Guidance Document Database

Addresses variances from the bond/escrow and contract-language prerequisites to the asset sale exception to withdrawal.

A participant who has completed the requisite number of years of service and has attained retirement age has a nonforfeitable vested benefit in the plan, even if he has not ended his employment as the time of plan termination.

Addresses the calculation of withdrawal liability in a situation where several members of a controlled group have an obligation to contribute to the same multiemployer pension plan and are sold or liquidated in a series of transactions.

Economist is a professional individual for purposes of the Professional Service Employer plan coverage exemption.

Addresses the circumstances under which a bankruptcy proceeding may give rise to withdrawal liability.

Plan of an employer located in Canada that is a division of a company incorporated in the US is a foreign plan and is not covered under Title IV.

A split-up of one plan and the termination of another is not subject to the asset reversion implementation guidelines; PBGC recognizes the termination and reestablishment of a plan.

Plan of transit system acquired by county is excluded from coverage.

Excess assets do not revert to the plan sponsor.

Discusses mechanics of converting defined benefit plan to an individual account plan.

Plan assets must be allocated in succession to the benefits described in each of the six priority categories established by statute.

This opinion letter addresses the meaning of the term "facility" for purposes of partial withdrawal.

Plan continues to be covered under Title IV because IRS has not determined the plan is disqualified.

Pharmacist is a professional individual for purposes of the Professional Service Employer plan exemption.

Addresses whether a partial withdrawal occurs when an employer outsources work to a third party.

Addresses whether a withdrawal from a multiemployer plan will be triggered by various circumstances occurring after a 4204 sale of assets such as a second subsequent sale or a change in corporate structure.

Plan is a pay as you go plan. Plan is not tax qualified and thus is not covered under Title IV.

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

Addresses the contribution periods used in calculating an employer’s allocable share of a multiemployer plan’s unfunded vested benefits for the last plan year ending before April 29, 1980.

Addresses the bond requirement under section 4204 in the event the seller liquidates or distributes its assets subsequent to the sale.

Addresses whether a partial withdrawal occurs when an employer that operates two terminals in a metropolitan area, each under a separate collective bargaining agreement requiring contributions to the same multiemployer plan, closes one terminal but continues to perform the work of the closed terminal through the remaining terminal and other outlying terminals.

Addresses the proper method for determining withdrawal liability when the liable employer is a group of trades or businesses under common control within the meaning of section 4001.

Employer providing consulting services in bio-mechanics, forensic physics, traffic reconstruction, injury analysis, and automotive and traffic safety is a Professional Services Employer and is exempt under Title IV.

Addresses the definition of employer in the context of building cleaners at an office building.

Amendment of a plan from a defined benefit plans to an individual account plan results in the plan’s termination.