Opinion letters database

Effect of a multiemployer pension plan's notice to withdrawing employer of estimated withdrawal liability based on estimate of amount of plan
assets, followed by a notice of actual withdrawal liability based on a subsequently determined actual amount of plan assets depends on validity of first notice and effective assessment of withdrawal liability computed pursuant to § 4213(b) not just an informational communication akin to that contemplated by § 4221(e).

Calculating withdrawal liability for a complete or partial withdrawal where several members of a controlled group of corporations have an obligation to contribute to the same multi pension plan and the controlled group members are sold or liquidated in a series of transactions.

Plan's inability to complete a final distribution of assets under § 4041A(c)(2) and (f)(1) because of inability to locate certain Plan participants and beneficiaries and actions required by Plan in making reasonable effort to locate all participants, purchase annuities for missing participants or beneficiaries with accrued benefits, and temporarily rolling over undistributed missing participant assets.

Employer can raise additional issues in arbitration even if not raised in the initial request for review by the plan sponsor under § 4219(b)(2).

Adoption of terms and conditions for the satisfaction of an employer's withdrawal liability in accordance with ERISA §§ 4219(c)(7) and 4224.

Interest rates that must be used to value benefits that are to be distributed in a lump sum following a standard termination

Sponsors of certain plans where annuities are purchased from insurance companies have no liability under Title IV for those transferred benefits.

Purchaser of covered operations sold in compliance with ERISA § 4204 assumes the contribution history of the seller with respect to those operations for the year of the sale and four preceding years.

Annuities purchased from insurance companies by plan administrators to satisfy benefits to participants and beneficiaries are not guaranteed by PBGC.

Determination of coverage for substantial owner plan.

Payment of lump sum in satisfaction of statutorily guaranteed benefits where present value of participant's benefit is $3,500 or less.

Interest rate change following termination by mass withdrawal. Whether a plan amendment increasing benefits was adopted more than 60 months before plan termination.

Pension annuities purchased from insurance companies are not guaranteed by PBGC.

Assessment, calculation and collection of withdrawal liability.

Buyer in a sale qualifying under section 4204 that re-sells the purchased operation before the expiration of the 5-plan-year period.

Plan is covered under Title IV because it meets the requirements of the Internal Revenue Code and is ineligible for the professional service employer exclusion.

Plan sponsored by American Indian tribe is covered under Title IV.

Whether a multiemployer's assessment of withdrawal liability pursuant to a contractual agreement with a contributing employer, without regard to whether plan has UVB, would be prohibited under ERISA.

PBGC suspending processing of termination of a plan and trust.

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

Calculation of reallocation liability in mass withdrawal and whether to include value of QPSA depends on whether it is a forfeitable benefit.

Determination of reallocation liability.

An appropriately structured reciprocity agreement does not in and of itself create in any employer an obligation to contribute to any transferee plan.

Complaint too late for PBGC to suspend termination. Reversion of surplus or excess assets not subject to distribution of assets rule.

PBGC's recognition of NLRB make-whole orders on PBGC's guarantee of pension benefits of affected employees.