The Pension Benefit Guaranty 

Corporation’s Freedom of 

Information Act Report

Fiscal Year 2020

Office of the General Counsel

Disclosure Division

Report to the

Attorney General of the United States

For the Period of

October 1, 2019 – September 30, 2020
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

2

I. BASIC INFORMATION REGARDING REPORT

1. Name, title, address, and telephone number of person(s) to be contacted with 

questions about the report:

D. Camilla Perry, Disclosure Officer

Pension Benefit Guaranty Corporation

1200 K Street, N.W. Washington, D.C. 20005-4026 

(202) 326-4040

2. Electronic address for report on the World Wide Web:

https://www.pbgc.gov/sites/default/files/fy20-foia-annual-report.pdf

3. How to obtain a copy of the report in paper form:

A paper copy of the report can be obtained by writing the Office of the General 

Counsel, Disclosure Division, PBGC at the address in I.1 above, or by printing a copy

at the Web address listed in I.2 above.

II. MAKING A FOIA REQUEST

1. Names, addresses, and telephone numbers of PBGC FOIA Officers and FOIA 

Liaison. FOIA requests should be submitted directly to the Disclosure Division

Attention: D. Camilla Perry, Disclosure Officer

Pension Benefit Guaranty Corporation

1200 K Street, N.W., Suite 11101

Washington, DC 20005-4026

Phone (202) 326-4040

Chief FOIA and Privacy Act Officer

Paul Chalmers, Deputy General Counsel

FOIA Public Liaison

Robyne Griffin

Davida Haynes

Dooter Malu, Esq.

A FOIA request should include a description of the requested records, an assurance

that the requester is willing to pay the fees, if any, associated with processing the

request, and the complete address of the requester. In addition, it is helpful to provide

a phone number where the requester can be reached during business hours so that any

questions regarding the scope of the request can be resolved quickly. If the requester
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

3

is unsure of how to describe the records they desire or have specific questions relating

to processing of a request, they should call the FOIA staff for advice at (202) 326-

4040 prior to filing their request.

2. Brief description of why some requests are not granted and an overview of certain

general categories of the agency’s records to which the FOIA exemptions applies

Records subject to disclosure and application of FOIA exemptions include, in part; 

records submitted to PBGC and created by PBGC in connection with processing

distress plan terminations, or standard termination filing, comments on proposed 

regulations and documents outlining PBGC policies and procedures, as well as 

documents underlying PBGC policies and procedures.

Some requests are not granted because one or more of the exemptions from FOIA’s 

disclosure requirement applies to the records requested. The primary exemptions 

used by PBGC are (b) (3), (4), (5), (6) and (7)(c).

PBGC denies access to records which have been submitted to the agency under Title 

29 USC 4010 and 29 USC 4043 pursuant to exemption (b)(3).

In addition, companies often submit confidential financial and/or commercial 

information to PBGC in the course of doing business. This information is 

withheld under exemption (b)(4).

In some instances, PBGC did not possess any of the records that were requested.

Exemption (b) (5) in part, allows for the protection of records that reflect the

deliberative process within the agency. It can be used to protect portions of records 

that contain pre-decisional opinions recommendations and advice when the

disclosure of that information may have a chilling effect on the decision-making 

process. Exemption (b) (5) also protects attorney work product and attorney client 

communications.

In the vast majority of cases, denial of access to records involve requests by third 

parties for personal information about individuals contained in the individual’s 

Privacy Act record or other record, where the subject individual has not 

authorized release of their personal information, a Privacy Act routine use does 

not apply, or the FOIA does not require the PBGC to otherwise release the

personal information. These records or information are withheld under 

exemption (b)(6).

