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 82-01 | 1-19-1982 | PBGC Op Let 82-1 | Professional service employer plan, Coverage | Pharmacist is a professional individual for purposes of the Professional Service Employer plan exemption. |
2-28-2020 |
Opinion Letter 81-06 | 4-1-1981 | PBGC Op Let 81-6 | Termination | Plan termination date agreed to by PBGC and the company was after participants had constructive notice of termination . |
2-28-2020 |
Opinion Letter 85-12 | 5-28-1985 | PBGC Op Let 85-12 | Multiemployer, Withdrawal Liability | Addresses the special partial withdrawal rule for the retail food industry, and the meaning of “retail food industry.” |
2-28-2020 |
Opinion Letter 74-17 | 11-14-1974 | PBGC Op Let 74-17 | Individual account plan, Professional service employer plan, Coverage | Professional service employer plans and individual account plans are excluded from coverage. |
2-28-2020 |
Opinion Letter 77-162 | 8-30-1977 | PBGC Op Let 77-162 | Benefit guarantee | A profit-sharing benefit in the plan is nonforfeitable and a pension benefit because the plan states it may be paid as an annuity. Because PBGC guarantees and pays the benefit as an annuity, it won’t be paid in a lump sum if the plan is insufficient. |
2-28-2020 |
Opinion Letter 82-39 | 12-20-1982 | PBGC Op Let 82-39 | Multiemployer, Dispute Resolution, Withdrawal Liability | Addresses the determination of withdrawal liability and the procedure to dispute withdrawal liability. |
2-28-2020 |
Opinion Letter 89-10 | 12-8-1989 | PBGC Op Let 89-10 | Professional service employer plan, Coverage | Plan does not meet the Professional Service Employer plan exemption. Plan is covered under Title IV because number of active participants exceeds 25. |
2-28-2020 |
Opinion Letter 75-53 | 12-4-1975 | PBGC Op Let 75-53 | Nonresident aliens, Coverage | Plan is governed by laws of Virgin Islands. Plan is not a qualified plan and is exempt from coverage under Title IV. |
2-28-2020 |
Opinion Letter 86-24 | 10-31-1986 | PBGC Op Let 86-24 | Multiemployer, Withdrawal Liability, Unfunded vested benefits | Addresses (1) whether vested ancillary benefits may be included in the calculation of unfunded vested benefits; (2) the meaning of "nonforfeitable benefit"; (3) what actuarial assumptions may be used to calculate unfunded vested benefits. |
2-28-2020 |
Opinion Letter 82-15 | 4-30-1982 | PBGC Op Let 82-15 | Transfer of assets and liabilities, Multiemployer | Addresses the rules governing the transfer of assets from multiemployer plan to single-employer plan; addresses the withdrawal liability consequences of transferring assets to a single employer plan. |
2-28-2020 |
Opinion Letter 81-15 | 5-28-1981 | PBGC Op Let 81-15 | Termination | PBGC accepted the withdrawal of a plan’s notice of intent to terminate because employers would continue to make contributions pursuant to their collective bargaining agreements and the plan participants would continue to receive credit under the plan for service with contributing employers. |
2-28-2020 |
Opinion Letter 74-03 | 11-14-1974 | PBGC Op Let 74-3 | Individual account plan, Coverage | Title IV excludes a defined benefit plan to the extent it is treated as an Individual account plan under 1002(35)(B). |
2-28-2020 |
Opinion Letter 74-23 | 12-18-1974 | PBGC Op Let 74-23 | Coverage | A plan maintained by a union and funded only by contributions from union members is not covered under Title IV |
2-28-2020 |
Opinion Letter 81-37 | 11-16-1981 | PBGC Op Let 81-37 | Governmental plan, Coverage | Plan meets the Governmental plan coverage exemption. |
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 |
SFA Assumptions Guidance - Superseded as of July 11, 2022 | 7-9-2021 | PBGC SFA 21-02 | 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. |
7-9-2021 |
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 |
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 |
Risk Mitigation & 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 |
PBGC Insurance Coverage | 12-6-2019 | PBGC Web 001 | Coverage | Addresses how to determine whether a pension plan is covered by PBGC and explains the common exemptions from coverage. |
2-28-2020 |
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 |