CFR

4044.3—General rule.

(a) Asset allocation. Upon the termination of a single-employer plan, the plan administrator shall allocate the plan assets available to pay for benefits under the plan in the manner prescribed by this subpart. Plan assets available to pay for benefits include all plan assets (valued according to § 4044.41(b)) remaining after the subtraction of all liabilities, other than liabilities for future benefit payments, paid or payable from plan assets under the provisions of the plan. Liabilities include expenses, fees and other administrative costs, and benefit payments due before the allocation date. Except as provided in § 4044.4(b), an irrevocable commitment by an insurer to pay a benefit, which commitment is in effect on the date of the asset allocation, is not considered a plan asset, and a benefit payable under such a commitment is excluded from the allocation process.

(b) Allocation date. For plans that close out pursuant to a Notice of Sufficiency under the provisions of subpart C of part 2617 of this chapter, assets shall be allocated as of the date plan assets are to be distributed. For other plans, assets shall be allocated as of the termination date. (See Note at beginning of part 4044.)

Code of Federal Regulations

Effective Date Note: At 76 FR 34605, June 14, 2011, § 4044.3(b) was amended by removing “pursuant to a Notice of Sufficiency under the provisions of subpart C of part 2617 of this chapter” and adding in its place “under § 4041.28 or § 4041.50” and by removing “(See Note at beginning of part 4044.)”. These amendments became effective July 14, 2011.

On and after the effective date of this section, every labor organization officer and employee required to file an annual report under § 404.2 shall file such report on United States Department of Labor Form LM-30 entitled “Labor Organization Officer and Employee Report,” together with a true copy thereof, in the detail required by the instructions accompanying such form and constituting a part thereof.

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