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) > 4022.6—Annuity payable for total disability.

4022.6—Annuity payable for total disability.

(a) Except as provided in paragraph (b) of this section, an annuity which is payable (or would be payable after a waiting period described in the plan, whether or not the participant is in receipt of other benefits during such waiting period), under the terms of a plan on account of the total and permanent disability of a participant which is expected to last for the life of the participant and which began on or before the termination date is considered to be a pension benefit.
(b) In any case in which the PBGC determines that the standards for determining such total and permanent disability under a plan were unreasonable, or were modified in anticipation of termination of the plan, the disability benefits payable to a participant under such standard shall not be guaranteed unless the participant meets the standards of the Social Security Act and the regulations promulgated thereunder for determining total disability.
(c) For the purpose of this section, a participant may be required, upon the request of the PBGC, to submit to an examination or to submit proof of continued total and permanent disability. If the PBGC finds that a participant is no longer so disabled, it may suspend, modify, or discontinue the payment of the disability benefit.

Code of Federal Regulations

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

Code of Federal Regulations

§ 4022.6 Nt.

Code of Federal Regulations

Effective Date Note: At 76 FR 34602, June 14, 2011, § 4022.6 was amended by removing “provided in paragraph (b) of” and adding in its place “otherwise provided in” in paragraph (a), and by adding a new paragraph (d), effective July 14, 2011. For the convenience of the user, the added text is set forth as follows: § 4022.6 Annuity payable for total disability. (d) PPA 2006 bankruptcy termination. In a PPA 2006 bankruptcy termination, “bankruptcy filing date” is substituted for “termination date” in paragraph (a) of this section.
Upon receipt of all reports and documents submitted for filing under the provisions of this part, the Office of Labor-Management Standards shall assign to the initial information report filed by each labor organization, an identifying number. This number thereafter shall be entered by the reporting labor organization on all subsequent or terminal reports and all other documents which it thereafter submits for filing under this part, as well as on all communications directed to the Office concerning such reports and documents.