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sale of assets

  • Opinion Letter 81-19

    Addresses the applicability of the “sale of assets exception: to the construction industry complete withdrawal rules.

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  • Opinion Letter 93-03

    Addresses which of two limitations on withdrawal liability applies—one applicable to a dissolving or liquidating employer, the other applicable to an employer that sold its assets to an unrelated party—when an employer satisfies the prerequisites for both.

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    Addresses whether an employer that has withdrawn from a multiemployer plan may be relieved of withdrawal liability by a subsequent sale of assets.

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  • Opinion Letter 88-01

    Addresses the method of calculating the withdrawal liability of a purchaser of the assets of an unrelated contributing employer.

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  • Opinion Letter 87-02

    Addresses the definition of the term “assets” for the purpose of the sale-of-assets exception to withdrawal.

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  • Opinion Letter 88-07

    Addresses the “unrelated party” requirement for the sale of assets exception to withdrawal liability.

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  • Opinion Letter 88-02

    Addresses applicability to construction industry employers of the sale-of-assets limitation on withdrawal liability.

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  • Opinion Letter 92-01

    Addresses the calculation of withdrawal liability in a situation where several members of a controlled group have an obligation to contribute to the same multiemployer pension plan and are sold or liquidated in a series of transactions.

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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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