Guidance documents database

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.

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.

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.

Addresses the special rules governing a transfer between multiemployer plans where an employer withdraws from a plan because the union bargaining with that employer has been changed as a result of the certification of a different union.

Addresses whether a contributing employer to a multiemployer plan withdraws by subcontracting out its work to another contributing employer such that contributions are unaffected.

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

Discusses considerations PBGC would apply in determining whether parent-subsidiary group created a single plan or multiple separate plans managed under a single trust.

A plan with a participant who is the sole stockholder meets the Substantial Owner exemption from plan coverage under Title IV.

Discusses successor plan requirements.

Discusses the calculation of partial withdrawal liability following a 70 percent decline in contributions.

Plan does not meet Title IV coverage exemption since activities covered by the plan were off-reservation commercial activities carried on for profit.

Title IV does not cover deposits made into a Keogh Trust.