3. FOIA Regulations (including Fee Schedule)

PBGC FOIA regulations are available online at:
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

4

https://www.ecfr.gov/cgi-bin/textidx?SID=16114243668c4b39eb9106f2be470b7c&mc=true&node=pt29.9.4901&rgn=div5

III. ACRONYMS, DEFINITIONS, AND EXEMPTIONS

1. Agency-specific acronyms or other terms: None

2. Definitions of terms used in this report:

a. Administrative Appeal – a request to a federal agency asking that it review at a

higher administrative level a FOIA determination made by the agency at the

initial request level.

b. Average Number – the number obtained by dividing the sum of a group of

numbers by the quantity of numbers in the group. For example, of 3, 7, and 14, 

the average number is 8.

c. Backlog – the number of requests or administrative appeals that are pending at 

an agency at the end of the fiscal year that are beyond the statutory time period 

for a response. 

d. Component – for agencies that process requests on a decentralized basis, a

“component” is an entity, also sometimes referred to as an Office, Division, 

Bureau, Center, or Directorate, within the agency that processes FOIA requests. 

The FOIA now requires that agencies include in their Annual FOIA Report data 

for both the agency overall and for each principal component of the agency. 

NOTE: PBGC is centralized and therefore does not have multiple components.

e. Consultation – the procedure whereby the agency responding to a FOIA request 

first forwards a record to another agency for its review because that agency has an 

interest in the record. Once the agency in receipt of the consultation finishes its 

review of the record, it responds back to the agency that forwarded it. That 

agency, in turn, will then respond to the FOIA requester.

f. Exemption 3 Statute – a federal statute that exempts information from disclosure

and which the agency relies on to withhold information under subsection (b)(3) of

the FOIA.

g. FOIA/PA Request – a FOIA request is generally a request to a federal agency 

for access to records concerning another person (i.e., a “third-party” request), or 

concerning an organization, or a particular topic of interest. FOIA requests also 

include requests made by requesters seeking records concerning themselves (i.e., 

"first-party" requests) when those requesters are not subject to the Privacy Act, 

such as non-U.S. citizens. Moreover, because all first-party requesters should be 

afforded the benefit of both the access provisions of the FOIA as well as those of 
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

5

the Privacy Act, FOIA requests also include any first-party requests where an 

agency determines that it must search beyond its Privacy Act “systems of 

records” or where a Privacy Act exemption applies, and the agency looks to 

FOIA to afford the greatest possible access. All requests which require the 

agency to utilize the FOIA in responding to the requester are included in this 

Report. Additionally, a FOIA request includes records referred to the agency for 

processing and direct response to the requester. It does not, however, include 

records for which the agency has received a consultation from another agency. 

(Consultations are reported separately in Section XII of this Report.)

NOTE: PBGC processed all requests for access to records, regardless of which 

law was cited by the requester, under both the FOIA and PA, as appropriate.

h. Full Grant – an agency decision to disclose all records in full in response to a

FOIA request. 

i. Full Denial – an agency decision not to release any records in response to a

FOIA request because the records are exempt in their entireties under one or

more of the FOIA exemptions, or for some procedural reason, such as when no 

records could be located.

j. Median Number – the middle, not average, number. For example, of 3, 7, and 

14, the median number is 7.

k. Multi-track Processing – a system in which simple requests requiring relatively

minimal review are placed in one processing track and more voluminous and 

complex requests are placed in one or more other tracks. Requests granted 

expedited processing are placed in yet another track. Requests in each track are

processed on a first-in/first out basis. 

i. Expedited Processing – an agency will process a FOIA request on an 

expedited basis when a requester satisfies the requirements for expedited 

processing as set forth in the statute and in agency regulations.

ii. Simple Request – a FOIA request that an agency using multi-track 

processing places in its fastest (non- expedited) track based on the low 

volume and/or simplicity of the records requested.

iii. Complex Request – a FOIA request that an agency using multi-track 

processing places in a slower track based on the high volume and/or

complexity of the records requested.

l. Partial Grant/Partial Denial – in response to a FOIA request, an agency

decision to disclose portions or the records and to withhold other portions that 

are exempt under the FOIA, or to otherwise deny a portion of the request for a

procedural reason.
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

6

m. Pending Request or Pending Administrative Appeal – a request or

administrative appeal for which an agency has not taken final action in all 

respects.

n. Perfected Request – a request for records which reasonably describes such

records and is made in accordance with published rules stating the time, place, 

fees (if any), and procedures to be followed.

o. Processed Request or Processed Administrative Appeal – a request or

administrative appeal for which an agency has taken final action in all respects.

p. Range in Number of Days – the lowest and highest number of days to process 

requests or administrative appeals.

q. Time Limits – the time period in the statute for an agency to respond to a

FOIA request (ordinarily twenty working days from receipt of a perfected 

FOIA request).

