Guidance Document Database
The documents listed below are PBGC’s guidance documents. The contents of these documents do not have the force and effect of law, unless expressly authorized by statute or incorporated into a contract, and are not meant to bind the public in any way. These documents are intended only to provide clarity to the public regarding existing requirements under the law or agency policies.
If you would like to comment on an existing guidance document, please submit your comment, including your contact information, to the General Counsel at GuidanceComments@pbgc.gov or at Regulatory Affairs Division, Pension Benefit Guaranty Corporation, Office of the General Counsel, 445 12th Street, SW, Washington, DC 20024-2101.
Title | Issuance Date | Agency Identifier (indexed field) | Topics | Summary | Posted Date |
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Opinion Letter 89-06 | 8-8-1989 | PBGC Op Let 89-6 | Individual account plan, Coverage | Individual account plan exemption from coverage. |
2-28-2020 |
Opinion Letter 81-19 | 7-1-1981 | PBGC Op Let 81-19 | Withdrawal, Construction industry, sale of assets, Multiemployer | Addresses the applicability of the “sale of assets exception: to the construction industry complete withdrawal rules. |
2-28-2020 |
Opinion Letter 76-07 | 1-14-1976 | PBGC Op Let 76-7 | Individual account plan, Coverage | Title IV does not cover Individual account plans or welfare plans. |
2-28-2020 |
Opinion Letter 85-13 | 5-28-1985 | PBGC Op Let 85-13 | Partial Withdrawal, Multiemployer, Withdrawal Liability | Addresses the calculation of partial withdrawal liability and why the allocation fraction uses a ratio of contribution base units as opposed to contributions. |
2-28-2020 |
Opinion Letter 81-12 | 5-13-1981 | PBGC Op Let 81-12 | Allocation of assets, Multiemployer, Withdrawal Liability | Addresses the meaning of “total amount contributed” for the purpose of the denominators in PBGC’s interim regulation on withdrawal liability alternative allocation methods. |
2-28-2020 |
Opinion Letter 97-02 | 12-29-1997 | PBGC Op Let 97-2 | Professional service employer plan, Coverage | Surveying and engineering design consultant is a professional individual for purposes of the Professional Service Employer plan coverage exemption. |
2-28-2020 |
Requests to Review Multiemployer Plan Alternative Terms and Conditions to Satisfy Withdrawal Liability | 4-4-2018 | 83 FR 14524 | Multiemployer, Withdrawal Liability | Reviews information that PBGC finds helpful and factors that PBGC considers in reviewing multiemployer plan proposals for alternative terms and conditions to satisfy withdrawal liability. |
2-28-2020 |
American Rescue Plan Act FAQs | 7-16-2024 | PBGC Web | Special financial assistance, Multiemployer | Answers common questions about PBGC’s Special Financial Assistance program. |
7-16-2024 |
Preguntas Frecuentes sobre la Ley del Plan de Rescate Estadounidense | 7-16-2024 | PBGC Web | Special financial assistance, Multiemployer | 7-16-2024 | |
PBGC Premium Filings for CSEC Plans for 2019 and 2020 Plan Years | 1-3-2020 | PBGC TU 20-1 | Premiums | Guidance for cooperative and small-employer charity (CSEC) plans on filing premiums for 2019 and 2020 plan years that reflect the premium changes under the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act). |
2-28-2020 |
Disaster Relief | 7-2-2018 | 83 FR 30991 | Disaster relief | PBGC's disaster relief is available when the Internal Revenue Service issues disaster relief for taxpayers that includes filing extensions for the Form 5500 series. Also, for premium filings no late payment interest charges will be assessed for the disaster relief period. |
2-28-2020 |
Use of Alternative Dispute Resolution | 4-12-1999 | 64 FR 17696 | Mediation, Arbitration | Provides that PBGC will use, where appropriate, alternative dispute resolution. |
2-28-2020 |
4262 IFR Final Posted | 7-9-2021 | PBGC SFA 21-01 | Special financial assistance, Multiemployer | Sets forth the requirements for special financial assistance applications and related restrictions and conditions pursuant to the American Rescue Plan Act of 2021. |
7-9-2021 |
SFA Assumptions Guidance - Updated July 11, 2022, Superseded as of January 3, 2023 | 7-11-2022 | PBGC SFA 22-07 | Special financial assistance, Multiemployer | Provides guidelines for changes to certain assumptions that multiemployer plans may use for purposes of determining eligibility for special financial assistance (SFA) and the amount of SFA. |
7-11-2022 |
PBGC to Expand COVID-19 Relief, Support Economic Recovery | 9-21-2020 | PBGC PR 20-04 | Premiums | Announcement of relief that will generally enable plan sponsors to take advantage of the CARES Act contribution due date extension and still ultimately pay the same variable-rate premium they would have owed had those contributions been made by the regular contribution due date. |
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Premium Changes Based on Recharacterization of Contributions | 12-22-2011 | 76 FR 79714 | Recharacterization of contributions, Premiums | Addresses PBGC’s policy on accepting and responding to amended premium filings based on recharacterization of contributions. |
2-28-2020 |
Waiver of Seller’s Bond | 7-1-1981 | PBGC Multiemployer Bulletin, 7/1/1981 | Multiemployer, Bond sales | Provides guidance on the bonding and escrow requirements imposed on employers that sell their assets. |
2-28-2020 |
The Effect of The Deficit Reduction Act on The Withdrawal Liability Provisions of The Multiemployer Act | 3-6-1985 | PBGC Multiemployer Bulletin, 3/6/1985 | Multiemployer, Withdrawal Liability | Clarifies that any multiemployer plan that is not amended to adopt a non-presumptive allocation method is required to allocate unfunded vested benefits using the presumptive method. |
2-28-2020 |
Assessment of Penalties for Failure to Provide Premium-related Information (1996) | 12-17-1996 | 61 FR 66338 | Premiums, Penalties | Describes the penalty for failing to timely provide required premium related information to PBGC. |
2-28-2020 |
Assessment of Penalties for Failure to Provide Required Information (1997) | 3-14-1997 | 62 FR 12521 | Distress terminations, Standard termination, Penalties, Reporting requirements | Describes the revised penalty for failing to timely provide required information to PBGC in standard terminations and sufficient distress terminations. |
2-28-2020 |
Partition FAQs for Practitioners | 12-6-2019 | PBGC Web 006 | Multiemployer, Partitions | Answers common questions about eligibility and applications for partitions of multiemployer plans. |
2-28-2020 |
Risk Mitigation and Early Warning questions and answers | 7-20-2018 | PBGC Web 003 | Early Warning, Risk Mitigation | Answers commonly asked questions about PBGC’s Risk Mitigation & Early Warning Program. |
2-28-2020 |
Multiemployer Insolvent Plan Administrative Expense FAQs | 8-24-2017 | PBGC Web 005 | Multiemployer | Answers common questions about reasonable administrative expenses of insolvent multiemployer plans. |
2-28-2020 |
Frequently asked questions about ERISA 4062(e) | 12-6-2019 | PBGC Web 002 | Substantial cessation of operations | Answers common questions on liability and notice requirements following a substantial cessation of operations. |
2-28-2020 |
FOIA | 12-16-2019 | PBGC Web 015 | Freedom of Information Act | PBGC’s Freedom of Information Act Guide |
2-28-2020 |