Opinion letters database

PBGC indicated that when a plan is established in which several employers contribute, the plan sponsor is the association, committee, joint board of trustees, or other similar group of representatives who establish the plan.

Described plan is a professional service employer plan exempt from coverage.

Defined benefit plans that meet the requirements of section 4021(a) are covered. Professional service employer plans and individual account plans are not covered.

There is no stated exclusion from coverage for plans funded through insurance or annuity policies. A benefit that is the product of a “separate account” under section 3(17) is not covered.

Canadian participants of a pension plan should be counted when computing PBGC premiums where company is based in US with a foreign sales office.

Individual account plan is exempt from coverage.

Tax qualified defined benefit plans are generally covered.

Tax qualified defined benefit plans are generally covered.

The described plan established and maintained outside of the United States is exempt from coverage.

A plan administrator may pay premiums from either plan assets or employer funds.

Individual account plan is exempt from coverage.

PBGC provides the definition of plan administrator and discusses the required initial dates for payment of premiums.

A plan’s status as a church plan is determined by the Internal Revenue Service.

A plan maintained by an employer providing veterinary services that is owned or controlled by licensed veterinarians is a professional service employer plan exempt from coverage.

Missing participants in connection with termination of pension plan.

Withdrawn: Superseded by regulation. This letter is for a plan that terminated before 1994, which is when ERISA was amended to provide that PBGC establish a missing participants program. (02/12/2026)

Methods for making a distribution for missing participants.

Withdrawn: Superseded by regulation. This letter is for a plan that terminated before 1994, which is when ERISA was amended to provide that PBGC establish a missing participants program. (02/12/2026)

A plan that is at the full funding limitation is exempt from the variable rate premium

Withdrawn: No longer relevant. Law has changed on this issue. (02/12/2026)

Sole topic is payment of QPSAs in terminated multiemployer plans under outdated law.

Withdrawn: Superseded by statute. (03/16/2026)

Missing participants in connection with termination of pension plan.
Premiums are required in a plan year for employees who are participants in a plan, event though they are neither accruing benefits nor entitled to service credits for accrual purpose because their compensation is below the minimum compensation level in an excess plan.

Withdrawn: Superseded by regulation. This letter is for a plan that terminated before 1994, which is when ERISA was amended to provide that PBGC establish a missing participants program.  (02/12/2026)

Liability of floor offset plan to pay PBGC premium for participant. Based on old definition of participant but logic and result would be the same.

Withdrawn: Superseded by regulation. (03/16/2026)

Premiums are required in a plan year for employees who are participants in a plan, event though they are neither accruing benefits nor entitled to service credits for accrual purpose because their compensation is below the minimum compensation level in an excess plan.

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

PBGC opinion letters not binding on public or courts but entitled to deference.

Withdrawn: Rescind. Contrary to the Supreme Court’s Loper Bright decision. (02/12/2026)

PBGC determined that benefits were not payable to participants still working at the business.

Withdrawn: PBGC discontinued its working-retirement restrictions in 2021, when PBGC concluded that the best reading of Title IV and PBGC’s regulations was that PBGC should not restrict participants who remain employed by the former plan sponsor after DOPT from commencing the PBGC benefits to which they are entitled. (02/12/2026)

PBGC opined on what reportable events are triggered by a spinoff and referred to Opinion letter 85-5.

Withdrawn: Superseded by regulation. ERISA Section 4043.29 Change in controlled group – see definition. Refers to the old rules for 4062(e) and also mentions Opinion Letters 82-29 and 82-30, which have been rescinded. (02/12/2026)

Employees that are eligible for retirement but continue to work for a new employer after a company purchases it are not treated as retirees.

Withdrawn: PBGC discontinued its working-retirement restrictions in 2021, when PBGC concluded that the best reading of Title IV and PBGC’s regulations was that PBGC should not restrict participants who remain employed by the former plan sponsor after DOPT from commencing the PBGC benefits to which they are entitled. (06/01/2021)