3. Concise description of the nine FOIA exemptions:

An agency may withhold information from disclosure if the information 

requested is the kind described in any of the nine exemptions listed in the

FOIA.

1. Exemption 1: classified national defense and foreign relations information.

2. Exemption 2: information that is related solely to the internal personnel rules 

and practices of an agency.

3. Exemption 3: information that is prohibited from disclosure by another

federal law.

4. Exemption 4: trade secrets and other confidential business information.

5. Exemption 5: inter-agency or intra-agency communications that are protected 

by legal privileges.

6. Exemption 6: information which, if released, would constitute a clearly

unwarranted invasion of personal privacy.

7. Exemption 7: records or information compiled for law enforcement purposes, 

to the extent that the production of those records (A) could reasonably be

expected to interfere with enforcement proceedings, (B) would deprive a
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

7

person of a right to a fair trial or an impartial adjudication, (C) could 

reasonably be expected to constitute an unwarranted invasion of personal 

privacy, (D) could reasonably be expected to disclose the identity of a 

confidential source, (E) would disclose techniques and procedures for law 

enforcement investigations or prosecutions, or would disclose guidelines for

law enforcement investigations or prosecutions, or (F) could reasonably be

expected to endanger the life or physical safety of any individual.

8. Exemption 8: Information relating to the supervision of financial institutions.

9. Exemption 9: Geological information on wells.
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

8

3. Agency Component Abbreviations

Component 

Abbreviation Component Name

PBGC Pension Benefit Guaranty Corporation
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

9

IV. Exemption 3 Statutes

Statute Type of Information

Withheld Case Citation Agency / Component

Number of 

Times

Relied 

upon

by Agency 

/ 

Component

Total 

Number of

Times 

Relied 

upon

by Agency 

Overall

29 U.S.C. § 

1310(c)

Any information or 

documentary material 

submitted to the 

[agency] pursuant to . . . 

section [1310 of title 29 

of the United States 

Code]

N/A PBGC

1 1

29 U.S.C. § 

1343(f)

Any information or 

documentary material 

submitted to the 

[agency] pursuant to . . . 

Section [1343 of title 29 

of the United States 

Code].

N/A PBGC

3 3

41 U.S.C. § 

4702 (formerly 

at 41 U.S.C. § 

253b(m)(1))

Contractor proposals 

that are in the possession 

or control of an 

executive agency and 

that have not been set 

forth or incorporated by 

reference into contracts.

Sinkfield v. HUD, No. 10-885, 2012 

U.S. Dist. LEXIS 35233, at *13-15 

(S.D. Ohio Mar. 15, 2012); Margolin v. 

NASA, No. 09-CV-00421, 2011 WL 

1303221, at *6 (D. Nev. Mar. 31, 

2011); Hornbostel v. U.S. Dep't of the 

Interior, 305 F. Supp. 2d 21, 30 (D.D.C. 

2003), summary affirmance granted, 

No. 03-5257, 2004 WL 1900562 (D.C. 

Cir. Aug. 25, 2004).

PBGC

3 3
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

10

V.A. FOIA REQUESTS -- RECEIVED, PROCESSED AND PENDING FOIA REQUESTS

Agency / Component

Number of 

Requests

Pending as of 

Start

of Fiscal Year

Number of

Requests 

Received

in Fiscal Year

Number of

Requests 

Processed

in Fiscal Year

Number of Requests

Pending as of End

of Fiscal Year

PBGC 205 3495 3525 175

AGENCY OVERALL 205 3495 3525 175
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

