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PBGC Announces COVID-19 Extensions for Premium Payments and Other Filing Deadlines

On April 10, 2020, the Pension Benefit Guaranty Corporation (the “PBGC”) announced that deadlines for upcoming premium payments and certain other required filings due from April 1, 2020 through July 14, 2020 will be extended to July 15, 2020 as further described below.

The PBGC’s announcement came a day after the Internal Revenue Service (the “IRS”) issued Notice 2020-23, which extended certain deadlines, including for Form 5500 returns, to July 15, 2020 as a result of COVID-19. Under the PBGC’s disaster relief policy, when the IRS announces disaster relief that includes a filing extension for Form 5500 returns, the PBGC will generally grant relief that extends certain deadlines for the same geographic area and relief period. Importantly, the IRS Notice applies nationwide and without regard to whether the applicable person is directly impacted by COVID-19, so the PBGC’s relief is effectively available to all plan sponsors, administrators, and service providers.

Automatic Extensions

The PBGC’s relief automatically applies to the due date for any PBGC filing, payment, or other action (including PBGC premium filings and premium payments) other than the following filings and actions on the PBGC’s “Exceptions List”:

  • Notices of missed contributions over $1,000,000 (reported on Form 200);

  • Advance reportable event notices (reported on Form 10-Advance);

  • Post-event reportable event notices (reported on Form 10) for: (i) a failure to make required contributions under $1,000,000; (ii) an inability to pay benefits when due; (iii) a liquidation; (iv) a loan default; or (v) an insolvency or similar settlement; and

  • Actions related to distress terminations for which the PBGC has issued a distribution notice.

Note, however, that the Coronavirus Aid, Relief, and Economic Security Act extended the deadline for all required minimum contributions to tax-qualified defined benefit plans that would have otherwise been due in the 2020 calendar year to January 1, 2021. As a result, notices to the PBGC for missed required contributions in 2020 should not be required.

In order to take advantage of the relief for premium filings, the filer must notify the PBGC as part of its Comprehensive Premium Filing, but filers are also encouraged to notify the PBGC by email to [email protected] referencing:

  • IRS Notice 2020-23;
  • Identifying information for the plan (i.e., plan name, EIN, and plan number); and
  • The name and address of the affected filer.

For all other filings, the filer must notify the PBGC as soon as reasonably possible (and no later than the end of the relief period) by email to the address included in the instructions for the filing in question, and with the same information listed above.

Case-by-Case Extensions

For filings on the PBGC’s “Exceptions List,” the PBGC may grant relief on a case-by-case basis. Interested filers should follow the instructions for requesting a waiver or extension in the regulations or instructions for completing the filing in question or, if no such guidance is available, by contacting the PBGC as soon as reasonably possible by phone or email.

Key Considerations

The PBGC’s disaster relief policy provides some welcome relief for plan sponsors, administrators, and service providers during a time when many resources are stretched thin. The PBGC premium filing and payment extensions in particular may help some plan sponsors that are facing short-term liquidity issues in light of the current business environment. Plan sponsors planning to take advantage of the relief under this policy should provide timely notice to the PBGC and should be sure that the stakeholders and resources necessary to make the delayed filings are available prior to the July 15th deadline.

© 2022 Proskauer Rose LLP. National Law Review, Volume X, Number 104

About this Author

Justin Alex, Employment Attorney, Proskauer Rose Law Firm

Justin Alex is an Associate in the Washington, DC office and a member of the Employee Benefits, Executive Compensation & ERISA Litigation Practice Center.

Annie Zhang Labor Employment Attorney

Annie Zhang is an associate in the Labor & Employment Law Department and a member of the Employee Benefits & Executive Compensation Group.

Annie graduated cum laude from Washington University School of Law where she was executive articles editor for the Washington University Journal of Law and Policy and president of the Asian Pacific American Law School Association. Annie was also a Scholar in Law and earned CALI Awards in Employee Benefits: ERISA & Tax, Practical Legal Writing and Analysis, and Legal Practice. During law school, Annie was a legal intern at the...