The Pension Benefit Guaranty Corporation (PBGC) is committed to providing employers and practitioners with the necessary tools for complying with Title IV of the Employee Retirement Income Security Act (ERISA).
As part of this effort, we are expanding compliance assistance resources and tools like opinion letters to help the public more fully understand their rights and responsibilities under ERISA.
Purpose
Opinion letters from PBGC’s Office of the General Counsel explain how the agency would apply Title IV of ERISA and regulations thereunder to a certain set of facts. Opinion letters may be requested by employers, plan sponsors, unions, and supporting practitioners such as attorneys or actuaries. Generally, the requests will concern matters where more guidance is needed to comply with existing statutes, regulations, or guidance. In addition, PBGC may issue an opinion letter on its own initiative when it is determined to be appropriate.
Preparing a request
To present your question(s) for review by PBGC, your request should:
- Reference relevant laws, regulations, or other guidance.
- Include an accurate and complete description of the facts.
- Confirm that the request is not related to a matter pending with PBGC. Note that we do not issue letters for use in any investigation or litigation matter that existed before you submitted your request.
- Identify any confidential business information and ask PBGC to redact it from any responsive opinion letter. Do not submit information that includes any personally identifiable information, such as participant name, address, or other contact information, or confidential business information that you do not want publicly disclosed.
- Include your phone number or email address in case we need to follow up.
Submitting a request
Email your request to OpinionRequest@pbgc.gov. Be sure to send it from an email address that can receive a confirmation email from pbgc.gov. PBGC will confirm receipt by email.
Visit Procedures for PBGC opinion letters for detailed information.
After a request is received
The request will be reviewed by PBGC’s Office of the General Counsel, and you will be advised whether PBGC will provide an opinion letter in response. Search the Opinion letters database to view PBGC opinion letters issued by the Office of the General Counsel since 1974.