---
kind: "section"
citation: "29 C.F.R. § 4041.48"
title: "29"
number: "4041.48"
heading: "Sufficient plans; notice requirements."
url: "https://uscodex.org/cfr/29/4041.48"
---

# §4041.48. Sufficient plans; notice requirements.

- (a) **Notices of benefit distribution.** When a distribution notice is issued by the PBGC pursuant to [§ 4041.47](/cfr/29/4041.47.md), the plan administrator must issue notices of benefit distribution in accordance with the rules regarding notices of plan benefits in [§ 4041.24](/cfr/29/4041.24.md), except that—
  - (1) The deadline for issuing the notices of benefit distribution is the 60th day after receipt of the distribution notice; and
  - (2) With respect to the information described in [§ 4041.24 (b) through (e)](/cfr/29/4041.24.md?p=b..e), the term “plan benefits” is replaced with “title IV benefits” and the term “proposed termination date” is replaced with “termination date”.
- (b) **Certification to PBGC.** No later than 15 days after the date on which the plan administrator completes the issuance of the notices of benefit distribution, the plan administrator must file with the PBGC a certification that the notices were so issued in accordance with the requirements of this section.
- (c) **Notice of annuity information—**
  - (1) **In general.** Unless all title IV benefits will be distributed in the form of nonconsensual lump sums, the plan administrator must provide a notice of annuity information to each affected party other than—
    - (i) An affected party whose title IV benefits will be distributed in the form of a nonconsensual lump sum; and
    - (ii) **The PBGC.**
  - (2) **Spin-off/termination transactions.** The plan administrator must provide the information in [paragraph (c)(4)](#c-4) of this section to a person entitled to notice under [§ 4041.43(c)](/cfr/29/4041.43.md?p=c), at the same time and in the same manner as required for an affected party described in [paragraph (c)(1)](#c-1) of this section.
  - (3) **Selection of different insurer.** A plan administrator that decides to select a different insurer after having previously notified the affected party of the identity of insurer(s) under this paragraph must provide another notice of annuity information.
  - (4) **Content of notice.** The notice must include—
    - (i) The identity-of-insurer information in [§ 4041.27(b)(1)](/cfr/29/4041.27.md?p=b-1);
    - (ii) The information regarding change in identity of insurer(s) in [§ 4041.27(b)(2)](/cfr/29/4041.27.md?p=b-2); and
    - (iii) Unless the state guaranty coverage information in [§ 4041.27(b)(3)](/cfr/29/4041.27.md?p=b-3) was previously provided to the affected party, such information and the extinguishment-of-guaranty information in [§ 4041.23(b)(9)](/cfr/29/4041.23.md?p=b-9) (replacing the term “plan benefits” with “title IV benefits”).
  - (5) **Deadline for notice.** The plan administrator must issue the notice of annuity information to each affected party by the deadline in [§ 4041.27(d)(1)](/cfr/29/4041.27.md?p=d-1).
- (d) **Request for IRS determination letter.** To qualify for the distribution deadline in [§ 4041.28(a)(1)(ii)](/cfr/29/4041.28.md?p=a-1-ii) (as modified and made applicable by [§ 4041.50(c)](/cfr/29/4041.50.md?p=c)), the plan administrator must submit to the IRS a valid request for a determination of the plan's qualification status upon termination (“determination letter”) by the day on which the plan administrator completes the issuance of the notices of benefit distribution.

## Notes

### Authority

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

### Source

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