Pension Benefit Guaranty Corporation (PBGC): ERISA Section 4010 Filing Reminders

ERISA Section 4010 Filing Reminders

You are receiving this email because you were listed as a “Filing Coordinator” or “Enrolled Actuary” for an ERISA section 4010 filing submitted in the past year. With the deadline for the 2018 information year 4010 filings approaching next month, we thought it would be helpful to share some reminders about some key filing requirements.

List the Ultimate Parent as the Controlled Group Name

The Controlled Group name listed at the top of your filing should be the ultimate parent of the controlled group. The ultimate parent may be a foreign or domestic entity. The actual legal name should be listed in the filing and not a shortened version of the name. For example, please list “Company A, Inc.” not just “Company A.” (Schedule G – General Information)

Include ALL Controlled Group Members

Filers are required to list all non-exempt members of the filer’s controlled group including all foreign and domestic controlled group members. For each member, a filer must include the name of the entity, relationship (such as parent, subsidiary, brother-sister, etc.), address, phone number, and EIN. PBGC’s on-line instructions address how to enter the EIN for a foreign company. (Schedule I – Identifying Information)

Submit Financial Information for ALL Controlled Group Members

Filers are required to submit audited financial statements for all non-exempt controlled group members. You can submit consolidated financial statements that cover both foreign and domestic controlled group members or separate financial statements for parts of the controlled group. Information on foreign entities should be included unless the entities are exempt. (Schedule F – Financial Information)

Provide Available Financial Information

If you intend to submit audited financial statements but they are not yet available at the time of the filing due date, unaudited financial statements may be submitted.  However, the audited financial statements must be provided to PBGC within 15 days after they are prepared. You do not need to request a filing extension if you can provide unaudited financial statements by the due date of the filing. If both audited and unaudited financials are not available, you may submit tax returns. (Schedule F – Financial Information)

Submit Abbreviated Filing if Filing Criteria No Longer Met

If a filing is not due for the Information Year immediately following an Information Year when a filing was required, an “abbreviated” filing that consists of the Schedule G and Schedule FG must be submitted.  See PBGC Regulation 4010.6(a)(2) and the instructions on PBGC Website, www.pbgc.gov for further details. 

Contact Us if You Forgot Your e-filing Password

ERISA 4010 filings must be submitted electronically via the PBGC e-Filing Portal. The e-filing Portal is a separate application from PBGC’s premium filing system, My PAA. Your user ID for the e-Filing Portal will be different from the one used for My PAA.  You can access our how to guide for more information about the e-filing portal. 

If you cannot remember your PBGC e-Filing Portal user ID or password, contact PBGC for assistance either by sending an email to ERISA.4010@pbgc.gov or call 202-326-4000 ext. 3075.

Avoid Late Filing Penalties

Incomplete filings are not considered filed until all required information is submitted. To avoid any potential late filing penalties, please ensure your filing is complete. 

Please see the 4010 Section of our website for more information about filing requirements.