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Guidance documents database
The documents listed below are PBGC’s guidance documents. The contents of these documents do not have the force and effect of law, unless expressly authorized by statute or incorporated into a contract, and are not meant to bind the public in any way. These documents are intended only to provide clarity to the public regarding existing requirements under the law or agency policies.
If you would like to comment on an existing guidance document, please submit your comment, including your contact information, to the General Counsel at GuidanceComments@pbgc.gov or at Regulatory Affairs Division, Pension Benefit Guaranty Corporation, Office of the General Counsel, 445 12th Street, SW, Washington, DC 20024-2101.
| Title | Issuance Date | Agency Identifier (indexed field) | Topics | Summary | Posted Date |
|---|---|---|---|---|---|
| Assessment of Penalties for Failure to Provide Required Information (1997) | 3-14-1997 | 62 FR 12521 | Distress terminations, Standard termination, Penalties, Reporting requirements | Describes the revised penalty for failing to timely provide required information to PBGC in standard terminations and sufficient distress terminations. |
2-28-2020 |
| Frequently asked questions about standard terminations | 1-28-2020 | PBGC Web 013 | Standard termination | Provides information on filing a standard termination, distribution of benefits, and standard termination audits |
2-28-2020 |
| Present Value of the Maximum PBGC Guaranteed Benefit under IRC Section 436(d)(3)(A)(ii) and ERISA Section 206(g)(3)(C)(i)(II) | 12-17-2007 | PBGC TU 07-4 | Benefit guarantee, Present value | Guidance on determining the present value of the maximum benefit guaranteed by PBGC. |
2-28-2020 |
| Simplified Methods for Applying the Requirement to Disregard Benefit Reductions in Determining Withdrawal Liability - Multiemployer Pension Plans - Pension Protection Act of 2006 | 7-15-2010 | PBGC TU 10-3 | Multiemployer, Withdrawal Liability, Unfunded vested benefits, PPA | Provides simplified methods for the application of the statutory requirement that multiemployer plans in critical status disregard certain benefit reductions in determining the plan's unfunded vested benefits for purposes of determining an employer's withdrawal liability under section 4201 of ERISA. |
2-28-2020 |
| SFA Assumptions Guidance - Updated July 11, 2022, Superseded as of January 3, 2023 | 7-11-2022 | PBGC SFA 22-07 | Special financial assistance, Multiemployer | Provides guidelines for changes to certain assumptions that multiemployer plans may use for purposes of determining eligibility for special financial assistance (SFA) and the amount of SFA. |
7-11-2022 |
| FOIA | 12-16-2019 | PBGC Web 015 | Freedom of Information Act | PBGC’s Freedom of Information Act Guide |
2-28-2020 |
| FOIA | 12-16-2019 | PBGC Web 015 | Freedom of Information Act | 2-28-2020 | |
| SFA Assumptions Guidance - Superseded as of July 11, 2022 | 7-9-2021 | PBGC SFA 21-02 | Special financial assistance, Multiemployer | Provides guidelines for changes to certain assumptions that multiemployer plans may use for purposes of determining eligibility for special financial assistance (SFA) and the amount of SFA. |
7-9-2021 |
| Premium Filing Due Date Change for 2025 Plan Years | 1-6-2025 | PBGC TU 25-1 | Premiums | 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). |
1-24-2025 |
| SFA Assumptions Guidance - Updated November 1, 2023 | 11-1-2023 | PBGC SFA 23-01 | Special financial assistance, Multiemployer | Provides guidelines for changes to certain assumptions that multiemployer plans may use for purposes of determining the amount of SFA. |
11-1-2023 |
| Partition FAQs for practitioners | 12-6-2019 | PBGC Web 006 | Multiemployer, Partitions | Answers common questions about eligibility and applications for partitions of multiemployer plans. |
2-28-2020 |
| Risk Mitigation and Early Warning questions and answers | 7-20-2018 | PBGC Web 003 | Early Warning, Risk Mitigation | Answers commonly asked questions about PBGC’s Risk Mitigation & Early Warning Program. |
2-28-2020 |
| Multiemployer Insolvent Plan administrative expense FAQs | 8-24-2017 | PBGC Web 005 | Multiemployer | Answers common questions about reasonable administrative expenses of insolvent multiemployer plans. |
2-28-2020 |
| PBGC insurance coverage | 12-6-2019 | PBGC Web 001 | Coverage | Addresses how to determine whether a pension plan is covered by PBGC and explains the common exemptions from coverage. |
2-28-2020 |
| Opinion Letter 74-028 | 12-6-1974 | PBGC Op Let 74-28 | Benefit guarantee | PBGC’s plan termination insurance program covers retirees in pay status. |
2-28-2020 |
| Opinion Letter 94-001 | 7-26-1994 | PBGC Op Let 94-1 | Interest, Premiums | Discusses the method used by PBGC to calculate interest on premium underpayments. |
2-28-2020 |
| Opinion Letter 77-159 | 8-15-1977 | PBGC Op Let 77-159 | Allocation of assets | An annuity contract owned by a pension plan is the plan asset, not the assets held by the insurer under the contract. Because benefits payable under the annuity contract are revocable upon termination, assets held under the contract are included in the value of the contract. |
2-28-2020 |
| Opinion Letter 78-020 | 9-14-1978 | PBGC Op Let 78-20 | Benefit guarantee | PBGC guarantees basis plan benefits only and does not guarantee the payment of non-basic plan benefits. |
2-28-2020 |
| Opinion Letter 76-095 | 8-21-1976 | PBGC Op Let 76-95 | Governmental plan, Coverage | Employer created by state law is a political subdivision of state with authority to tax. Plan meets the Governmental plan exemption from coverage. |
2-28-2020 |
| Opinion Letter 93-001 | 2-16-1993 | PBGC Op Let 93-1 | Termination, Premiums | The obligation to pay premiums ceases when plan assets are distributed under priority categories 1- 6 without regard to whether there are residual assets. |
2-28-2020 |
| Opinion Letter 94-008 | 9-30-1994 | PBGC Op Let 94-08 | Reallocation liability, Multiemployer, Withdrawal Liability | Addresses the calculation of reallocation liability when calculating withdrawal liability under the "presumptive method" and whether to include the unfunded vested benefits of an employer that is subject to the construction rule. |
2-28-2020 |
| Opinion Letter 77-151 | 7-21-1977 | PBGC Op Let 77-151 | legal fees, Termination | Not appropriate to charge against plan assets legal fees arising from plan termination. |
2-28-2020 |
| Opinion Letter 90-003 | 4-24-1990 | PBGC Op Let 09-3 | Termination, annuities | Once irrevocable commitments are purchased, PBGC no longer guarantees the benefits. |
2-28-2020 |
| Opinion Letter 74-026 | 11-14-1974 | PBGC Op Let 74-26 | Professional service employer plan, Coverage | Company owners are physicians and company provides medical services. Plan is exempt as a Professional Servicer Employer plan. |
2-28-2020 |
| Opinion Letter 88-009 | 12-6-1988 | PBGC Op Let 88-9 | Professional service employer plan, Coverage | Original plan is a Title IV covered plan. Successor plan is also a Title IV covered plan. Successor plan does not qualify as an exempt plan under the Professional Service plan exemption even though successor plan has fewer than 25 employees. |
2-28-2020 |