Guidance documents database

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.

Addresses whether a withdrawal liability overpayment must be refunded by a multiemployer plan sponsor to an employer where the plan sponsor subsequently discovers the underlying calculation error and the employer had failed to initiate the plan review and arbitration process.

Because benefit increases became effective through collective bargaining agreements (not specific action by the Board of Trustees), PBGC looks to the adoption and effective dates of those agreements to apply the five-year phase-in rule.

Individual account plan is exempt from coverage under Title IV.

Individual account plan exemption from coverage.

Addresses the applicability of the “sale of assets exception: to the construction industry complete withdrawal rules.

Title IV does not cover Individual account plans or welfare plans.

Addresses the calculation of partial withdrawal liability and why the allocation fraction uses a ratio of contribution base units as opposed to contributions.

Addresses the meaning of “total amount contributed” for the purpose of the denominators in PBGC’s interim regulation on withdrawal liability alternative allocation methods.

Surveying and engineering design consultant is a professional individual for purposes of the Professional Service Employer plan coverage exemption.

Under presumptive method, if a plan is fully funded because the value of plan assets never falls below liabilities, the plan would record a zero change in the value of unfunded vested benefits despite fluctuations in unfunded vested benefits.

Addresses the relevance of events occurring after a plan’s reallocation record date on the reallocation liability calculation.

Plans that are tax-qualified under IRC 401(a) are covered by Title IV. Plans funded by flexible annuity policies may or may not be designed to achieve a defined benefit objective.

Addresses calculation of partial withdrawal credit using the "modified presumptive method" where contributions are averaged over a 10-year period.

A PBGC premium must be paid for a participant in a plan even though no contributions for that participant to the plan are required because of a floor offset arrangement.

Participation in a plan maintained by more than one employer, some of which are not governmental entities, precludes the application of the Governmental plan exemption.

Conditions under which PBGC would allow a company to restore its pension plan after filing a notice to terminate.

Addresses how to reduce withdrawal liability for liability already assessed for a previous partial withdrawal. PBGC subsequently adopted a rule addressing the issue. (See 29 CFR part 4206.)

Plan meets the Nonresident Alien plan coverage exemption. All plan participants and records regarding plan located in Hong Kong.

PBGC will not insure annuities purchased by a terminated multiemployer plan and PBGC is not authorized to pay benefits when a non-insolvent multiemployer plan terminates.

Plan meets the Governmental plan coverage exemption.

Plan meets the Church plan coverage exemption.

A plan amendment that preserves a defined benefit does not allow a plan to fit under the individual account exemption from coverage.

Involuntary termination requirements in section 4042(a) do not apply to voluntary terminations under section 4041.

Addresses abatement when a contributing employer withdraws and then acquires a division of a company that contributions to the same plan.