---
kind: "section"
citation: "29 C.F.R. § 4041.3"
title: "29"
number: "4041.3"
heading: "Computation of time; filing and issuance rules."
url: "https://uscodex.org/cfr/29/4041.3"
---

# §4041.3. Computation of time; filing and issuance rules.

- (a) **Computation of time.** The PBGC applies the rules in [subpart D of part 4000](/cfr/29/part4000-subpartD.md) of this chapter to compute any time period under this part. A proposed termination date may be any day, including a weekend or Federal holiday.
- (b) **Filing with the PBGC—**
  - (1) **Method and date of filing.** The PBGC applies the rules in [subpart A of part 4000](/cfr/29/part4000-subpartA.md) of this chapter to determine permissible methods of filing with the PBGC under this part. The PBGC applies the rules in [subpart C of part 4000](/cfr/29/part4000-subpartC.md) of this chapter to determine the date that a submission under this part was filed with the PBGC.
  - (2) **Where to file.** See [§ 4000.4](/cfr/29/4000.4.md) of this chapter for information on where to file.
- (c) **Issuance to third parties.** The following rules apply to affected parties (other than the PBGC). For purposes of this [paragraph (c)](#c), a person entitled to notice under the spin-off/termination transaction rules of [§ 4041.23(c)](/cfr/29/4041.23.md?p=c) or [§ 4041.24(f)](/cfr/29/4041.24.md?p=f) is treated as an affected party.
  - (1) **Method and date of issuance.** The PBGC applies the rules in [subpart B of part 4000](/cfr/29/part4000-subpartB.md) of this chapter to determine permissible methods of issuance under this part. The PBGC applies the rules in [subpart C of part 4000](/cfr/29/part4000-subpartC.md) of this chapter to determine the date that an issuance under this part was provided.
  - (2) **Omission of affected parties.** The failure to issue any notice to an affected party (other than any employee organization) within the specified time period will not cause the notice to be untimely if—
    - (i) **After-discovered affected parties.** The plan administrator could not reasonably have been expected to know of the affected party, and issues the notice promptly after discovering the affected party; or
    - (ii) **Unlocated participants.** The plan administrator could not locate the affected party after making reasonable efforts, and issues the notice promptly in the event the affected party is located.
  - (3) **Deceased participants.** In the case of a deceased participant, the plan administrator need not issue a notice to the participant's estate if the estate is not entitled to a distribution.
  - (4) **Form of notices to affected parties.** All notices to affected parties must be readable and written in a manner calculated to be understood by the average plan participant. The plan administrator may provide additional information with a notice only if the information is not misleading.
  - (5) **Foreign languages.** The plan administrator of a plan that (as of the proposed termination date) covers the numbers or percentages in [§ 2520.104b-10(e)](/cfr/29/2520.104b-10.md?p=e) of this title of participants literate only in the same non-English language must, for any notice to affected parties—
    - (i) Include a prominent legend in that common non-English language advising them how to obtain assistance in understanding the notice; or
    - (ii) Provide the notice in that common non-English language to those affected parties literate only in that language.

## Notes

### Amendments

[62 FR 60428, Nov. 7, 1997, as amended at 68 FR 61353, Oct. 28, 2003]

### Authority

Authority: 29 U.S.C. 1302(b)(3), 1341, 1344, 1350.

### Source

Source: 62 FR 60428, Nov. 7, 1997, unless otherwise noted.

### Amendments

[62 FR 60428, Nov. 7, 1997, as amended at 68 FR 61353, Oct. 28, 2003]