Guidance documents database

Provides relief from certain premium penalties and in certain situations involving alternative premium funding target elections.

Addresses PBGC’s policy on accepting and responding to amended premium filings based on recharacterization of contributions.

Clarifies that any multiemployer plan that is not amended to adopt a non-presumptive allocation method is required to allocate unfunded vested benefits using the presumptive method.

Provides guidance on the bonding and escrow requirements imposed on employers that sell their assets.

Describes the penalty for failing to timely provide required premium related information to PBGC.

Describes PBGC’s revised policy on assessing penalties for failing to timely provide required information to PBGC.

Answers common questions about eligibility and applications for partitions of multiemployer plans.

Addresses how to determine whether a pension plan is covered by PBGC and explains the common exemptions from coverage.

Answers commonly asked questions about PBGC’s Risk Mitigation & Early Warning Program.

Answers common questions about reasonable administrative expenses of insolvent multiemployer plans.

Guidance on the timing of premium payments for plan years beginning in 2025, which, because of a provision in the Bipartisan Budget Act of 2015, are generally due a month earlier than the due date provided in PBGC’s Payment of Premiums regulation (29 CFR part 4007).

Provides guidelines for changes to certain assumptions that multiemployer plans may use for purposes of determining the amount of SFA.

Initial determination that notice of intent to terminate not valid where not issued by plan administrator, where company argued it was de facto plan administrator but plan clearly identified board to be created as plan administrator.

States the conditions that must be met for the sale of assets exception to withdrawal liability to apply; buyer did not comply with the bond/escrow and sale contract requirements.

Plan is not an Individual account plan because it does not provide for individual accounts for each participant. Plan is covered under Title IV.

A letter of credit can satisfy the bond or escrow requirement of the trucking industry exemption from withdrawal liability.

Implementation guidelines do not generally apply to a transfer of assets from a single-employer plan to a multiemployer plan, followed by the termination of the single-employer plan, but because plan termination is a prerequisite to a reversion of plan assets to an employer, PBGC will not recognize a plan termination when it is intended as a means to recover surplus plan assets without satisfying termination requirements.

A proposal to allocate post termination gains in plan assets to increase a participant’s benefits is not permissible.

PBGC examines financial information of an employer and all trades or businesses under the same common control to assess the employer’s hardship or necessity for deferred payments to meet liability.

Addresses whether foreign entities that are part of a controlled group are jointly liable for withdrawal liability.

Whether an employer that purchased a division of another company and rehired its employees would be treated as a successor corporation and assume liability for existing plans.

Licensed veterinarians are “licensed practitioners of the healing arts” for purposes of the Professional Service Employer plan exemption.

Profit sharing plan is an Individual account plan which is exempt from coverage under Title IV.

Validity of demand for withdrawal liability is subject to arbitration.

Plan maintained by a Council created by a state statute meets the Governmental plan coverage exemption.