11

V.B.(1). DISPOSITION OF FOIA REQUESTS -- ALL PROCESSED REQUESTS

Agency / 

Component

Number 

of Full 

Grants

Number 

of 

Partial 

Grants / 

Partial 

Denials

Number of 

Full 

Denials 

Based on 

Exemptions

Number of Full Denials Based on Reasons Other than Exemptions

No 

Records

All 

Records 

Referred to 

Another 

Component 

or Agency

Request 

Withdrawn

FeeRelated 

Reason

Records 

not 

Reasonably 

Described

Improper 

FOIA 

Request 

for Other 

Reason

Not 

Agency 

Record

Duplicate 

Request

Other 

*Explain 

in Chart 

Below

TOTAL

PBGC 2684 381 78 114 2 35 8 14 28 1 180 0 3525

AGENCY 

OVERALL 2684 381 78 114 2 35 8 14 28 1 180 0 3525
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

12

V.B.(2). DISPOSITION OF FOIA REQUESTS -- "OTHER" REASONS FOR "FULL DENIALS BASED ON REASONS 

OTHER THAN EXEMPTIONS"

Agency / Component Description of "Other" Reasons for Denials 

from Chart B(1)

Number 

of Times 

"Other" 

Reason 

Was 

Relied 

Upon

TOTAL

PBGC N/A 0 0

AGENCY 

OVERALL 0
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

13

V.B.(3). DISPOSITION OF FOIA REQUESTS -- NUMBER OF TIMES EXEMPTIONS APPLIED

Agency / 

Component

Ex. 

1

Ex. 

2

Ex. 

3

Ex. 

4

Ex. 

5

Ex. 

6

Ex. 

7(A)

Ex. 

7(B)

Ex. 

7(C)

Ex. 

7(D)

Ex. 

7(E)

Ex. 

7(F)

Ex. 

8

Ex. 

9

PBGC 0 0 7 25 12 380 1 0 2 0 2 0 0 0

AGENCY 

OVERALL 0 0 7 25 12 380 1 0 2 0 2 0 0 0
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

14

VI.A. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTS -- RECEIVED, PROCESSED, AND 

PENDING ADMINISTRATIVE APPEALS

Agency / Component

Number of Appeals

Pending as of Start

of Fiscal Year

Number of

Appeals Received

in Fiscal Year

Number of

Appeals Processed

in Fiscal Year

Number of Appeals

Pending as of End

of Fiscal Year

PBGC 1 15 15 1

AGENCY OVERALL 1 15 15 1
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

15

VI.B. DISPOSITION OF ADMINISTRATIVE APPEALS -- ALL PROCESSED APPEALS

Agency / 

Component

Number Affirmed 

on Appeal

Number Partially 

Affirmed & Partially 

Reversed/Remanded on 

Appeal

Number Completely 

Reversed/Remanded on 

Appeal

Number of 

Appeals Closed 

for Other Reasons

TOTAL

PBGC 6 1 0 8 15

AGENCY 

OVERALL 6 1 0 8 15
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

16

VI.C.(1). REASONS FOR DENIAL ON APPEAL -- NUMBER OF TIMES EXEMPTIONS APPLIED

Agency / 

Component

Ex. 

1

Ex. 

2

Ex. 

3

Ex. 

4

Ex. 

5

Ex. 

6

Ex. 

7(A)

Ex. 

7(B)

Ex. 

7(C)

Ex. 

7(D)

Ex. 

7(E)

Ex. 

7(F)

Ex. 

8

Ex. 

9

PBGC 0 0 0 2 1 4 0 0 0 0 0 0 0 0

AGENCY 

OVERALL 0 0 0 2 1 4 0 0 0 0 0 0 0 0
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

17

VI.C.(2). REASONS FOR DENIAL ON APPEAL -- REASONS OTHER THAN EXEMPTIONS

Agency / 

Component

No 

Records

Records 

Referred 

at Initial 

Request 

Level

Request 

Withdrawn

FeeRelated 

Reason

Records 

not 

Reasonably 

Described

Improper 

Request 

for Other 

Reasons

Not 

Agency 

Record

Duplicate 

Request 

or 

Appeal

Request 

in 

Litigation

Appeal 

Based 

Solely on 

Denial of 

Request 

for 

Expedited 

Processing

Other 

*Explain 

in chart 

below

PBGC 1 0 0 0 1 0 0 1 0 1 7

AGENCY 

OVERALL 1 0 0 0 1 0 0 1 0 1 7
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

