Opinion letters database

PBGC has not yet established its contingent liability insurance program.

Withdrawn: Obsolete. No longer applicable since the passage of MPPAA in 1980.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

Plan administrator was required to perform allocation of assets. PBGC requested information to compute liability to the corporation.

Withdrawn: The guidance is out-of-date as PBGC trustees all plans in underfunded SE terminations and performs all section 4044 allocations. Also, its discussion on termination liability is outdated because, since 1986, PBGC’s employer liability claim covers all unfunded plan benefits, not just those benefits guaranteed by PBGC. (02/12/2026)

Participant reduction reportable event occurred based on facts provided.

Withdrawn: Superseded by regulation.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

The reduction in the number of plan participants is a reportable event.

Withdrawn: Superseded by regulation.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

Elimination of a death benefit 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Withdrawn: Superseded by regulation.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)

Distribution of annuity contracts.

Withdrawn: This opinion letter is outdated. The procedures for a sufficient plan were amended and codified in the 1986 SEPPAA legislation and are in current PBGC standard termination regulations. (02/12/2026)

Applicability of title IV to plan terminations occurring between July 1, 1974 and September 2, 1974.

Withdrawn: Obsolete. No longer applicable since the passage of MPPAA in 1980.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

Sale of divisions resulting in more than 20% reduction in number of plan participants is a reportable event.

Withdrawn: Superseded by regulation.  ERISA Section 4043.23 – Active Participant Reduction and 4062(e) – see definitions  (02/12/2026)

Whether an annuitant is a plan participant.

Withdrawn: Superseded by regulation and premium filing instructions.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

Change in funding method does not constitute a 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Withdrawn: Superseded by regulation.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)

Closing plant covering 6% of the employees in the plan is not a reportable event. Failure to pay benefits when due would be a reportable event.

Withdrawn: Superseded by regulation.  ERISA Section 4043.23 – Active Participant Reduction and 4043.26 Inability to Pay Benefits When Due – see definitions  (02/12/2026)

Plan merger constitutes a 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)

PBGC approval is not needed to merge a single employer plan into a multiemployer plan, but such a transaction would be a 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)

Partial termination is not an insurable event.

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

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)