Guidance documents database

Plan does not meet the Governmental plan exemption from coverage.

For a plan that is being divided into 18 plans, participants should not be double counted for the purpose of premiums.

Each participant is entitled to a share of the excess plan assets where the plan does not provide for return of excess assets to employer upon plan termination.

Plan does not meet the Governmental plan exemption from coverage.

Addresses whether immediate payment of the outstanding amount of an employer's withdrawal liability can be required if any installment is not paid during the withdrawal liability dispute resolution process and before the arbitrator's final decision. PBGC adopted a rule addressing the issue. (See 29 CFR part 4219, Subpt C.)

Conversion from a covered plan to an individual account plan is a termination.

A plan maintained by a clinical psychologist whose company provides marital and family counseling is a professional service employer plan.

Church plan status is determined by the IRS, must get an IRS ruling on church plan 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.

A proposed plan distribution must be in compliance with § 4044 regardless of whether the IRS has issued a determination letter regarding a plan termination. IRS cannot issue an exception to section 4044.

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

Addresses which of two limitations on withdrawal liability applies—one applicable to a dissolving or liquidating employer, the other applicable to an employer that sold its assets to an unrelated party—when an employer satisfies the prerequisites for both.

PBGC will look to the terms of the plan documents in determining whether a benefit is nonforfeitable.

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.

Participant count is determined as of last day of previous plan year and may not be adjusted for changes that occur during the plan year.

Plan maintained pursuant to a contract with a federal agency is a Governmental plan exempt from Title IV coverage.

Employees cease accruing service credit as of date of plan termination.

A plan maintained by an actuary with the principal business the performance of actuarial services is a professional service employer plan.