18

VI.C.(3). REASONS FOR DENIAL ON APPEAL -- "OTHER" REASONS

Agency / Component Description of "Other" Reasons for Denial on Appeal from 

Chart C(2)

Number of 

Times "Other" 

Reason Was 

Relied Upon

TOTAL

PBGC Untimely appeal 7 7

AGENCY OVERALL 7
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

19

VI.C.(4). RESPONSE TIME FOR ADMINISTRATIVE APPEALS

Agency / Component Median Number of 

Days

Average Number of 

Days

Lowest Number of 

Days

Highest Number of 

Days

PBGC 17.0 15.0 3.0 25.0

AGENCY 

OVERALL

17.0 15.0 3 25
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

20

VI.C.(5). TEN OLDEST PENDING ADMINISTRATIVE APPEALS

Agency / 

Component

10th 

Oldest 

Appeal

9th 8th 7th 6th 5th 4th 3rd 2nd Oldest 

Appeal

PBGC

Date of Appeal N/A N/A N/A N/A N/A N/A N/A N/A N/A

2020-09-

08

Number of Days 

Pending 0 0 0 0 0 0 0 0 0 16

AGENCY 

OVERALL

Date of Appeal N/A N/A N/A N/A N/A N/A N/A N/A N/A

2020-09-

08

Number of Days 

Pending 0 0 0 0 0 0 0 0 0 16
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

21

VII.A. FOIA REQUESTS -- RESPONSE TIME FOR ALL PROCESSED PERFECTED REQUESTS

Agency / 

Component

SIMPLE COMPLEX EXPEDITED PROCESSING

Median 

Number 

of Days

Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

Median 

Number 

of Days

Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

Median 

Number 

of Days

Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

PBGC 12.0 15.51 <1 74.0 18.0 24.45 <1 163.0 N/A N/A N/A N/A

AGENCY 

OVERALL 12.0 15.51 <1 74 18.0 24.45 <1 163 N/A N/A N/A N/A
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

22

VII.B. PROCESSED REQUESTS -- RESPONSE TIME FOR PERFECTED REQUESTS IN WHICH INFORMATION WAS 

GRANTED

Agency / 

Component

SIMPLE COMPLEX EXPEDITED PROCESSING

Median 

Number 

of Days

Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

Median 

Number 

of Days

Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

Median 

Number 

of Days

Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

PBGC 12.0 15.41 <1 74.0 19.0 25.38 <1 163.0 N/A N/A N/A N/A

AGENCY 

OVERALL 12.0 15.41 <1 74 19.0 25.38 <1 163 N/A N/A N/A N/A
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

23

VII.C. PROCESSED SIMPLE REQUESTS -- RESPONSE TIME IN DAY INCREMENTS

Agency / 

Component

<1-

20

Days

21-

40

Days

41-

60

Days

61-

80

Days

81-

100 

Days

101-

120 

Days

121-

140 

Days

141-

160 

Days

161-

180 

Days

181-

200 

Days

201-

300 

Days

301-

400 

Days

401+

Days TOTAL

PBGC 1894 414 131 21 0 0 0 0 0 0 0 0 0 2460

AGENCY 

OVERALL 1894 414 131 21 0 0 0 0 0 0 0 0 0 2460
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

24

VII.C. PROCESSED COMPLEX REQUESTS -- RESPONSE TIME IN DAY INCREMENTS

Agency / 

Component

<1-

20

Days

21-

40

Days

41-

60

Days

61-

80

Days

81-

100 

Days

101-

120 

Days

121-

140 

Days

141-

160 

Days

161-

180 

Days

181-

200 

Days

201-

300 

Days

301-

400 

Days

401+

Days TOTAL

PBGC 571 242 113 54 11 10 2 2 1 0 0 0 0 1006

AGENCY 

OVERALL 571 242 113 54 11 10 2 2 1 0 0 0 0 1006
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

