Pension Benefit Guaranty Corporation (PBGC) Liens and Liability

Liability to Pension Benefit Guaranty Corporation (PBGC) and liens enforceable by PBGC arise in connection with terminated and ongoing single-employer defined benefit plans.  We work with clients on PBGC liens and liability, including:

• Addressing statutory lien under Internal Revenue Code section 430(k) for missed contributions.
• Addressing statutory lien under Employee Retirement Income Security Act (ERISA) section 4068 for failure to pay termination liability.
• Lien for minimum funding waiver.
• Addressing cessation of operations at a facility under ERISA section 4062(e).
• Settling liability under section 4062 and 4064 for termination of single-employer plans (including "multiple employer" plans).
• Settling PBGC premium liability.
• Settling penalties assessed under ERISA section 4071 of liability.