Guidance Document Database

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

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

Addresses PBGC’s policy on accepting and responding to amended premium filings based on recharacterization of contributions.

Describes the revised penalty for failing to timely provide required information to PBGC in standard terminations and sufficient distress terminations.

Answers common questions about eligibility and applications for partitions of multiemployer plans.

Answers commonly asked questions about PBGC’s Risk Mitigation & Early Warning Program.

Answers common questions about reasonable administrative expenses of insolvent multiemployer plans.

Guidance on compliance with the active participant reduction event requirements of section 4043(c)(3) of ERISA and PBGC’s regulation on Reportable Events and Certain Other Notification Requirements (29 CFR part 4043.23(a)). PBGC adopted a rule addressing the issue effective 3/5/2020. (See 29 CFR part 4010.)

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.

Provides guidance on the bonding and escrow requirements imposed on employers that sell their assets.

Clarifies that any multiemployer plan that is not amended to adopt a non-presumptive allocation method is required to allocate unfunded vested benefits using the presumptive method.

Describes the penalty for failing to timely provide required premium related information to PBGC.

Plan meets the Governmental plan coverage exemption.

Implementation Guidelines do not apply to split-up of pension plan, with subsequent termination of one plan and reversion of excess assets.

Plan is not an Individual account. Plan is not exempt from Title IV coverage.

Premiums may be paid from the plan's assets or the employer's assets.

Denies a Notice of Intent to Terminate on the basis that the plan did not intend to provide for annuity purchase for actives, instead spinning them off into a new plan.

Addresses the definition of the term "building and construction industry" for purposes of the construction industry exception to withdrawal.

Addresses ambiguities and how PBGC will resolve them in the application of the phase-in of guaranteed benefits.

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.