Guidance Document Database

River pilot is not a professional individual for purposes of the Professional Service Employer exemption.

Whether the language in a plan document providing for the reversion of residual assets to the employer complies with the law.

Plan that is tax-qualified under IRC 401(a) is covered by Title IV.

Plan does not meet the Governmental plan exemption from coverage.

Plan is not an individual account plan. Plan is not be exempt from Title IV coverage.

Pending regulations, plans have the ability to adopt reasonable rules to abate an employer’s withdrawal liability.

For PBGC to suspend a plan termination, PBGC must be advised timely and in writing that a formal challenge has been initiated asserting that the termination violates an existing collective bargaining agreement.

Addresses whether interest rate changes subsequent to the mass withdrawal valuation date may be considered in determining the reallocation liability upon a mass withdrawal. It also addresses the burden of proof a multiemployer plan must satisfy to show an amendment increasing benefits was adopted earlier than the formal date of adoption which would make payment of the benefit increase covered by the PBGC guarantee.

Plan of municipal corporation designated by constitution as political subdivision of state and having taxing power is a Governmental plan exempt under ERISA 4021(b)(2).

Addresses whether certain corporate transactions would trigger withdrawals and discusses whether these corporate transactions may be disregarded under the evade or avoid provision of the law.

For a chain of food stores, a single store is ordinarily a “facility” for purposes of section 4217 of ERISA.

Pharmacist is a professional individual for purposes of the Professional Service Employer plan exemption.

Canadian participants are covered.

Addresses the ability of an employer challenging its withdrawal liability assessment, to raise additional issues for review by the multiemployer plan, or in arbitration, after making its initial submission.

Tax qualified defined benefit plans are generally covered under Title IV.

PBGC deducts an annuity purchase when calculating a participant’s maximum guaranteed benefit.

Addresses issues concerning the merger of a multiemployer defined benefit plan with a defined contribution plan.

Addresses whether officers or shareholders may be held liable for a corporation’s withdrawal liability.

PBGC guaranteed benefits are not impacted by funding difficulties, and an employer is liable to PBGFC to the extent guaranteed benefits exceed plan assets

PBGC, once it is appointed statutory trustee of a terminated plan, pays lump sums to participants entitled to small benefits.

Addresses the legal effect of PBGC approval of a multiemployer plan amendment.

A plan where participants are eligible for benefits as calculated from time to time by an actuary is a defined benefit plan providing basic benefits.

PBGC is precluded from guaranteeing expanded benefits to which participants would become entitled to (become nonforfeitable) upon the plan’s termination.

Employer is an association of medical doctors, principal business is administrative in nature. Plan does not meet the Professional Service Employer plan exemption.

Review of rules governing plan administration after mass withdrawal; modification of withdrawal liability payment schedules; and recharacterization of contributions as withdrawal liability payments.