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Residual assets

Opinion Letter 77-129

Pension Benefit Guaranty Corporation 77-129 Februa ry 9, 1977 RE FERENCE: [*1] 4044(d)(1) Allocation of Assets. Distribution of Residual Assets to Employer404 4 Allocation of Assets OP INION: Th is is in response to your request for an opinion whether the excess assets of * * * ( "Plan") may be returned to the* * * ("E mployer") which sponsors the Plan.

Opinion Letter 81-26

Pension Benefit Guaranty Corporation 81-26 Augus t 24, 1981 RE FERENCE: [*1] 4044(d)(1) Allocation of Assets. Dist ribution of Residual Assets to Employer OP INION: In a t elephone conversa tion with * * * an attorney on my staff, regarding the pending termination of the above-captioned plan (t he "Plan"), you informed * * * that the Plan has assets ex ceeding the benefits it will be requir ed to payupon t ermination.

Opinion Letter 81-18

Pension Benefit Guaranty Corporation 81-18 June 29, 1981 RE FERENCE: 404 4 Allocation of Assets4044(d )(1) Allocation of Assets. Distribution of Residual Assets to Employer OP INION: This is in reference to the distri bution of th e Plan's excess assets attributable to employer contributions. As weunderstand it, the Plan terminated on September 12, 198 0, and the Plan's assets are more than sufficient to pay al l Planben efits through Category 6 of Section 4044 of ERISA and all other Plan liabilities.

Opinion Letter 85-07

Pension Benefit Guaranty Corporation 85-7 March 4, 1985 RE FERENCE: 404 4(d) Allocation of Assets. Distribution of Residual Assets OP INION: You have requested our opinion whether the tra nsaction described below would be subject to the spinoff/terminationrequ irements of the joint implementation guidelines issued by the Pensi on Benefit Guaranty Corporation (PBG C), theDe partment of Labor and the Treasury Department for processing terminations involving asset reversions.

Opinion Letter 81-04

Pension Benefit Guaranty Corporation 81-4 March 12, 1981 RE FERENCE: [*1] 4021(a) Plans Covered . Requirements of Coverage4021(b )(5) Plans Covered. Employee Contributed Plans404 4(d) Allocation of Assets. Distribution of Residual Assets OP INION: This is in response to your recent letter to me concerning the * * * Pension Plan (the "Plan"). You stated that any assets of the Plan which are i n excess of the amount necessary to pay Plan benefits guaranteed under Title IV of theEmployee Reti rement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1301 et seq. (1976) (amended by Pub. L. No.

Opinion Letter 76-60

Pension Benefit Guaranty Corporation 76-60 April 30, 1976 RE FERENCE: [*1] 403(c) (1) Establishment of Trust. Restriction on Use of Plan Assets to Benefit Employer4044(d )(1) Allocation of Assets. Distribution of Residual Assets to Employer OP INION: This is in reference to the above matter. We have been advised that * * * ( the "Plan") has assets in excess of theamount needed to cover all benefits of participants under the plan and tha t the employer believes that any excess assets shou ld revert to it.

Opinion Letter 76-119

Pension Benefit Guaranty Corporation 76-119 November 15, 1976 RE FERENCE: [*1] 4044(d)(1) Allocation of Assets. Dist ribution of Residual Assets to Employer OP INION: This is in r esponse to your request that the Pension Benefi t Guaranty Co rporation (the "PBGC") reconsider itsdeter mination that t he * * * (the "Plan") does not provide for the return of residual Plan assets t o the * * * (the"Com pany").

Opinion Letter 81-24

Pension Benefit Guaranty Corporation 81-24 Augus t 21, 1981 RE FERENCE: [*1] 4 044 Allocation of Assets404 4(d) Allocation of Assets. Distribution of Residual Assets4044(d )(1) Allocation of Assets. Distribution of Residual Assets to Employer OP INION: This is in r esponse to your request for reconsideration of my letter determination with respect to the * * * CompanyPensi on Plan, dated March 12, 1981, concern ing the disposition of plan assets in excess of amounts needed to payaccru ed retirement benefits to plan participants.

Opinion Letter 78-2

Pension Benefit Guaranty Corporation 78-2 Februa ry 21, 1978 RE FERENCE: [*1] 4044(d)(1) Allocation of Assets. Dist ribution of Residual Assets to Employer OP INION: This is in respon se to your letter to th is Office requesting an opinion regarding whether certain language containedin a pension plan document relating to the re sidual assets of that plan meets the requirement of § 4044(d)(1)(C) of the Employee Retire ment Income Security Act of 1974 (the "Act") with respect to the reversion of residu al assets to an emp loyer.

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