Guidance Document Database

Addresses the calculation of reallocation liability when calculating withdrawal liability under the "presumptive method" and whether to include the unfunded vested benefits of an employer that is subject to the construction rule.

Not appropriate to charge against plan assets legal fees arising from plan termination.

Once irrevocable commitments are purchased, PBGC no longer guarantees the benefits.

Company owners are physicians and company provides medical services. Plan is exempt as a Professional Servicer Employer plan.

Original plan is a Title IV covered plan. Successor plan is also a Title IV covered plan. Successor plan does not qualify as an exempt plan under the Professional Service plan exemption even though successor plan has fewer than 25 employees.

Plan meets the Substantial Owner plan coverage exemption.

A plan maintained by a public agency or political subdivision which has been taken over from a private business is excluded from coverage.

Addresses whether a reciprocity agreement operates to impose on certain employers and defined contribution pension plans the minimum contribution requirements or the withdrawal liability provisions of the law.

Addresses whether a withdrawal liability overpayment must be refunded by a multiemployer plan sponsor to an employer where the plan sponsor subsequently discovers the underlying calculation error and the employer had failed to initiate the plan review and arbitration process.

Because benefit increases became effective through collective bargaining agreements (not specific action by the Board of Trustees), PBGC looks to the adoption and effective dates of those agreements to apply the five-year phase-in rule.

Individual account plan is exempt from coverage under Title IV.

Individual account plan exemption from coverage.

Addresses the applicability of the “sale of assets exception: to the construction industry complete withdrawal rules.

Title IV does not cover Individual account plans or welfare plans.

Addresses the calculation of partial withdrawal liability and why the allocation fraction uses a ratio of contribution base units as opposed to contributions.

Addresses the meaning of “total amount contributed” for the purpose of the denominators in PBGC’s interim regulation on withdrawal liability alternative allocation methods.

Surveying and engineering design consultant is a professional individual for purposes of the Professional Service Employer plan coverage exemption.

Provides relief from certain premium penalties and in certain situations involving alternative premium funding target elections.

Describes PBGC’s revised policy on assessing penalties for failing to timely provide required information to PBGC.

Guidance on the timing of premium payments for plan years beginning in 2025, which, because of a provision in the Bipartisan Budget Act of 2015, are generally due a month earlier than the due date provided in PBGC’s Payment of Premiums regulation (29 CFR part 4007).

Provides information on filing a standard termination, distribution of benefits, and standard termination audits

Guidance on determining the present value of the maximum benefit guaranteed by PBGC.

Provides simplified methods for the application of the statutory requirement that multiemployer plans in critical status disregard certain benefit reductions in determining the plan's unfunded vested benefits for purposes of determining an employer's withdrawal liability under section 4201 of ERISA.

Sets forth the requirements for special financial assistance applications and related restrictions and conditions pursuant to the American Rescue Plan Act of 2021.

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.