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tax qualification

  • Opinion Letter 76-118

    Once a plan is determined to be qualified by IRS, it is qualified for purposes of Title IV until qualification is revoked.

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  • Opinion Letter 81-10

    A plan that in practice met the criteria for tax qualification for five years prior to its termination date was covered under Title IV at plan termination.

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  • Opinion Letter 74-14

    Plans that are tax-qualified under IRC 401(a) are covered by Title IV. Plans funded by flexible annuity policies may or may not be designed to achieve a defined benefit objective.

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  • Opinion Letter 74-08

    Pension Benefit Guaranty Corporation 74-8 December 23, 1974 RE FERENCE: [*1] 4006(a)( 3) Premium Rates. Initial Rates400 7(a). Payment of Premiums. Due Dates OP INION: This i s a confirmation of the telephone call on November 22, 1974 b y Mr. * * * of our staff regarding the followingquestions: (1) Is a plan covered for purposes of premium payments upon the date it receives a favorable IRSdetermin ation, the date it is established or the e ffective date provided in the pla n documents? (2) If the IRS grants itsdeter mination retr oactive to the plan's effective date, are premiums due for t he interim period and, if so, when are suchpremi ums due? You advise t hat the subject plan was established after Sep tember 1, 1974 with an ef fective date of September 1, 1974and that it is awaiting IRS approval. A plan is covered for the purpose o f premium payments upon the date of establishment or the effective date,whicheve r is lat er. Thus your plan is covered on the date o f establishment, which is normally the dat e on which the plandoc uments are executed. Pre miums are due within 30 days thereafter and should be for the period following such date. Steven E . Schanes Acting Executive Director

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  • Opinion Letter 76-63

    Plan is a pay as you go plan. Plan is not tax qualified and thus is not covered under Title IV.

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  • Opinion Letter 77-155

    A plan operating under a favorable IRS determination letter is covered under Title IV.

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  • Opinion Letter 81-07

    Following a restructuring of three pension plans maintained by one company, each restructured plan remains a Title IV covered plan, each plan qualifies as a successor plan, and the plan sponsor would be liable to PBGC for any funding deficiency at termination.

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  • Opinion Letter 81-16

    A retirement arrangement is not covered plan under Title IV because it is not tax qualified.

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