Skip to main content

This page has not been translated. Please go to PBGC.gov's Spanish home page for more information available in Spanish.

Esta página no ha sido traducida. Por favor vaya a la página principal del sitio de español de PBGC para ver información disponible en español.

Multiemployer

  • Opinion Letter 84-08

    Addresses whether the construction industry exception to withdrawal applies where a contractor's CBA expires, its employees do not perform any more work for which the contractor was previously required to make contributions, but the contractor subcontracts for the performance of such work.

    • document

  • Opinion Letter 85-31

    Addresses the bond / escrow requirements of section 4204 of ERISA which, if satisfied along with the other 4204 requirements, mean that a sale of assets by a contributing employer will not constitute a withdrawal from a multiemployer plan.

    • document

  • Opinion Letter 01-2

    Addresses whether a multiemployer plan with only one remaining contributing employer continues to be a multiemployer plan.

    • document

  • Opinion Letter 83-18

    Addresses whether incorporation of a sole proprietorship constitutes a withdrawal from a multiemployer pension plan where the successor corporation becomes party to the collective bargaining agreement and continues to contribute to the plan on behalf of its employees for the same operations for which contributions were previously contributed by the sole proprietor.

    • document

  • Opinion Letter 80-22

    Discusses the rules governing plan termination and notes that the employers may owe withdrawal liability.

    • document

  • Opinion Letter 82-32

    Pension Benefit Guaranty Corporation 82-32 October 28, 1982 RE FERENCE: [*1] 422 1 Resolution of Disputes OP INION: This r esponds to your letter requesting our opinion concer ning arbitration over w ithdrawal liability as required bySecti on 4221 of the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended by the MultiemployerPensi on Pl an Amendments Act of 1980 Pub. L. 96-364, 94 STAT. 1208 (September 26, 19 80) ("Multiemployer Act").Spe cifically you wish to know what procedure to foll ow, in the absence of a PBGC regulation on the subject, when thepartie s to a dispute do not agree on the selection of an arbitrator. Under Sect ion 4221 of ERISA arbitrat ion of withdrawal liability disputes is to be conducted in acco rdance with fairand equit able procedures to be promulgated by the PBG C. While PBGC is working on such a regulation, there is noneed to await its publication. In the interim, multiemployer plan sponsors and employers may use any reasonableproce dures, such a s those established by the American Arbitrati on Association and the Federal Mediation andCo nciliation Service. See Section 405(a) of the Multiemployer Act, 94 STAT. 1303. Secti on 4221(b)(3) provides that arbitration proceedings be conducted in the sam e manner and subject [*2] to the same limit ations as an arbitration proceeding carri ed out under title 9, United States Code. T herefore, if the parties areunab le to agree on the naming of an arbi trator or to fair and equit able arbitration procedures they may apply to the courtfor ap propriate relief. I hop e this has been of assistance. Henry Rose Ge neral Counsel

    • document

  • Opinion Letter 85-32

    Addresses whether an employer that has withdrawn from a multiemployer plan may be relieved of withdrawal liability by a subsequent sale of assets.

    • document

  • Opinion Letter 82-10

    Addresses a plan sponsor’s obligations when a plan terminates by mass withdrawal, including the payment of benefits to participants in a terminated plan.

    • document

  • Opinion Letter 86-21

    Addresses (1) how withdrawal liability should be assessed when the contributing employer is a partnership, and (2) whether an employer continues to perform work of the type and jurisdiction covered by a collective bargaining agreement for purposes of determining whether a withdrawal has occurred.

    • document