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Guidance Document 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 |
|---|---|---|---|---|---|
| Frequently asked questions about ERISA 4062(e) | 12-6-2019 | PBGC Web 002 | Substantial cessation of operations | Answers common questions on liability and notice requirements following a substantial cessation of operations. |
2-28-2020 |
| Assessment of Penalties for Failure to Provide Required Information (1995) | 7-18-1995 | 60 FR 36837 | Penalties, Reporting requirements | Describes PBGC’s revised policy on assessing penalties for failing to timely provide required information to PBGC. |
2-28-2020 |
| Premium Penalty Relief - Alternative Premium Funding Target Election Relief | 9-15-2011 | 76 FR 57082 | Premiums | Provides relief from certain premium penalties and in certain situations involving alternative premium funding target elections. |
2-28-2020 |
| American Rescue Plan Act FAQs | 7-16-2024 | PBGC Web | Special financial assistance, Multiemployer | Answers common questions about PBGC’s Special Financial Assistance program. |
7-16-2024 |
| Preguntas Frecuentes sobre la Ley del Plan de Rescate Estadounidense | 7-16-2024 | PBGC Web | Special financial assistance, Multiemployer | 7-16-2024 | |
| 4262 IFR Final Posted | 7-9-2021 | PBGC SFA 21-01 | Special financial assistance, Multiemployer | Sets forth the requirements for special financial assistance applications and related restrictions and conditions pursuant to the American Rescue Plan Act of 2021. |
7-9-2021 |
| SFA Assumptions Guidance - Updated July 11, 2022, Superseded as of January 3, 2023 | 7-11-2022 | PBGC SFA 22-07 | Special financial assistance, Multiemployer | Provides guidelines for changes to certain assumptions that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 |
| 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 |
| 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 |
| PBGC to Expand COVID-19 Relief, Support Economic Recovery | 9-21-2020 | PBGC PR 20-04 | Premiums | Announcement of relief that will generally enable plan sponsors to take advantage of the CARES Act contribution due date extension and still ultimately pay the same variable-rate premium they would have owed had those contributions been made by the regular contribution due date. |
|
| 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 |
| Opinion Letter 76-106 | 9-3-1976 | PBGC Op Let 76-106 | Professional service employer plan, Coverage | Physician-secretary is a Professional Service Employer plan exempt from Title IV coverage. |
2-28-2020 |
| Opinion Letter 76-109 | 9-14-1976 | PBGC Op Let 76-109 | Coverage | A trust under a plan must be "created or organized" in the "United States" and be "maintained at all times as a |
2-28-2020 |
| Opinion Letter 75-04 | 3-20-1975 | PBGC Op Let 75-4 | Individual account plan, Coverage | Plan is not an Individual account plan and is not exempt from coverage under Title IV. |
2-28-2020 |
| Opinion Letter 75-55 | 11-10-1975 | PBGC Op Let 75-55 | plan document, Coverage | A plan without a written plan document is not a qualified plan and is excluded from coverage. |
2-28-2020 |
| Opinion Letter 85-05 | 1-30-1985 | PBGC Op Let 85-05 | Construction industry, Multiemployer, Withdrawal Liability | Addresses whether the construction industry exception to withdrawal applies where a contractor terminates its CBA, its employees do not perform any more work for which the contractor was previously required to make contributions, but the contractor subcontracts for the performance of such work. |
2-28-2020 |
| Opinion Letter 85-16 | 6-3-1985 | PBGC Op Let 85-16 | Partial Withdrawal, Multiemployer, Withdrawal Liability | Addresses whether or not an 18-month contribution holiday is a partial withdrawal. |
2-28-2020 |
| Opinion Letter 87-12 | 10-27-1987 | PBGC Op Let 87-12 | Transfer of liability, Multiemployer, Withdrawal Liability | Addresses effects on withdrawal liability of a proposed transfer of benefit liabilities from a multiemployer plan to a single-employer plan. |
2-28-2020 |
| Opinion Letter 83-15 | 7-7-1983 | PBGC Op Let 83-15 | Termination | Look to plan documents to determine plan administrator |
2-28-2020 |
| Opinion Letter 75-32 | 12-31-1975 | PBGC Op Let 75-32 | Plan assets, Allocation of assets | Assets intended to fund insurance company annuities, but which are retained by the plan are subject to allocation procedures. |
2-28-2020 |
| Opinion Letter 80-12 | 6-9-1980 | PBGC Op Let 80-12 | Professional service employer plan, Coverage | Real estate broker is not a professional individual for purposes of the Professional Service Employer plan exemption. |
2-28-2020 |
| Opinion Letter 85-18 | 7-24-1985 | PBGC Op Let 85-18 | Multiemployer, Withdrawal Liability | Corrects opinion letter 85-1 and addresses calculation of withdrawal liability installment payments other than on a quarterly schedule. |
2-28-2020 |
| Opinion Letter 76-57 | 4-26-1976 | PBGC Op Let 76-57 | Coverage | Plan has not met conditions for coverage since ERISA enacted; Title IV doesn’t apply to the termination of the plan. |
2-28-2020 |