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sale of assets

Opinion Letter 81-19

Pension Benefit Guaranty Corporation 81-19 July 1, 1981 RE FERENCE: [*1] 4001(b) D efinitions. Employer and Controlled Group4203 Comp lete Withdrawal420 4 Sale of Assets422 5 Limitation on Withdrawal Liability OP INION: Th is is in response to your l etter requesting general guidance concerning the potential withdrawal liability underthe Multi employer Pension Plan Amendments Act of 1980 ("MPPAA") of a construction contractor who sells a tr adeor b usiness in the construction industry.

Opinion Letter 93-03

Pension Benefit Guaranty Corporation 93-3 October 14, 1993 RE FERENCE: [*1] 4 225 Limitation on Withdrawal Liability.422 5(a) Limitation on Withdrawal Liability. Sale of Assets. Limitation on Withdrawal Liability. >4225( b)> >4225( d)> OP INION: We write in response to yo ur inquiry.

Opinion Letter 85-32

Pension Benefit Guaranty Corporation 85-32 December 31, 1985 RE FERENCE: [*1] 420 4 Sale of Assets OP INION: Th is respo nds to your request for the opinion of the Pension Benefit Guaranty Corporation ("PBG C") on theappli cation of t he relief provisions of Sect ion 4204 of the Employee Retirement Income Security Act, as amended ("the Act"). Specifi cally, you ask whether an employer t hat has withdrawn from a mul tiemployer pension plan may be relievedof withd rawal liability by a subsequent sale of assets in accordance with Section 4204.

Opinion Letter 88-01

Pension Benefit Guaranty Corporation 88-1 1988 PBGC LEX IS 1 Janua ry 11, 1988 RE FERENCE: [*1] 4204(b)(1) - Liabilit y of Purchaser 4211(b) - Withdrawal Liability - Presumptive Method OP INION: Th is responds to your requ est for the opinion of the Pension Benefit Guaranty Corporation ("PBGC") as to whether sect ion 4204 of the Employee Retirement Income Security Act, as amended ("ERISA"), requires that the withdrawalliability of a purchaser to wh ich that section applies be computed using the statutory presumptive method of section421 1(b), rather than the method adopted by the multiemplo

Opinion Letter 87-02

Pension Benefit Guaranty Corporation 87-2 Janua ry 28, 1987 RE FERENCE: [*1] 420 4 Sale of Assets OP INION: Th is responds to your request for t he opinion of the Pension Benefit Guaranty Corporati on ("the PB GC") on theappli cation of Section 4204 of the Employee Re tirement Income Security Act, as amended (" ERISA" or "the Act").

Opinion Letter 88-07

Pension Benefit Guaranty Corporation 88-7 May 2, 1988 RE FERENCE: [*1] 4204(d) - "Unrelated Party" OP INION: We write in response to y our letter requesting the assistance of the Pension Benefit Guaranty Corporation ("PBGC")in connec tion with an assessment of part ial withdrawal liability by the * * * (the "Trust") agai nst the * * * Corporation* * *. The T rust asserts that * * * owes the Trust $ 71,131. 69 in partial withdrawal liability pursuant to Section 4205of the E mployee Retirement Income Security Act of 1974, as amended ("ERISA").

Opinion Letter 88-02

Pension Benefit Guaranty Corporation 88-2 March 22, 1988 RE FERENCE: [*1] 4 203(a) -Definition of Complete Withdrawal 4203(b ) - Building and Construction Industry Exemption 422 5 - Limitation of Withdrawal Liability 422 5(a) - Sale of Assets 422 5(e) - Multiple Withdrawals OP INION: We are w riting in response to your request for the opinion of the Pension Benefi t Guaranty Corporation ("PBGC")as to whether section 4225 of the Employee Retir ement Income Security Act, as amended ("ERISA"), applies to anemployer subje ct to the definition of withdrawal set forth in section 4203(b) of ERISA

Opinion Letter 85-17

Pension Benefit Guaranty Corporation 85-17 June 10, 1985 RE FERENCE: [*1] 420 4 Sale of Assets OP INION: T his responds to your request for the PBGC's opini on concerning Section 4204 of ERISA. Specifically you wish to know whether a seller and a purchase r can r etroactively bring a sale of assets within the coverage of Section 4204 bypos ting an appropriate bond and by amending the sales contract.

Opinion Letter 86-06

Pension Benefit Guaranty Corporation 86-6 March 11, 1986 RE FERENCE: [*1] 4 204 Sale of Assets29 C FR 2643 Variances or Exceptions from Bond Requirements OP INION: Th is is i n response to your request for reconsideration o f Opinion Letter 85-31, issued by the Pension BenefitGu aranty Co rporation ("PBGC) on December 30, 1985, and for a waiver of the requi rements under section 4204(a)(1)(B)and (C) of the Employee Retirement Income Security Act ("ERISA") regarding the furnis hing of a bond or escrow andthe use o f certain contract language in connection with a sale of assets.

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