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 |
---|---|---|---|---|---|
Opinion Letter 77-166 | 10-7-1977 | PBGC Op Let 77-166 | Benefit guarantee | 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. |
2-28-2020 |
Opinion Letter 74-20 | 12-5-1974 | PBGC Op Let 74-20 | Individual account plan, Coverage | Individual account plan is exempt from coverage under Title IV. |
2-28-2020 |
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 79-05 | 3-28-1979 | PBGC Op Let 79-5 | due dates, Premiums | The plan must pay premiums to PBGC for annuitants covered by an insurance contract that does not provide for irrevocable commitments to pay the benefits. |
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 |
Frequently asked questions about standard terminations | 1-28-2020 | PBGC Web 013 | Standard termination | Provides information on filing a standard termination, distribution of benefits, and standard termination audits |
2-28-2020 |
Present Value of the Maximum PBGC Guaranteed Benefit under IRC Section 436(d)(3)(A)(ii) and ERISA Section 206(g)(3)(C)(i)(II) | 12-17-2007 | PBGC TU 07-4 | Benefit guarantee, Present value | Guidance on determining the present value of the maximum benefit guaranteed by PBGC. |
2-28-2020 |
Simplified Methods for Applying the Requirement to Disregard Benefit Reductions in Determining Withdrawal Liability - Multiemployer Pension Plans - Pension Protection Act of 2006 | 7-15-2010 | PBGC TU 10-3 | Multiemployer, Withdrawal Liability, Unfunded vested benefits, PPA | 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. |
2-28-2020 |
Risk Mitigation & Early Warning Program | 12-6-2019 | PBGC Web 004 | Early Warning, Risk Mitigation | Provides information about PBGC’s review of corporate transactions or events that may pose an increased risk to single-employer pension 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 |
Assessment of Penalties for Failure to Provide Required Information (1995) | 7-18-1995 | 60 FR 36837 | Penalties, Reporting requirements | Describes PBGC’s revised policy on assessing penalties for failing to timely provide required information to PBGC. |
2-28-2020 |
Premium Penalty Relief - Alternative Premium Funding Target Election Relief | 9-15-2011 | 76 FR 57082 | Premiums | Provides relief from certain premium penalties and in certain situations involving alternative premium funding target elections. |
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 |
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 |
Premium Filing Due Date Change for 2025 Plan Years | 1-6-2025 | PBGC TU 25-1 | Premiums | 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). |
1-24-2025 |
Qualified Domestic Relations Orders and PBGC | 2-1-2019 | PBGC Web 011 | Domestic Relations Orders | General information on submitting domestic relations orders to PBGC after PBGC becomes trustee of a terminated pension plan and the procedures PBGC follows to determine whether an order is a qualified domestic relations order |
2-28-2020 |
Orden Judicial Calificada de Relaciones Domésticas (QDRO, siglas en inglés) | 2-1-2019 | PBGC Web 011 | Domestic Relations Orders | 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 |
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 |
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 |