Present Law And Issues Relating to Pension Benefit Guaranty Corporation Guarantees of Retirement Annuities Paid By Insurance Companies : Scheduled for a Hearing Before the Senate Committee On Finance On April 5, 1990 Jcx-10-90

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However, in the unlikely event that an insurance company should fail and its obligations cannot be satisfied (e.g., through a reinsurance system), the PBGC would provide the necessary benefits.
46 Fed. Reg. 9532, at 9534. This position is not necessarily consistent with the structure of the PBGC premium.
- 12 - the termination under ERISA) .
ERISA also provides that the certification by the plan administrator that the assets have been distributed and all benefit liabilities satisfied does not a
...ffect the PBGC's obligations under the provisions of ERISA relating to benefit guarantees (ERISA sec. 4041(b)(4)). While one reading of this provision would support the view that the PBGC remains liable for guaranteed benefits after a plan terminates and annuities have been distributed, the legislative history relating to the provision suggests a more modest purpose--to extend the PBGC guarantee to those situations in which it is subsequently determined that the certification was incorrect and all guaranteed benefits were not in fact distributed.' In support of the PBGC's current position, it may be argued that the trigger for the insurance, i.e., the insurable event, is the plan termination.

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