Opinion letters database

Transfer of plan assets to another plan does not require PBGC approval, but it is a reportable event requiring notification.

Withdrawn: Superseded by regulation.  (02/12/2026)

Types of benefits guaranteed.

Withdrawn: This letter must be rescinded because its statement “Death benefits for surviving beneficiaries of a participant who died before retirement but after the Plan terminates would not be guaranteed by the PBGC” is contrary to ERISA section 4022(e) (requiring PBGC to treat as nonforfeitable QPSA benefits where the participant dies after DOPT). (02/12/2026)

Whether a union in its capacity as an employer may be liable upon termination of a plan.

Withdrawn: Obsolete. No longer applicable since the passage of MPPAA in 1980.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

Types of benefits guaranteed.

Withdrawn: The opinion letter guidance that PBGC would recognize an employee waiver of benefits, is not consistent with current law. (02/12/2026)

PBGC explained how to compute the participant drop reportable event for drops partially before ERISA was enacted.

Withdrawn: No longer relevant given the passage of time.  (02/12/2026)

Retroactive application of provisions of ERISA and the Code.

Withdrawn: Obsolete. No longer applicable since the passage of MPPAA in 1980.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

Transfer of plan assets to another plans is a reportable event.

Withdrawn: Superseded by regulation. ERISA Section 4043.32 Transfer of benefit liabilities -see definition  (02/12/2026)

PBGC explained how to report a merger reportable event.

Withdrawn: Superseded by regulation. ERISA Section 4043.28 Plan merger, consolidation or transfer - Notice is waived for this event in its entirety  (02/12/2026)

Whether reportable events have occurred in specific situations.

Withdrawn: Superseded by regulation. ERISA Section 4043.23 – Active Participant Reduction – see definition.  Refers to ERISA Section 4043.24 Termination or particle Termination – event is waived in its entirety. Refers to the old rules for 4062(e).  (02/12/2026)

A reduction in benefits is not considered a plan termination but is a reportable event.

Withdrawn: Superseded by regulation. ERISA Section 4043.22 Amendment Decreasing Benefits Payable – Notice is waived for this event in its entirety  (02/12/2026)

Contingent liability insurance program.

Withdrawn: Obsolete. No longer applicable since the passage of MPPAA in 1980.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

Discusses that change of insurance carrier is not a termination nor a reportable event

Withdrawn: Superseded by regulation. Refers to ERISA Section 4043.24 Termination or particle Termination – event is waived in its entirety.    (02/12/2026)

A reportable event takes place with the merger of a single employer plan into a multiemployer plan.

Withdrawn: Superseded by regulation.  ERISA Section 4043.28 Plan merger, consolidation or transfer - Notice is waived for this event in its entirety  (02/12/2026)

Advises that the form of indemnity bond required under 4063(c)(1) for substantial employer withdrawals from multiemployer plans had not yet been approved, and that regulations would be issued once approval was obtained.

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

Whether ERISA creates a contingent liability to assure adequate funding of a pension program.

Withdrawn: A contingent liability program was never created. The statutory provision was repealed in 1980, and the description of employer liability is out-of-date because PBGC’s employer liability claim after SEPPAA is for all unfunded plan benefits, not just benefits guaranteed by PBGC. (02/12/2026)

PBGC was asked whether former employes w/o vested benefits are considered participants.

Withdrawn: Superseded by regulation and premium filing instructions.   (02/12/2026)

Initial premiums are due 30 days after date of establishing the plan.

Withdrawn: Superseded by regulation.  (02/12/2026)

PBGC is limited in how much penalties and interest it may waive for late premiums.

Withdrawn: Outdated and no longer applicable. (02/12/2026)

The plan administrator pays premiums.

Withdrawn: Superseded by amendment to statute.  (02/12/2026)

Premium due dates.

Withdrawn: Superseded by regulation and premium filing instructions.   (02/12/2026)