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.

Withdrawal Liability

  • 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.

    • document

  • Opinion Letter 82-27

    Addresses whether immediate payment of the outstanding amount of an employer's withdrawal liability can be required if any installment is not paid during the withdrawal liability dispute resolution process and before the arbitrator's final decision. PBGC adopted a rule addressing the issue. (See 29 CFR part 4219, Subpt C.)

    • document

  • Opinion Letter 86-02

    Addresses a question as to what constitutes a facility for purposes of determining what CBUs get excluded due to a pre-1980 closure of a facility.

    • document

  • Opinion Letter 94-03

    Addresses mass withdrawal generally, the effect of a "substantially all" mass withdrawal on the de minimis reduction and 20-year cap, and the meanings of "substantially all" and "agreement or arrangement".

    • document

  • Opinion Letter 84-07

    Addresses whether a withdrawal would take place if a corporation transfers all of its assets to one of its divisions and whether a withdrawal occurs in the event of a stock sale if contributions to the plan continue.

    • document

  • Opinion Letter 82-08

    Addresses the meaning of the term "the unfunded vested benefits attributable to employees of the employer" for purposes of the cap on the unfunded vested benefits attributable to employees of an employer that sold substantially all of its assets to an unrelated buyer.

    • document

  • 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 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