PBGC Update – Controlled Group Liability, Early Warning Program, Premiums And Other Developments Affecting Plan Sponsors

There have been a number of recent developments involving the Pension Benefit Guaranty Corporation (“PBGC”) since our update regarding PBGC’s proposed rules regarding the Missing Participants Program last September. This memo provides a summary of (1) a recent court decision rejecting PBGC’s attempts to expand the types of entities liable for termination liabilities, (2) PBGC’s recent guidance on its Early Warning Program, (3) the Participant and Plan Sponsor Advocate’s 2016 report, and (4) changes to the premium filing instructions.