29 CFR § 4233.3 - Application filing requirements.

---
identifier: "/us/cfr/t29/s4233.3"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "29 CFR § 4233.3 - Application filing requirements."
title_number: 29
title_name: "Labor"
section_number: "4233.3"
section_name: "Application filing requirements."
chapter_name: "PENSION BENEFIT GUARANTY CORPORATION"
subchapter_number: "J"
subchapter_name: "INSOLVENCY, TERMINATION, AND OTHER RULES APPLICABLE TO MULTIEMPLOYER PLANS"
part_number: "4233"
part_name: "PARTITIONS OF ELIGIBLE MULTIEMPLOYER PLANS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "29 U.S.C. 1302(b)(3), 1413."
regulatory_source: "80 FR 35229, June 19, 2015, unless otherwise noted."
cfr_part: "4233"
---


# 4233.3 Application filing requirements.

(a) *Method of filing.* PBGC applies the rules in part 4000, subpart A of this chapter to determine permissible methods of filing with PBGC under this part, and the rules in part 4000, subpart D of this chapter to determine the computation of time.

(b) *Who may file.* An application for partition under section 4233 of ERISA must be submitted by the plan sponsor. The application must be signed and dated by an authorized trustee who is a current member of the board of trustees, and must include the following statement under penalties of perjury: “Under penalty of perjury under the laws of the United States of America, I declare that I have examined this application, including accompanying documents, and, to the best of my knowledge and belief, the application contains all the relevant facts relating to the application; all statements of fact contained in the application are true, correct, and not misleading because of omission of any material fact; and all accompanying documents are what they purport to be.” A stamped signature or faxed signature is not permitted.

(c) *Where to file. See* § 4000.4 of this chapter for information on where to file.

[80 FR 35229, June 19, 2015, as amended at 90 FR 39329, Aug. 15, 2025]