---
kind: "section"
citation: "29 C.F.R. § 4233.13"
title: "29"
number: "4233.13"
heading: "Coordinated application process for partition and benefit suspension."
url: "https://uscodex.org/cfr/29/4233.13"
---

# §4233.13. Coordinated application process for partition and benefit suspension.

- (a) **Interagency coordination.** For a plan sponsor that has requested a conditional approval of a partition pursuant to [§ 4233.12(c)](/cfr/29/4233.12.md?p=c), PBGC may render either a conditional approval or a final denial of the application on an expedited basis, provided that the plan sponsor has submitted a completed application to PBGC as prescribed by [§ 4233.10](/cfr/29/4233.10.md). PBGC will consult with Treasury and the Department of Labor in the course of reviewing an application for partition.
  - (1) If PBGC denies the application for partition, it will notify the plan sponsor in writing of PBGC's decision in accordance with [§ 4233.12(b)](/cfr/29/4233.12.md?p=b), and will notify Treasury to allow it to take appropriate action on the benefit suspension application.
  - (2) If PBGC grants a conditional approval of partition, it will notify the plan sponsor in writing of PBGC's decision in accordance with [§ 4233.12(c)](/cfr/29/4233.12.md?p=c), and will provide Treasury with a copy of PBGC's decision along with PBGC's record of the decision.
  - (3) If Treasury does not issue the final authorization to suspend, PBGC's conditional approval under [§ 4233.12(c)](/cfr/29/4233.12.md?p=c) will be null and void.
  - (4) If Treasury issues a final authorization to suspend, PBGC will issue a final partition order under [§ 4233.14](/cfr/29/4233.14.md) and [section 4233(c)](/cfr/29/4233.md?p=c) of ERISA. The effective date of a final partition order must satisfy the requirements of [section 305(e)(9)(D)(v)](/cfr/29/305.md?p=e-9-D-v) of ERISA.
- (b) **Combined notice.** A plan sponsor submitting an application for benefit suspensions under [section 305(e)(9)](/cfr/29/305.md?p=e-9) of ERISA with Treasury, and a partition under [section 4233](/cfr/29/4233.md) of ERISA with PBGC, may combine the PBGC model notice for coordinated applications provided at Appendix A with the Treasury model notice in Appendix A of Rev. Proc. 2015-34 in satisfaction of the notice requirement of this part.

## Notes

### Amendments

[80 FR 35229, June 19, 2015, as amended at 80 FR 79695, Dec. 23, 2015]

### Authority

Authority: 29 U.S.C. 1302(b)(3), 1413.

### Source

Source: 80 FR 35229, June 19, 2015, unless otherwise noted.

### Amendments

[80 FR 35229, June 19, 2015, as amended at 80 FR 79695, Dec. 23, 2015]