---
kind: "section"
citation: "29 C.F.R. § 4043.2"
title: "29"
number: "4043.2"
heading: "Definitions."
url: "https://uscodex.org/cfr/29/4043.2"
---

# §4043.2. Definitions.


The following terms are defined in [§ 4001.2](/cfr/29/4001.2.md) of this chapter: benefit liabilities, Code, contributing sponsor, controlled group, ERISA, fair market value, irrevocable commitment, multiemployer plan, PBGC, person, plan, plan administrator, plan year, single-employer plan, ultimate parent, and U.S. entity.

In addition, for purposes of this part:

De minimis 10-percent segment means, in connection with a plan's controlled group, one or more entities that in the aggregate have for a fiscal year—

- (1) Revenue not exceeding 10 percent of the controlled group's revenue;
- (2) **Annual operating income not exceeding the greater of—**
  - (i) 10 percent of the controlled group's annual operating income; or
  - (ii) $5 million; and
- (3) **Net tangible assets at the end of the fiscal year(s) not exceeding the greater of—**
  - (i) 10 percent of the controlled group's net tangible assets at the end of the fiscal year(s); or
  - (ii) $5 million.

    De minimis 5-percent segment has the same meaning as de minimis 10-percent segment, except that “5 percent” is substituted for “10 percent” each time it appears.

    Event year means the plan year in which a reportable event occurs.

    Foreign entity means a member of a controlled group that—

- (1) Is not a contributing sponsor of a plan;
- (2) Is not organized under the laws of (or, if an individual, is not a domiciliary of) any state (as defined in [section 3(10)](/cfr/29/3.md?p=10) of ERISA); and
- (3) For the fiscal year that includes the date the reportable event occurs, meets one of the following tests—
  - (i) Is not required to file any United States federal income tax form;
  - (ii) Has no income reportable on any United States federal income tax form other than passive income not exceeding $1,000; or
  - (iii) Does not own substantial assets in the United States (disregarding stock of a member of the plan's controlled group) and is not required to file any quarterly United States tax returns for employee withholding.

    Foreign parent means a foreign entity that is a direct or indirect parent of a person that is a contributing sponsor of a plan.

    Low-default-risk has the meaning described in [§ 4043.9](/cfr/29/4043.9.md).

    Notice due date means the deadline (including extensions) for filing notice of a reportable event with PBGC.

    Participant means a participant as defined in [§ 4006.2](/cfr/29/4006.2.md) of this chapter.

    Public company means a person subject to the reporting requirements of section 13 or 15(d) of the Securities Exchange Act of 1934 or a subsidiary (as defined for purposes of the Securities Exchange Act of 1934) of a person subject to such reporting requirements.

    Substantial owner means a substantial owner as defined in [section 4021(d)](/cfr/29/4021.md?p=d) of ERISA.

    Well-funded plan safe harbor has the meaning described in [§ 4043.10](/cfr/29/4043.10.md).


## Notes

### Amendments

[80 FR 55002, Sept. 11, 2015, as amended at 83 FR 49806, Oct. 3, 2018; 85 FR 6061, Feb. 4, 2020]

### Authority

Authority: 29 U.S.C. 1083(k), 1302(b)(3), 1343.

### Source

Source: 80 FR 55002, Sept. 11, 2015, unless otherwise noted.

### Amendments

[80 FR 55002, Sept. 11, 2015, as amended at 83 FR 49806, Oct. 3, 2018; 85 FR 6061, Feb. 4, 2020]