefit other than death or designation of a beneficiary.
(b) If none of the conditions set forth in paragraph (a) of this section is met, the PBGC will determine whether the participant is entitled to a benefit on the basis of the provisions of the plan and the circumstances of the case.

Code of Federal Regulations

[61 FR 34028, July 1, 1996, as amended at 67 FR 16954, Apr. 8, 2002]

Code of Federal Regulations

§ 4022.4 Nt.

Code of Federal Regulations

Effective Date Note: At 76 FR 34602, June 14, 2011, § 4022.4 was amended by removing “date of the termination” and adding in its place “termination date” in paragraph (a)(1); revising paragraph (a)(2) and adding paragraph (c), effective July 14, 2011. For the convenience of the user, the added and revised text is set forth as follows: § 4022.4 Entitlement to a benefit. (a) * * * (2) The benefit is payable in an optional life-annuity form of benefit that the participant or beneficiary elected on or before the termination date of the plan or, if later, the date on which PBGC became statutory trustee of the plan. (c) In a PPA 2006 bankruptcy termination, “bankruptcy filing date” is substituted for “termination date” each place that “termination date” appears in paragraphs (a)(1) and (3) of this section. In making this substitution for purposes of paragraph (a)(3) of this section, the rule in § 4022.3(b)(2) (dealing with the situation where the condition for entitlement was satisfied between the bankruptcy filing date and the termination date) shall apply.
(a) Except as noted elsewhere in this paragraph, every labor organization which revises the most recent constitution and bylaws it has filed with the Office of Labor-Management Standards shall file two dated copies of its revised constitution and bylaws at the time it files its annual financial report as provided in part 403 of this chapter. However, a labor organization which has as its constitution and bylaws a uniform constitution and bylaws prescribed by the reporting labor organization's parent national or international labor organization in accordance with § 402.3(b) is not required to file copies of a revised uniform constitution and bylaws if the parent national or international labor organization files as many copies of the revised constitution and bylaws with the Office of Labor-Management Standards as the Office may request.
(b) Every labor organization which changes the practices and procedures for which separate statements must be filed pursuant to sub section 201(a)(5) (A) through (M) of the Act shall file with the Office of Labor-Management Standards two copies of an amended Form LM-1, signed by its president and secretary or corresponding principal officers. The amended Form LM-1 shall be filed when the labor organization files its annual financial report as provided in part 403 of this chapter.

Code of Federal Regulations

[58 FR 67604, Dec. 21, 1993]