Guidance Document Database

Addresses the definition of the term “assets” for the purpose of the sale-of-assets exception to withdrawal.

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

Discusses the conditions under which a plan administrator would be subject to personal liability to cover unpaid premiums.

A successor plan’s tax-qualified status cannot be attributed to another, non-qualified plan, and the phase-in of PBGC’s guarantee begins only when the plan is covered.

Addresses the definition of the term "building and construction industry" for purposes of the construction industry exception to withdrawal.

Plans found not to be successor plans where there is a clear delineation of separate plans maintained by separate employers with the phase-in of guaranteed benefits beginning at the later of the adoption date or effective date of each plan.

Addresses whether an employer who contributes to a multiemployer plan withdraws from the plan as a consequence of forming a wholly owned subsidiary which assumes all of its obligations to the plan.

Plan meets the Governmental plan coverage exemption.

Implementation Guidelines do not apply to split-up of pension plan, with subsequent termination of one plan and reversion of excess assets.

Plan is not an Individual account. Plan is not exempt from Title IV coverage.

Premiums may be paid from the plan's assets or the employer's assets.

Denies a Notice of Intent to Terminate on the basis that the plan did not intend to provide for annuity purchase for actives, instead spinning them off into a new plan.

Addresses the definition of the term "building and construction industry" for purposes of the construction industry exception to withdrawal.

Addresses ambiguities and how PBGC will resolve them in the application of the phase-in of guaranteed benefits.

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.