Opinion letters database

Plan maintained by governmental instrumentality is a government plan and thus excluded from Title IV coverage.

A plan maintained by a clinical psychologist whose company provides marital and family counseling is a professional service employer plan and therefore excluded from PBGC coverage.

Because the employer's principal business is installing cathodic protection systems rather than preforming professional services, it is not a professional service employer under section 4021(c)(2).

“Licensed” or “registered” engineers are “public” engineers under ERISA 4021(c)(2)(B).

Services provided by analytical chemist owners qualify employer as a professional services employer.

Professional service employer plans, substantial owners plans, and individual account plans/defined contribution plans are not covered.

Plan is subject to the termination insurance provisions of Title IV and is not excluded from coverage under ERISA § 4021(b)(13) as a plan maintained by a professional service employer.

Because over 50 percent of the Business's gross sales are derived from the sale of prescription drugs, and 51 percent of the Business's stock is owned by a licensed pharmacist, the exclusion from coverage for professional service employers under § 4021(b)(13) applies.

Because the principal business of each corporation whose employees are covered by the Plan is vending prescription drugs, and the stock of each corporation is owned by pharmacists or corporations owned by pharmacists, the exclusion from coverage for professional service employers under § 4021(b)(13) applies.

The plan in question was determined to be a political subdivision within the meaning of Title IV and therefore excluded from Title IV coverage.

A non-profit public corporation established by a local government, and that local government appoints the members of the Board of Trustees is a governmental plan and is therefore excluded from Title IV coverage.

A particular retirement arrangement is not covered under Title IV because it is not tax qualified.

River pilots are not professional individuals for purposes of the professional service employer exclusion and are therefore covered by Title IV.

Foresters are not professional individuals for purposes of the professional service employer plan exclusion and are therefore covered under Title IV.

Providers of advertising and public relations services are not professional individuals for purposes of the professional service employer plan exclusion and are therefore covered under Title IV.

Real estate brokers are not professional individuals for purposes of the professional service employer plan exclusion and are therefore covered under Title IV.

Artist-designers are not professional individuals for purposes of the professional service employer plan exclusion and are therefore covered under Title IV.

Opticians are not professional individuals for purposes of professional service employer plan exclusion.

Determined that a plan with actuarially equivalent monthly benefit is guaranteed under Title IV.

A plan whose trust is maintained in Guam is not covered. But if a Guamanian employer maintains a trust in the United States, the plan would be covered.

Professional service employer plan excluded from Title IV coverage.

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

Unfunded plans are not tax qualified and are not covered plans.

PBGC requests data so it can make a precise determination of the amount of insured benefits provided by Plan and thus a determination of whether the Plan has sufficient assets to provide those benefits. If Plan proves insufficient, § 4062(b) imposes a liability upon Employer, and Employer cannot avail itself of contingent liability insurance because Plan terminated prior to 09/02/1979.

PBGC answered several questions on the application of pre-MPPAA withdrawal rules.

Withdrawn: Obsolete. No longer applicable since the passage of MPPAA in 1980.  (02/12/2026)