U.S. Code » Title 29 » Chapter CHAPTER 18— EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM › Subchapter SUBCHAPTER III— PLAN TERMINATION INSURANCE › Subtitle Subtitle A— Pension Benefit Guaranty Corporation

29 U.S.C. § 1304

Participant and Plan Sponsor Advocate

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(a) In general

The board of directors of the corporation shall select a Participant and Plan Sponsor Advocate from the candidates nominated by the advisory committee to the corporation under section 1302(h)(1) of this title and without regard to the provisions of title 5 relating to appointments in the competitive service or Senior Executive Service.

(b) DutiesThe Participant and Plan Sponsor Advocate shall—(1) act as a liaison between the corporation, sponsors of defined benefit pension plans insured by the corporation, and participants in pension plans trusteed by the corporation;(2) advocate for the full attainment of the rights of participants in plans trusteed by the corporation;(3) assist pension plan sponsors and participants in resolving disputes with the corporation;(4) identify areas in which participants and plan sponsors have persistent problems in dealings with the corporation;(5) to the extent possible, propose changes in the administrative practices of the corporation to mitigate problems;(6) identify potential legislative changes which may be appropriate to mitigate problems; and(7) refer instances of fraud, waste, and abuse, and violations of law to the Office of the Inspector General of the corporation.(c) Removal

If the Participant and Plan Sponsor Advocate is removed from office or is transferred to another position or location within the corporation or the Department of Labor, the board of the 11 So in original. The word “the” probably should not appear. directors of the corporation shall communicate in writing the reasons for any such removal or transfer to Congress not less than 30 days before the removal or transfer. Nothing in this subsection shall prohibit a personnel action otherwise authorized by law, other than transfer or removal.

(d) Compensation

The annual rate of basic pay for the Participant and Plan Sponsor Advocate shall be the same rate as the highest rate of basic pay established for the Senior Executive Service under section 5382 of title 5 or, if the board of directors of the corporation so determines, at a rate fixed under section 9503 of such title.

(e) Annual report(1) In general

Not later than December 31 of each calendar year, the Participant and Plan Sponsor Advocate shall report to the Health, Education, Labor, and Pensions Committee of the Senate, the Committee on Finance of the Senate, the Committee on Education and the Workforce of the House of Representatives, and the Committee on Ways and Means of the House of Representatives on the activities of the Office of the Participant and Plan Sponsor Advocate during the fiscal year ending during such calendar year.

(2) ContentEach report submitted under paragraph (1) shall—(A) summarize the assistance requests received from participants and plan sponsors and describe the activities, and evaluate the effectiveness, of the Participant and Plan Sponsor Advocate during the preceding year;(B) identify significant problems the Participant and Plan Sponsor Advocate has identified;(C) include specific legislative and regulatory changes to address the problems; and(D) identify any actions taken to correct problems identified in any previous report.(3) Concurrent submission

The Participant and Plan Sponsor Advocate shall submit a copy of each report to the Secretary of Labor, the Director of the corporation, and any other appropriate official at the same time such report is submitted to the committees of Congress under paragraph (1).

(Pub. L. 93–406, title IV, § 4004, as added Pub. L. 112–141, div. D, title II, § 40232(a), July 6, 2012, 126 Stat. 856.)Editorial NotesPrior Provisions

A prior section 1304, Pub. L. 93–406, title IV, § 4004, Sept. 2, 1974, 88 Stat. 1008, related to appointment, within 270 days after Sept. 2, 1974, and powers and functions of a receiver to assume control of terminated plan and its assets, prior to repeal by Pub. L. 99–272, title XI, § 11016(c)(6), Apr. 7, 1986, 100 Stat. 274, effective Jan. 1, 1986, with certain exceptions. See section 11019 of Pub. L. 99–272, set out as an Effective Date of 1986 Amendment note under section 1341 of this title.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1979–2024 · leading case: Nachman Corp. v. Pension Benefit Guar. Corp., 446 U.S. 359 (1980).
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Nachman Corp. v. Pension Benefit Guar. Corp., 446 U.S. 359 (1980). · cites it 2× “1009 , 29 U. S. C. § 1304 (f) (4). [34] The latter authorized the PBGC to waive entirely, or to reduce, its right to recover insurance payments from any employer who could establish unreasonable hardship in situations in which the employer was not able, as a practical matter, to…”
Pension Benefit Guar. Corp. v. Ouimet Corp., 470 F. Supp. 945 (D. Mass. 1979). · cites it 4× “29 U.S.C. § 1304 (f)(4). This court finds that the termination liability provisions of ERISA upset settled contractual expectations only to a minimal degree.”
Cheyenne Airport Bd. v. Rogers, 707 P.2d 717 (Wyo. 1985). “We note also in passing that even if a proper claim based on overflight alone were presented, that such claim would arise either when the United States and Wyoming declared a public right of free transit through the navigable airspace (see 29 U.S.C. § 1304 (1958) (as amended…”
Pension Benefit Guar. Corp. v. Ouimet Corp., 630 F.2d 4 (1st Cir. 1980). · cites it 3× “29 U.S.C. § 1304 (f)(4). 15 During the two hundred seventy day period, PBGC promulgated no guidelines relative to waiver application procedures, but, on May 30, 1975, the final day of its temporary authority, it waived liability in most cases in which it had received a letter…”
Durango-Georgia Paper Co. v. H.G. Est., LLC, 739 F.3d 1263 (11th Cir. 2014). “29 U.S.C. § 1304 (a)(14). 4 Title IV of ERISA establishes a pension benefit insurance program that guarantees that pension plan beneficiaries will receive their basic nonforfeitable benefits in the event that the employer that created the pension plan is unable to pay pension…”
Constance Donovan v. Pension Benefit Guar. Corp. (MSPB 2024). · cites it 3× “IAF, Tab 11 at 17-18; see 29 U.S.C. § 1304 (discussing the appointment, duties, and other employment details regarding the position).”
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