Opinion letters database

A particular fund is not a single pension plan but an aggregate of separate plans.

A successor plan’s tax-qualified status cannot be attributed to another, non-qualified plan, and the phase-in of PBGC’s guarantee begins only when the plan is covered.

Request for coverage determination and PBGC determination that cash balance plan is covered.

A plan funded entirely by participants’ contributions is exempt from coverage.

PBGC waived liability for an employer withdrawal because of a satisfactory indemnity agreement.

Withdrawn: Obsolete. No longer applicable since the passage of MPPAA in 1980.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

The plan of a private transit system will become excluded from coverage after the operating assets are acquired by a political subdivision.

Section 1341, which requires notice to PBGC of plan termination, does not apply to plans that are not covered under Title IV, like individual account plans.

Individual account plans are exempt from coverage. The described plan is a defined benefit plan.

Title IV overage applies to fully insured plans.

PBGC determined that the pension fund functioned as a single plan, not separate plans, based on its governing documents and how assets were managed collectively for all participants. Because of this, one employer’s withdrawal did not trigger a plan termination. Both plan terms and actual operations showed assets were pooled and used to pay benefits across all participating employers.

Physician-owned company is a professional service employer plan. The plan is exempt from coverage under Title IV because it is maintained by a professional service employer and at no time had more than 25 active participants.

PBGC guarantees payment of benefits to employees upon plan termination, not upon their employer's withdrawal from multiemployer plan. Also, PBGC does not guarantee benefits of plans that are not tax qualified.

A plan maintained by an employer whose principal business is providing actuarial services and that is owned or controlled by an actuary is a professional service employer plan and is not covered.

Individual account plans/defined contribution plan are not covered.

ERISA guarantees the benefits of non-citizen participants in covered plans, and they must be counted for premium purposes.

Where proposed language in CBA will not affect Title IV coverage, it will not prevent PBGC claim for employer liability.

Plan is not covered by § 4021, and only plans covered by § 4021 may be subject to trusteeships grounded in the provisions of § 4041 or 4042.

Whether a Puerto Rico plan without an IRS determination letter meets the tax qualification requirement in practice to be a covered plan. PBGC requested additional information but also indicated it would not pay interest on any potential premium refunds.

PBGC does not have sufficient information to conclude that sponsor is a professional service employer.

Question concerning whether a seller and a purchaser can retroactively bring a sale of assets within the coverage of § 4204 by posting a bond or amending sales contract. The opinion states that it is a plan's responsibility to determine whether a withdrawal has occurred, including whether conditions of § 4204 have been met.

PBGC had not yet developed regulations to allocate liability under 4064.

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

Substantial owner plans are not covered; even where a plan is covered, PBGC does not have authority to prevent plan amendments.

This letter determined that a tribal plan is a governmental plan and therefore excluded from Title IV coverage.

Partial termination is not an insurable event.

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

Explanation of congressional intent and legislative history of employer liability in response to letter from constituent objecting to its imposition.