(a) Reportable event. A reportable event occurs for a plan when any member of the plan's controlled group—
- (1) Commences or has commenced against it any insolvency proceeding (including, but not limited to, the appointment of a receiver) other than a bankruptcy case under the Bankruptcy Code;
- (2) Commences, or has commenced against it, a proceeding to effect a composition, extension, or settlement with creditors;
- (3) Executes a general assignment for the benefit of creditors; or
- (4) Undertakes to effect any other nonjudicial composition, extension, or settlement with substantially all its creditors.
- (b) Waivers—(1) De minimis 10-percent segment. Notice under this section is waived if the person described in paragraph (a) of this section is not a contributing sponsor of the plan and represents a de minimis 10-percent segment of the plan's controlled group for the most recent fiscal year(s) ending on or before the date the reportable event occurs.
- (2) Foreign entity. Notice under this section is waived if the person described in paragraph (a) of this section is a foreign entity other than a foreign parent.
- (3) Liquidation event. Notice under paragraph (a)(3) or (4) of this section is waived if reporting is also required under § 4043.30 and notice has been provided timely to PBGC for the same event under that section.
[80 FR 55002, Sept. 11, 2015, as amended at 85 FR 6064, Feb. 4, 2020]