§ 4262.5. PBGC review of plan assumptions.
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/us/cfr/t29/s§ 4262.5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In general.
(1)As set forth in § 4262.3(d)(1), PBGC will accept the assumptions used by a plan to determine eligibility for special financial assistance under § 4262.3(d)(1) unless PBGC determines that such assumptions are clearly erroneous.
(2)PBGC will accept the assumptions used by a plan to determine eligibility for special financial assistance under § 4262.3(d)(2) or to determine the amount of special financial assistance under § 4262.4(e)(3) unless PBGC determines that an assumption is unreasonable.
(3)PBGC will accept a plan's changes in assumptions under paragraph
(c)of this section except to the extent that PBGC determines that an assumption is individually unreasonable, or the proposed changed assumptions are unreasonable in the aggregate.
(b)Reasonableness of assumptions.
(1)Each of the actuarial assumptions and methods used for the actuarial projections (excluding the interest rate assumptions under § 4262.4(e)(1) and (2)) must be reasonable in accordance with generally accepted actuarial principles and practices, taking into account the experience of the plan and reasonable expectations. The actuary's selection of assumptions about future covered employment and contribution levels (including contribution base units and contribution rates) may be based on information provided by the plan sponsor, which must act in good faith in providing the information.
(2)If a plan has a change in assumptions under paragraph
(c)of this section, each of the actuarial assumptions and methods (other than the interest rate assumptions under § 4262.4(e)(1) and (2)) must be reasonable and the combination of those actuarial assumptions and methods (excluding the interest rate assumptions under § 4262.4(e)(1) and (2)) must also be reasonable.
(c)Changes in assumptions. If a plan determines that use of an assumption described in § 4262.3(d)(2) or § 4262.4(e)(3) is unreasonable, the plan's application may include a proposed change in the assumptions (excluding the plan's interest rate assumptions under § 4262.4(e)(1) and (2)).
(1)The application for special financial assistance must---
(i)Describe why the original assumption is no longer reasonable;
(ii)Propose to use a different assumption (the changed assumption); and
(iii)Demonstrate that the changed assumption is reasonable.
(2)PBGC will provide guidelines for changed assumptions on PBGC's website at www.pbgc.gov.