---
kind: "section"
citation: "29 C.F.R. § 4233.2"
title: "29"
number: "4233.2"
heading: "Definitions."
url: "https://uscodex.org/cfr/29/4233.2"
---

# §4233.2. Definitions.


The following terms are defined in [§ 4001.2](/cfr/29/4001.2.md) of this chapter: ERISA, IRS, multiemployer plan, PBGC, plan, and plan sponsor. In addition, the following terms are defined for purposes of this part:

Advocate means the Participant and Plan Sponsor Advocate under [section 4004](/cfr/29/4004.md) of ERISA.

Application for partition means a plan sponsor's application for partition under [section 4233](/cfr/29/4233.md) of ERISA and this part.

Application for a suspension of benefits means a plan sponsor's application for a suspension of benefits to the Secretary of the Treasury (Treasury) under [section 305(e)(9)(G)](/cfr/29/305.md?p=e-9-G) of ERISA.

Completed application means an application for partition for which PBGC has made a determination under [§ 4233.10](/cfr/29/4233.10.md) that the application contains all required information and satisfies the requirements described in [§§ 4233.4 through 4233.9](/cfr/29/4233.4..4233.9.md).

Effective date of partition means the date upon which a partition is effective and which is set forth in a partition order.

Financial assistance means financial assistance from PBGC under [section 4261](/cfr/29/4261.md) of ERISA.

Insolvent has the same meaning as insolvent under [section 4245(b)](/cfr/29/4245.md?p=b) of ERISA.

Interested party means, with respect to a plan—

- (1) Each participant in the plan;
- (2) Each beneficiary of a deceased participant;
- (3) Each alternate payee under an applicable qualified domestic relations order, as defined in [section 206(d)(3)](/cfr/29/206.md?p=d-3) of ERISA;
- (4) Each employer that has an obligation to contribute under the plan; and
- (5) Each employee organization that currently has a collective bargaining agreement pursuant to which the plan is maintained.

  Original plan means an eligible multiemployer plan under 4233(b) of ERISA that is partitioned upon the issuance of a partition order under [section 4233(c)](/cfr/29/4233.md?p=c) of ERISA.

  Partition order means a formal PBGC order of partition under [section 4233](/cfr/29/4233.md) of ERISA and [§ 4233.14](/cfr/29/4233.14.md).

  Proposed partition means a proposed partition as structured and described by the plan sponsor in an application for partition.

  Remain solvent has the same meaning as “avoid insolvency” in [section 305(e)(9)(D)(iv)](/cfr/29/305.md?p=e-9-D-iv) of ERISA and the regulations thereunder, with respect to the determinations made by PBGC under sections [4233(b)(3)](/cfr/29/4233.md?p=b-3) and [4233(c)](/cfr/29/4233.md?p=c) of ERISA.

  Residual benefit means, with respect to a participant or beneficiary whose benefit was partially transferred to a successor plan pursuant to a partition order, the portion of the benefit payable under the original plan, the amount of which is equal to the difference between the benefit defined in [section 4233(e)(1)(A)](/cfr/29/4233.md?p=e-1-A) of ERISA, and the successor plan benefit. The residual benefit as of the effective date of the partition is not subject to a separate guarantee under [section 4022A](/cfr/29/4022A.md) of ERISA.

  Successor plan means the plan created by a partition order under [section 4233(c)](/cfr/29/4233.md?p=c) of ERISA.

  Successor plan benefit means, with respect to a participant or beneficiary whose benefit was wholly or partially transferred from an original plan to a successor plan, the portion of the accrued nonforfeitable monthly benefit which would be guaranteed under [section 4022A](/cfr/29/4022A.md) as of the effective date of the partition, calculated under the terms of the original plan without reflecting any changes relating to a benefit suspension under [section 305(e)(9)](/cfr/29/305.md?p=e-9) of ERISA. The payment of a successor plan benefit is subject to the limitations and conditions contained in [sections 4022A(a)-(f)](/cfr/29/4022A.md?p=a..f) of ERISA.


## Notes

### Authority

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

### Source

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