Guidance documents database

Individual account plan exemption from coverage.

Provides guidance on the meaning of "employer" with respect to withdrawals from multiemployer pension plans; focuses on the garment industry and in particular, the work done by the contractor and the jobber/manufacturer.

Discusses whether the sale of stock constitutes a withdrawal from a multiemployer plan and whether the sale of assets rule applies.

Plan of an entity chartered by the US Congress does not meet the Governmental plan coverage exemption.

Absence of provision in plan allowing reversion of excess plan assets to the employer means that the requirements for reversion of excess assets to employer not met.

Plan is governed by laws of Virgin Islands. Plan is not a qualified plan and is exempt from coverage under Title IV.

Addresses (1) whether vested ancillary benefits may be included in the calculation of unfunded vested benefits; (2) the meaning of "nonforfeitable benefit"; (3) what actuarial assumptions may be used to calculate unfunded vested benefits.

Addresses the rules governing the transfer of assets from multiemployer plan to single-employer plan; addresses the withdrawal liability consequences of transferring assets to a single employer plan.

PBGC accepted the withdrawal of a plan’s notice of intent to terminate because employers would continue to make contributions pursuant to their collective bargaining agreements and the plan participants would continue to receive credit under the plan for service with contributing employers.

Title IV excludes a defined benefit plan to the extent it is treated as an Individual account plan under 1002(35)(B).

A plan maintained by a union and funded only by contributions from union members is not covered under Title IV

A physician-owned company is a professional service employer plan.

Plan does not meet the Governmental plan coverage exemption.

Addresses the distribution of residual assets to an employer.

Individual account plan is exempt from coverage

Following plan terms, the plan may be charged for reasonable termination-related expenses for which the plan is responsible.

Discusses how pre-MPPAA withdrawals affect the calculation of the annual withdrawal liability payment.

Addresses determining the date of a construction industry employer's withdrawal from a multiemployer plan in the context of a labor dispute.

No plan termination occurred when subsidiaries ended plan participation.

Defined contribution plans are not covered plans under Title IV.

Company owners are physicians and company provides medical services. Plan is exempt as a Professional Servicer Employer plan.

Original plan is a Title IV covered plan. Successor plan is also a Title IV covered plan. Successor plan does not qualify as an exempt plan under the Professional Service plan exemption even though successor plan has fewer than 25 employees.

Plan meets the Substantial Owner plan coverage exemption.

A plan maintained by a public agency or political subdivision which has been taken over from a private business is excluded from coverage.

Addresses whether a reciprocity agreement operates to impose on certain employers and defined contribution pension plans the minimum contribution requirements or the withdrawal liability provisions of the law.