25

VII.C. PROCESSED REQUESTS GRANTED EXPEDITED PROCESSING -- RESPONSE TIME IN DAY INCREMENTS

Agency / 

Component

<1-

20

Days

21-

40

Days

41-

60

Days

61-

80

Days

81-

100 

Days

101-

120 

Days

121-

140 

Days

141-

160 

Days

161-

180 

Days

181-

200 

Days

201-

300 

Days

301-

400 

Days

401+

Days TOTAL

PBGC 0 0 0 0 0 0 0 0 0 0 0 0 0 0

AGENCY 

OVERALL 0 0 0 0 0 0 0 0 0 0 0 0 0 0
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

26

VII.D. PENDING REQUESTS -- ALL PENDING PERFECTED REQUESTS

Agency / 

Component

SIMPLE COMPLEX EXPEDITED PROCESSING

Number 

Pending

Median 

Number 

of Days

Average 

Number 

of Days

Number 

Pending

Median 

Number 

of Days

Average 

Number 

of Days

Number 

Pending

Median 

Number 

of Days

Average 

Number 

of Days

PBGC 118 8 8.43 52 13.0 12.15 0 0 0

AGENCY 

OVERALL 118 8.0 8.43 52 13.0 12.15 0 0 0
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

27

VII.E. PENDING REQUESTS -- TEN OLDEST PENDING PERFECTED REQUESTS

Agency / 

Component

10th 

Oldest 

Request

9th 8th 7th 6th 5th 4th 3rd 2nd Oldest 

Request

PBGC

Date of 

Receipt

2020-

09-02

2020-

09-02

2020-

09-02

2020-

09-02

2020-

09-02

2020-

09-02

2020-

09-02

2020-

09-02

2020-

09-02

2020-

08-28

Number of 

Days 

Pending 19 19 19 19 19 19 19 19 19 22

AGENCY 

OVERALL

Date of 

Receipt

2020-

09-02

2020-

09-02

2020-

09-02

2020-

09-02

2020-

09-02

2020-

09-02

2020-

09-02

2020-

09-02

2020-

09-02

2020-

08-28

Number of 

Days 

Pending 19 19 19 19 19 19 19 19 19 22
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

28

VIII.A. REQUESTS FOR EXPEDITED PROCESSING

Agency / Component Number 

Granted Number Denied

Median Number 

of Days to 

Adjudicate

Average Number 

of Days to 

Adjudicate

Number 

Adjudicated 

Within Ten 

Calendar Days

PBGC 0 70 4.0 3.0 64

AGENCY OVERALL 0 70 4.0 3.0 64
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

29

VIII.B. Requests for Fee Waiver

Agency / Component Number Granted Number Denied Median Number of 

Days to Adjudicate

Average Number of 

Days to Adjudicate

PBGC 4 60 2.0 2.17

AGENCY OVERALL 4 60 2.0 2.17
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

30

IX. FOIA Personnel and Costs

Agency / Component

PERSONNEL COSTS

Number of 

"Full-Time 

FOIA 

Employees"

Number of 

"Equivalent 

Full-Time 

FOIA 

Employees"

Total 

Number of 

"Full-Time 

FOIA Staff"

Processing 

Costs

LitigationRelated Costs Total Costs

PBGC 10 1.58 11.58 333432.00 0.00 333432.00

AGENCY 

OVERALL 10 1.58 11.58 333432.00 0.00 333432.00
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

