Opinion letters database

Successor plan subject to Title IV coverage because predecessor plan was covered.

Defined benefit plans maintained in Canada for employees who work and reside there, all of whom are nonresident aliens, are excluded from coverage under 4021(b)(7), even though the employer is a division of a U.S. corporation.

Date of employer's withdrawal from a multi in the construction industry; clarification of 86-4.

Assessment of partial withdrawal liability

When an employer withdraws because of a change in collective bargaining representative, only benefit liabilities for active participants must be transferred.

Powers of trustees of a multiemployer pension plan concerning redetermination of Withdrawal Liability upon Mass Withdrawal

PBGC's review and approval of plan amendments

Section 4225(a) applies only when the withdrawal is attributable to a sale of assets, not when the sale and withdrawal are merely incidental.

Purchaser's liability is determination under the plan's duly adopted allocation method.

In merger transaction between two multiemployer plans, is there a reportable event, is notice required, and is a change in collective bargaining representative a certified change triggering an obligation under § 4235 to transfer assets.

Withdrawal liability in context of transfer of benefit liabilities from a multiemployer plan to a single-employer plan.

Benefits to which plan administrator of a terminated single-employer DB plan must allocate before any residual assets may be distributed to an employer under 4044(d) do not include benefits that might have accrued in the future if the plan had not terminated.

PBGC agrees to suspend processing of the termination of the plan.

Whether a complete or partial withdrawal occurs when one employer contracts out work to another employer.

Withdrawal from a construction industry pension plan.

Due process rights announced by Supreme Court do not apply to PBGC termination proceedings.

A request to PBGC concerning whether a particular termination violates the terms of a CBA should be decided in accordance with labor-management relations law; PBGC would need to receive either a complete standard termination notice or a notice of proposed distress termination (single-employer plan issue).

Treatment as a separate facility under § 4217(a)(2), in context of sale and subsequent operation of one department of an employer.

Whether under §4204 an employer partially or completely ceases participation in a multiemployer plan by selling its distribution rights to local distribution companies and assigning the purchasers the leases for vehicles used in delivery of seller's products.

Filing a bankruptcy petition does not constitute withdrawal.

Guaranteed benefit limitations under a covered single-employer plan take into account benefits distributed earlier under an annuity contract or other irrevocable commitment.

Adoption of plans would effect an impermissible (de facto) continuation of previously terminated plans for which guaranteed benefits are being paid; PBGC disapproves adoption of proposed plans.

No submission of intent to terminate.

Addresses whether actuarial assumptions should be used to determine UVB and whether the calculation of UVB should take into account vested ancillary benefits and assets attributable to them.

Addresses the application PBGC's regulations, 29 CFR § 2647.8(d), when a withdrawn employer later purchases the assets of a division that contributes to the same plan.