29 CFR § 4231.17 - PBGC action on a request for facilitated merger.

---
identifier: "/us/cfr/t29/s4231.17"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "29 CFR § 4231.17 - PBGC action on a request for facilitated merger."
title_number: 29
title_name: "Labor"
section_number: "4231.17"
section_name: "PBGC action on a request for facilitated merger."
chapter_name: "PENSION BENEFIT GUARANTY CORPORATION"
subchapter_number: "J"
subchapter_name: "INSOLVENCY, TERMINATION, AND OTHER RULES APPLICABLE TO MULTIEMPLOYER PLANS"
part_number: "4231"
part_name: "MERGERS AND TRANSFERS BETWEEN MULTIEMPLOYER PLANS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "29 U.S.C. 1302(b)(3)"
regulatory_source: "83 FR 46653, Sept. 14, 2018, unless otherwise noted."
cfr_part: "4231"
---


# 4231.17 PBGC action on a request for facilitated merger.

(a) *General.* PBGC may approve or deny a request for a facilitated merger, including a request for a financial assistance merger, at its discretion if the requirements of section 4231 of ERISA are satisfied. PBGC will notify the plan sponsor(s) in writing of its decision on a request. If PBGC denies the request, PBGC's written decision will state the reason(s) for the denial. If PBGC approves a request for a financial assistance merger, PBGC will provide a financial assistance agreement detailing the total amount and terms of the financial assistance as soon as practicable after notifying the plan sponsor(s) in writing of its approval.

(b) *Final agency action.* PBGC's decision to approve or deny a request for a facilitated merger, including a request for a financial assistance merger, is a final agency action for purposes of judicial review under the Administrative Procedure Act (5 U.S.C. 701 *et seq.*).