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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 |
|---|---|---|---|---|---|
| Opinion Letter 77-149 | 7-6-1977 | PBGC Op Let 77-149 | Coverage | Plan covered by Railroad Retirement Act financed by contributions required under the Act is not covered by title IV. |
2-28-2020 |
| Opinion Letter 85-023 | 9-12-1985 | PBGC Op Let 85-23 | Multiemployer, Withdrawal Liability | Provides that a multiemployer plan may not declare an employer to be in default during the statutory 90-day period within which the employer may request review of a withdrawal liability assessment. |
2-28-2020 |
| Opinion Letter 76-118 | 11-8-1976 | PBGC Op Let 76-118 | tax qualification, Coverage | Once a plan is determined to be qualified by IRS, it is qualified for purposes of Title IV until qualification is revoked. |
2-28-2020 |
| Opinion Letter 81-003 | 3-4-1981 | PBGC Op Let 81-3 | Tribal plan, Governmental plan, Coverage | Tribal plan meets the Governmental plan coverage exemption. |
2-28-2020 |
| Opinion Letter 76-069 | 5-19-1976 | PBGC Op Let 76-69 | Benefit guarantee | Terminated, vested benefits are guaranteed when all conditions under the plan necessary to establish entitlement to the benefit at a specified age are satisfied even though participant has yet to attain retirement age on the date of plan termination. |
2-28-2020 |
| Opinion Letter 86-004 | 2-28-1986 | PBGC Op Let 86-04 | Withdrawal, Multiemployer, Withdrawal Liability | Addresses the determination of an employer's withdrawal date when the employer ceases to contribute because of a strike and is covered by the labor dispute exemption until a subsequent plan year when the labor dispute exemption expires. |
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 |
| Disaster Relief | 7-2-2018 | 83 FR 30991 | Disaster relief | PBGC's disaster relief is available when the Internal Revenue Service issues disaster relief for taxpayers that includes filing extensions for the Form 5500 series. Also, for premium filings no late payment interest charges will be assessed for the disaster relief period. |
2-28-2020 |
| Requests to Review Multiemployer Plan Alternative Terms and Conditions to Satisfy Withdrawal Liability | 4-4-2018 | 83 FR 14524 | Multiemployer, Withdrawal Liability | Reviews information that PBGC finds helpful and factors that PBGC considers in reviewing multiemployer plan proposals for alternative terms and conditions to satisfy withdrawal liability. |
2-28-2020 |
| Use of Alternative Dispute Resolution | 4-12-1999 | 64 FR 17696 | Mediation, Arbitration | Provides that PBGC will use, where appropriate, alternative dispute resolution. |
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 |
| 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 |
| Risk Mitigation and Early Warning Program | 12-6-2019 | PBGC Web 004 | Early Warning, Risk Mitigation | Provides information about PBGC’s review of corporate transactions or events that may pose an increased risk to single-employer pension 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 |
| 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 |