Open Recommendations

Ensure that the Procurement Department Technical Evaluation Panel templates are updated to include the anti-gag provision as required by the Consolidated Appropriations Act, 2023 (Pub. L. No. 117-328, Title VII, Sec. 743).

In the case of a non-disclosure form or agreement that does not contain the required anti-gag statement, PBGC should give notice of the statement to the employee signatory to the form or agreement.

Develop and implement an anti-gag policy that assigns oversight roles and responsibilities, provides guidance to PBGC personnel on legal requirements, and describes how to identify non-disclosure forms and agreements that require the inclusion of the…

For plans applying for SFA after initiation of the full participant death audit (as agreed to with recommendation 2024-01-01), continue to implement the new death audit procedures prior to approving the applications. Implementing this recommendation…

Maintain sufficient documentation to ensure that all plans applying for SFA have complied with the Final Rule requirements to conduct a plan level death audit within one year of the plan’s measurement date.

Update Multiemployer Special Financial Assistance Division’s and Negotiations and Restructuring Actuarial Department’s procedures to include steps to ensure deceased participants, from all participant categories, be excluded from SFA calculations.

Design specific procedures for the SFA program to ensure (1) appropriate in-depth analysis and review of exceptions, as well as consistent review of historical data for outliers, one-time items and other anomalies, and (2) ensure the review and decision-…

PBGC should reconfigure administrative interfaces with strong, unique passwords that are difficult to guess. Ideally, passphrases should be used instead of passwords. These passphrases should contain a mixture of uppercase characters, lowercase…

PBGC should replace invalid certificates with those issued by a trusted Certificate Authority. Additionally, user security training should be implemented to promote user skepticism when dealing with invalid certificates while accessing web resources.

Develop a Labor Hour invoice process to ensure CORs are properly reviewing supporting documents before they approve or reject contractor Labor Hour invoices.