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Multiemployer

  • Opinion Letter 81-33

    Addresses the definition of “building and construction industry” and explains that the term should be given the same meaning as it has under the Taft-Hartley Act.

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  • Opinion Letter 82-02

    Addresses what may constitute a complete or partial withdrawal from a multiemployer plan as a result of certain events occurring during contract negotiations; addresses the labor dispute exemption from withdrawal liability.

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  • Opinion Letter 82-21

    Addresses whether certain types of labor disputes involving an employer’s employees would constitute a withdrawal from a multiemployer plan and specifically cites strikes and lockouts as examples.

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  • Opinion Letter 85-17

    Addresses whether a seller and purchaser can retroactively bring a sale of assets within the coverage of the law by posting an appropriate bond and by amending the sales contract.

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  • Opinion Letter 86-06

    Considers the timing of the bond/escrow requirement in a sale of assets and requests that PBGC grant a waiver of the bond/escrow and contract language requirements.

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  • Opinion Letter 82-19

    When a defined benefit multiemployer plan merges into a defined contribution annuity plan, the multiemployer plan terminates; addresses the rules and procedures governing distribution of the assets of a terminated multiemployer plan.

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  • Opinion Letter 82-33

    For a chain of food stores, a single store is ordinarily a “facility” for purposes of section 4217 of ERISA.

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  • Opinion Letter 85-29

    Addresses whether certain corporate transactions would trigger withdrawals and discusses whether these corporate transactions may be disregarded under the evade or avoid provision of the law.

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  • Opinion Letter 90-04

    Addresses whether interest rate changes subsequent to the mass withdrawal valuation date may be considered in determining the reallocation liability upon a mass withdrawal. It also addresses the burden of proof a multiemployer plan must satisfy to show an amendment increasing benefits was adopted earlier than the formal date of adoption which would make payment of the benefit increase covered by the PBGC guarantee.

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