PBGC Issues Final Rule on Examination and Copying of Records Under FOIA

Published July 22, 2022

The Pension Benefit Guaranty Corporation (PBGC) issued a final rule updating and clarifying guidance on examining records kept by PBGC. The amendments reflect statutory changes to the Freedom of Information Act (FOIA) and recent updates to PBGC’s procedures for record examination.

Authority for the rule is provided by Section 4002(b)(3) of the Employee Retirement Income Security Act of 1974 and by FOIA, as amended. 

The final rule would:

  • Clarify that PBGC's disclosable records are generally available in an electronic, rather than paper, format.
  • Describe the procedure to seek expedited treatment for record requests.
  • Clarify the acceptable methods for submitting record requests.
  • Update the time limit to respond to record requests.
  • Clarify the procedures available to a requester when PBGC extends the time to respond to a disclosure request or an appeal.
  • Clarify the procedure for responding to requests that are of concern to a Federal agency other than PBGC.
  • Update the fees for search and review time.
  • Modify the definitions of certain categories of requesters.

The final rule is effective August 24, 2022. The amendments under the final rule apply to requests under FOIA submitted to PBGC on or after August 24, 2022.