Guidance Document Database

Discusses the rules governing plan termination and notes that the employers may owe withdrawal liability.

Addresses whether incorporation of a sole proprietorship constitutes a withdrawal from a multiemployer pension plan where the successor corporation becomes party to the collective bargaining agreement and continues to contribute to the plan on behalf of its employees for the same operations for which contributions were previously contributed by the sole proprietor.

Licensed clinical laboratory bio-analyst is a professional individual for purposes of the Professional Service Employer plan exemption.

Termination is not subject to the spin-off/termination requirements of the implementation guidelines involving asset reversions since no assets will revert to the plan sponsor.

All affected parties may submit comments to PBGC on a proposed distress termination.

Embalmer and funeral director is not a professional individual for purposes of the Professional Service Employer plan exemption.

Welfare plans are not covered under Title IV.

Addresses the distribution of residual assets to an employer.

A restated plan document created an aggregate of single plans and not a single pension plan, with a valid allocation of assets among those separate plans.

Profit sharing plans are excluded from coverage under Title IV.

Addresses whether a multiemployer plan with only one remaining contributing employer continues to be a multiemployer plan.

A plan that in practice met the criteria for tax qualification for five years prior to its termination date was covered under Title IV at plan termination.

Addresses the bond / escrow requirements of section 4204 of ERISA which, if satisfied along with the other 4204 requirements, mean that a sale of assets by a contributing employer will not constitute a withdrawal from a multiemployer plan.

Plan meets the Governmental plan coverage exemption.

Addresses whether the construction industry exception to withdrawal applies where a contractor's CBA expires, 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.

Physician-secretary is a Professional Service Employer plan exempt from Title IV coverage.

A trust under a plan must be "created or organized" in the "United States" and be "maintained at all times as a

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

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.