Guidance documents database

A plan without a written plan document is not a qualified plan and is excluded from coverage.

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.

Addresses whether or not an 18-month contribution holiday is a partial withdrawal.

Addresses effects on withdrawal liability of a proposed transfer of benefit liabilities from a multiemployer plan to a single-employer plan.

Look to plan documents to determine plan administrator

Assets intended to fund insurance company annuities, but which are retained by the plan are subject to allocation procedures.

Real estate broker is not a professional individual for purposes of the Professional Service Employer plan exemption.

Corrects opinion letter 85-1 and addresses calculation of withdrawal liability installment payments other than on a quarterly schedule.

Plan has not met conditions for coverage since ERISA enacted; Title IV doesn’t apply to the termination of the plan.

“Licensed” or “registered” engineers are “public” engineers under ERISA 4021(c)(2)(B) and the plan is exempt under the Professional Service Employer plan exemption.

Addresses applicability to construction industry employers of the sale-of-assets limitation on withdrawal liability.

Whether the method of distribution proposed for a plan is acceptable when the plan administrator is terminating its DB plan and creating a DC plan.

Reaffirms PBGC’s prior review of its determination that a severance benefit provided by the plan is not a guaranteed benefit because it is not a benefit that is payable as an annuity or one or more payments related thereto.

To be excluded from coverage, all employees covered by the plan must be public employees and the political subdivision must be the plan sponsor.

Plan meets the Governmental plan coverage exemption.

Allocation of assets of terminating plan otherwise than in accordance with section 4044 is not allowed. Transfer of asset to a defined contribution plan requires that all participants be offered option for immediate receipt of their benefits.

PBGC did not guarantee benefits for a terminated plan, the termination of which was done in concert with the establishment of new retirement arrangements designed to provide substantially the same benefits.

Addresses whether an employer may contractually modify its statutory withdrawal liability obligation to a multiemployer plan by assuming "additional liability", and the limitations of such a modification.

Discusses benefit guaranty and its limits for a retiree receiving monthly benefits from an ongoing plan.

Addresses the transfer of surplus assets to another trust after plan termination.

Forester is not a professional individual for purposes of the Professional Service Employer plan exemption.

The only participant entitled to be credited with service or receive a benefit under the plan has continuously fallen within the definition of a "substantial owner.”

Whether the facts of a plan’s intended termination provide that PBGC should restore the plan to its pre-termination date status.

Discusses the definition of “employer” in the context of withdrawal liability and how it applies to a group of trades or businesses under common control; addresses the rules governing partial withdrawals.

Individual account plan is exempt from coverage.