Opinion letters from PBGC’s Office of the General Counsel explain how the agency would apply Title IV of ERISA and regulations thereunder to a certain set of facts. PBGC opinion letters are stored in a database that contains all opinion letters issued by OGC since the establishment of PBGC in 1974.
You can search the database below by keyword, and filter to show only opinion letters currently in effect, or to include withdrawn letters.
| Title | Issue Date | Topics | Summary |
|---|---|---|---|
| Opinion Letter 75-115 (Withdrawn) | Termination, Reportable event |
Discusses that change of insurance carrier is not a termination nor a reportable event Withdrawn: Superseded by regulation.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) |
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| Opinion Letter 75-007 (Withdrawn) | Reportable event, Mergers and transfers |
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 Withdrawn: Superseded by regulation.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) |
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| Opinion Letter 75-029b (Withdrawn) | Liability of substantial employer | Advises that the form of indemnity bond required under 4063(c)(1) for substantial employer withdrawals from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 Withdrawn: Obsolete. No longer applicable since the passage of MPPAA in 1980.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) |
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| Opinion Letter 74-032 (Withdrawn) | Allocation of assets | Whether ERISA creates a contingent liability to assure adequate funding of a pension program. Withdrawn: A contingent liability program was never created. The statutory provision was repealed in 1980, and the description of employer liability is out-of-date because PBGC’s employer liability claim after SEPPAA is for all unfunded plan benefits, not just benefits guaranteed by PBGC.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) |
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| Opinion Letter 74-007 (Withdrawn) | Premiums | PBGC was asked whether former employes w/o vested benefits are considered participants. Withdrawn: Superseded by regulation and premium filing instructions. (02/12/2026) |
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| Opinion Letter 74-011 (Withdrawn) | Premiums | Initial premiums are due 30 days after date of establishing the plan. Withdrawn: Superseded by regulation. (02/12/2026) |
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| Opinion Letter 74-013 (Withdrawn) | Premiums | PBGC is limited in how much penalties and interest it may waive for late premiums. Withdrawn: Outdated and no longer applicable. (02/12/2026) |
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| Opinion Letter 74-009 (Withdrawn) | Premiums | The plan administrator pays premiums. Withdrawn: Superseded by amendment to statute. (02/12/2026) |
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| Opinion Letter 74-004 (Withdrawn) | Premiums | Premium due dates. Withdrawn: Superseded by regulation and premium filing instructions. (02/12/2026) |