Guidance documents database

Addresses ambiguities and how PBGC will resolve them in the application of the phase-in of guaranteed benefits.

Plan is a pay as you go plan. Plan is not tax qualified and thus is not covered under Title IV.

Once irrevocable commitments are purchased, PBGC no longer guarantees the benefits.

Addresses the contribution periods used in calculating an employer’s allocable share of a multiemployer plan’s unfunded vested benefits for the last plan year ending before April 29, 1980.

Addresses the bond requirement under section 4204 in the event the seller liquidates or distributes its assets subsequent to the sale.

Addresses whether a partial withdrawal occurs when an employer that operates two terminals in a metropolitan area, each under a separate collective bargaining agreement requiring contributions to the same multiemployer plan, closes one terminal but continues to perform the work of the closed terminal through the remaining terminal and other outlying terminals.

Addresses the proper method for determining withdrawal liability when the liable employer is a group of trades or businesses under common control within the meaning of section 4001.

Employer providing consulting services in bio-mechanics, forensic physics, traffic reconstruction, injury analysis, and automotive and traffic safety is a Professional Services Employer and is exempt under Title IV.

Addresses the definition of employer in the context of building cleaners at an office building.

Amendment of a plan from a defined benefit plans to an individual account plan results in the plan’s termination.

Addresses calculation of withdrawal liability for a "joint employer” that is no longer required to contribute.

Plan must be communicated to eligible participants to be tax qualified and a Title IV covered plan.

Plan administrator must allocate assets to participant receiving early retirement benefits and may not allocate assets to participants whose benefit claims had been fully satisfied prior to termination of plan.

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.

When a defined benefit multiemployer plan merges into a defined contribution annuity plan, the multiemployer plan terminates; addresses the rules and procedures governing distribution of the assets of a terminated multiemployer plan.

Considers the timing of the bond/escrow requirement in a sale of assets and requests that PBGC grant a waiver of the bond/escrow and contract language requirements.

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

Addresses whether a seller and purchaser can retroactively bring a sale of assets within the coverage of the law by posting an appropriate bond and by amending the sales contract.

Addresses the definition of withdrawal for a construction industry employer.