31

X. Fees Collected for Processing Requests

Agency / 

Component

Total Amount 

of Fees 

Collected

Percentage of 

Total Costs

PBGC 704.00 0.2100

AGENCY 

OVERALL 704.00 0.2100
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

32

XI.A. Number of Times Subsection (C) Used

Agency / Component Number of Times Subsection 

Used

PBGC 0

AGENCY 

OVERALL 0
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

33

XI.B. Number of Subsection (A)(2) Postings

Agency / 

Component

Number of 

Records 

Posted by the 

FOIA Office

Number of 

Records 

Posted by 

Program 

Offices

PBGC 0 0

AGENCY 

OVERALL 0 0
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

34

XII.A. Backlogs of FOIA Requests and Administrative Appeals

Agency / 

Component

Number of 

Backlogged 

Requests as of 

End of Fiscal 

Year

Number of 

Backlogged 

Appeals as of 

End of Fiscal 

Year

PBGC 0 0

AGENCY 

OVERALL 0 0
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

35

XII.B. CONSULTATIONS ON FOIA REQUESTS -- RECEIVED, PROCESSED, AND PENDING CONSULTATIONS

Agency / 

Component

Number of 

Consultations 

Received from 

Other Agencies 

that were 

Pending at the 

Agency as of 

Start

of the Fiscal 

Year

Number of

Consultations 

Received from 

Other Agencies 

During the 

Fiscal Year

Number of 

Consultations 

Received from 

Other Agencies 

that were 

Processed by the 

Agency During 

the Fiscal Year

Number of 

Consultations 

Received from 

Other Agencies 

that were 

Pending at the 

Agency as of 

End

of the Fiscal 

Year

PBGC 0 1 1 0

AGENCY 

OVERALL 0 1 1 0
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

36

XII.C. CONSULTATIONS ON FOIA REQUESTS -- TEN OLDEST CONSULTATIONS RECEIVED FROM OTHER 

AGENCIES AND PENDING AT THE AGENCY

Agency / 

Component

10th Oldest 

Consultation 9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Consultation

PBGC

Date N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

Number of 

Days 0 0 0 0 0 0 0 0 0 0

AGENCY 

OVERALL

Date N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

Number of 

Days 0 0 0 0 0 0 0 0 0 0

XII.D.(1). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENT ANNUAL REPORT --

REQUESTS RECEIVED AND PROCESSED

Agency / Component

NUMBER OF REQUESTS RECEIVED NUMBER OF REQUESTS PROCESSED

Number Received 

During Fiscal Year 

from Last Year's 

Annual Report

Number Received 

During Fiscal Year 

from Current Annual 

Report

Number Processed 

During Fiscal Year 

from Last Year's 

Annual Report

Number Processed 

During Fiscal Year 

from Current Annual 

Report

PBGC 2348 3495 2232 3525

AGENCY OVERALL 2348 3495 2232 3525
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

37

XII.D.(2). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENT ANNUAL REPORT --

BACKLOGGED REQUESTS

Agency / Component

Number of 

Backlogged 

Requests as of End 

of the Fiscal Year 

from Previous 

Annual Report

Number of 

Backlogged 

Requests as of End 

of the Fiscal Year 

from Current Annual 

Report

PBGC 0 0

AGENCY OVERALL 0 0
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

38

XII.E.(1). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM PREVIOUS AND CURRENT 

ANNUAL REPORT -- APPEALS RECEIVED AND PROCESSED

Agency / 

Component

NUMBER OF APPEALS 

RECEIVED

NUMBER OF APPEALS 

PROCESSED

Number 

Received 

During Fiscal 

Year from Last 

Year's Annual 

Report

Number 

Received 

During Fiscal 

Year from 

Current Annual 

Report

Number 

Processed 

During Fiscal 

Year from Last 

Year's Annual 

Report

Number 

Processed 

During Fiscal 

Year from 

Current Annual 

Report

PBGC 9 15 9 15

AGENCY 

OVERALL 9 15 9 15
PENSION BENEFIT GUARANTY CORPORATION – FY 2020 FOIA ANNUAL REPORT

39

XII.E.(2). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM PREVIOUS AND CURRENT 

ANNUAL REPORT -- BACKLOGGED APPEALS

Agency / Component

Number of 

Backlogged Appeals 

as of End of the 

Fiscal Year from 

Previous Annual 

Report

Number of 

Backlogged Appeals 

as of End of the 

Fiscal Year from 

Current Annual 

Report

PBGC 0 0

AGENCY OVERALL 0 0