29 CFR § 4245.3 - Notice of insolvency.

---
identifier: "/us/cfr/t29/s4245.3"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "29 CFR § 4245.3 - Notice of insolvency."
title_number: 29
title_name: "Labor"
section_number: "4245.3"
section_name: "Notice of insolvency."
chapter_name: "PENSION BENEFIT GUARANTY CORPORATION"
subchapter_number: "J"
subchapter_name: "INSOLVENCY, TERMINATION, AND OTHER RULES APPLICABLE TO MULTIEMPLOYER PLANS"
part_number: "4245"
part_name: "DUTIES OF PLAN SPONSOR OF AN INSOLVENT PLAN"
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), 1341a, 1431, 1426(e)."
regulatory_source: "61 FR 34115, July 1, 1996, unless otherwise noted."
cfr_part: "4245"
---


# 4245.3 Notice of insolvency.

(a) *Requirement of notice.* The plan sponsor of a plan that determines that the plan is insolvent in the current plan year or is expected to be insolvent in the next plan year must file with PBGC a notice of insolvency containing the information described in § 4245.4(a) and must issue to interested parties a notice of insolvency containing the information described in § 4245.4(b). Once notices of insolvency with respect to a plan have been provided as required, no notices of insolvency need be provided with respect to the plan for any subsequent plan year. A notice of insolvency may be combined with a notice of insolvency benefit level under § 4245.5 for the same plan year.

(b) *When to provide notice.* The plan sponsor must provide the notices of insolvency under paragraph (a) of this section at the time described in § 4281.43(b) of this chapter.

[84 FR 18724, May 2, 2019]