Opinion letters database

This letter addresses a question as to whether PBGC guarantees extend to a plan established by a Guam corporation or proprietorship for employees who reside in Guam.

Withdrawn: PBGC does not consider a plan to be covered under Title IV of ERISA where its trust is created or organized outside the U.S. and no §1022(i)(2) election has been made. (04/19/2013)

The described spin-off is a reportable event and sales transaction principles apply to the spin-off and transfer transactions.

Withdrawn: Superseded by regulation.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 Refers to the old rules for 4062(e) and also mentions Opinion Letters 82-29 and 82-30, which have been rescinded (02/12/2026)

A terminating plan may create a special bank account to hold benefits of 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Withdrawn: Superseded by regulation.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)

Payment of premiums for an individual.

Withdrawn: Superseded by regulation.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

PBGC generally won't seek from the seller and other members of a controlled group of corporations with the seller employer liability under § 4062 with respect to a termination of a pension plan by a successor employer after the sale of stock of a subsidiary corporation, if certain conditions are met.

Withdrawn: This letter is no longer informative given the significant changes made to the applicability of 4062(e) as outlined in H.R.83 (2014).  (02/12/2026)

Effect of §§ 4064, 4062,and 4062(e) on a transaction involving
an employer's sale of substantially all of its assets, and the concurrent transfer of its defined benefit pension plans, to an unrelated buyer.

Withdrawn: This letter is no longer informative given the significant changes made to the applicability of 4062(e) as outlined in H.R.83 (2014) (02/12/2026)

A plan administrator must notify PBGC of those reportable events for which the 30 day notice requirement is not waived.

Withdrawn: Superseded by regulation.  Referred to reporting when it was required on the 5500.  5500 no longer requires reporting of reportable events.    (02/12/2026)

The sale by a parent corporation with a division that maintains a pension plan with nonforfeitable benefits which are not funded of $1 million or more of an incorporated subsidiary, irrespective of its relative size, results in a reportable event.

Withdrawn: Superseded by regulation.  ERISA Section 4043.29 Change in controlled group – provides for waivers for de minimis members  (02/12/2026)

PBGC explained criteria for partitioning a multiemployer plan.

Withdrawn: Obsolete. No longer applicable since the passage of MPRA in 2014.  (02/12/2026)

Employees who during a plan year earn credited service but whose compensation falls below the level to qualify for benefits must be counted as participants for purposes of calculating premiums.

Withdrawn: Obsolete. This opinion letter refers to a one-time election.  (02/12/2026)

Premiums were required for participants that earn credited service in a plan year.

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

PBGC lacked sufficient information to answer the question.

Withdrawn: Insufficient information to answer specific question. General discussion superseded by regulation. (02/12/2026)

PBGC declined to waive termination liability.

Withdrawn: Not helpful guidance. The specific facts of this letter might not prove illustrative of likely outcomes.  As a result, this letter has been rescinded. (02/12/2026)

A participant in more than one plan maintained by a controlled group need be counted for premiums only by the plan or plans in which he is currently accruing benefits.

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

PBGC answered several questions on the application of pre-MPPAA withdrawal rules.

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

PBGC answered several questions on the application of pre-MPPAA withdrawal rules.

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

PBGC answered several questions on the application of pre-MPPAA withdrawal rules.

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

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)

PBGC waived part of a plan sponsor’s liability to avoid unreasonable hardship.

Withdrawn: Not helpful guidance. The specific facts of this letter might not prove illustrative of likely outcomes. As a result, this letter has been rescinded. (02/12/2026)

PBGC answered several question on the application of pre-MPPAA multiemployer termination rules.

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

PBGC makes partition terminations on a case-by-case basis.

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

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)

Withdrawing employer must provide PBGC with appropriate security for its share of the Plan’s insufficiency.

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

This letter addresses a question as to whether defined benefit plans established and maintained in Puerto Rico are subject to the provisions of Title IV of ERISA.

Withdrawn: PBGC does not consider a plan to be covered under Title IV of ERISA where its trust is created or organized outside the U.S. and no §1022(i)(2) election has been made. (04/19/2013)

Sale of assets doesn’t in itself constitute a reportable event, but it may result in an active participant reduction.

Withdrawn: Superseded by regulation. ERISA Section 4043.23 – Active Participant Reduction – see examples provided  (02/12/2026)