Guidance documents database

Individual account plan is exempt from coverage under Title IV.

Plan meets the Governmental plan coverage exemption.

Addresses the Professional Service Employer plan and Substantial Owner plan coverage exemptions.

Addresses whether an employer that has withdrawn from a multiemployer plan may be relieved of withdrawal liability by a subsequent sale of assets.

A plan year is the fiscal year on which the records of a plan are kept.

PBGC has no legal authority to terminate and then restore a pension plan in order to implement more lenient funding requirements for the successor plan.

How to determine eligibility for a “Category 3 Benefit,” which is a benefit of a participant who retired, or could have retired, 3 years or more before the plan terminated.

Standard termination of plans and establishment of new plans that do not include past service credits will not cause PBGC to reject a proper notice of intent to terminate.

Discusses how the five-year phase-in rule impacts guarantee of certain recent benefit increases and that certain early retirement supplements are not guaranteed.

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

Plans maintained by instrumentalities of the Federal government are exempt from coverage under the Governmental plan coverage exemption.

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.