You are here
Guidance Document Database
The documents listed below are PBGC’s guidance documents, as defined by EO 13891, sec. 2(b), see Federal Register Notice. The contents of these documents do not have the force and effect of law, unless expressly authorized by statute or incorporated into a contract, and are not meant to bind the public in any way. These documents are intended only to provide clarity to the public regarding existing requirements under the law or agency policies. PBGC will only cite, use, or rely on any guidance that is not posted in this database to establish historical facts.
If you would like to request the withdrawal or modification of an existing guidance document, please submit your request, including your contact information, to the General Counsel at GuidanceComments@pbgc.gov or at Regulatory Affairs Division, Pension Benefit Guaranty Corporation, Office of the General Counsel, 1200 K Street NW, Washington, DC 20005–4026. For additional information, see PBGC’s procedures for guidance documents.
| Title |
Issuance Date |
Agency Identifier | Topics | Summary | Posted Date |
|---|---|---|---|---|---|
| Minimum Lump Sum Assumptions for Terminating Single-Employer Plans; Effect of Pension Protection Act of 2006 | 12-3-2007 | PBGC TU 07-3 | Lump sum, Standard termination | Guidance on lump sum valuation issues for single-employer plans that terminate in a standard termination with a termination date prior to, and a final distribution date on or after, the effective date of changes in the interest rate and mortality table used in calculating minimum lump sum values under the Pension Protection Act. | 2-28-2020 |
| Opinion Letter 02-1 | 12-10-2002 | PBGC Op Let 02-1 | Restoration | PBGC has no legal authority to terminate and then restore a pension plan in order to implement more lenient funding requirements for the successor plan. | 2-28-2020 |
| Opinion Letter 01-2 | 3-16-2001 | PBGC Op Let 2001-2 | Multiemployer, Contributing employer | Addresses whether a multiemployer plan with only one remaining contributing employer continues to be a multiemployer plan. | 2-28-2020 |
| Increased Guarantee Limit for Multiemployer Plans | 12-26-2000 | PBGC TU 00-7 | Multiemployer, Benefit guarantee | Discusses how the PBGC's maximum guarantee limit works under the multiemployer insurance program and explains an increase in maximum guarantee limit for participants in multiemployer plans. | 2-28-2020 |
| Opinion Letter 00-01 | 1-27-2000 | PBGC Op Let 00-1 | Multiemployer, Withdrawal Liability | The sponsor of a multiemployer plan, other than a plan that primarily covers employees in the building and construction industry, may adopt any of the statutory allocation methods and any of the modifications set forth in §§ 4211.12 and 4211.13, without PBGC’s approval. PBGC will not opine on whether such adoption is consistent with trustees’ fiduciary duties. | 2-28-2020 |
| Use of Alternative Dispute Resolution | 4-12-1999 | 64 FR 17696 | Mediation, Arbitration | Provides that PBGC will use, where appropriate, alternative dispute resolution. | 2-28-2020 |
| Opinion Letter 98-02 | 5-20-1998 | PBGC Op Let 98-2 | Coverage, Governmental plan | Plan does not meet the Governmental plan exemption from coverage. | 2-28-2020 |
| Opinion Letter 98-01 | 2-17-1998 | PBGC Op Let 98-1 | Coverage, Professional service employer plan | Management consultant is not a professional individual for purposes of the Professional Service Employer plan coverage exemption. | 2-28-2020 |
| Opinion Letter 97-02 | 12-29-1997 | PBGC Op Let 97-2 | Coverage, Professional service employer plan | Surveying and engineering design consultant is a professional individual for purposes of the Professional Service Employer plan coverage exemption. | 2-28-2020 |
| Opinion Letter 97-01 | 5-5-1997 | PBGC Op Let 97-01 | Multiemployer, Withdrawal Liability | Addresses whether foreign entities that are part of a controlled group are jointly liable for withdrawal liability. | 2-28-2020 |
| Assessment of Penalties for Failure to Provide Required Information (1997) | 3-14-1997 | 62 FR 12521 | Penalties, Reporting requirements, Standard termination, Distress terminations | Describes the revised penalty for failing to timely provide required information to PBGC in standard terminations and sufficient distress terminations. | 2-28-2020 |
| Assessment of Penalties for Failure to Provide Premium-related Information (1996) | 12-17-1996 | 61 FR 66338 | Penalties, Premiums | Describes the penalty for failing to timely provide required premium related information to PBGC. | 2-28-2020 |
| Opinion Letter 96-02 | 7-8-1996 | PBGC Op Let 96-2 | Coverage, Governmental plan | Plan does not meet the Governmental plan exemption from coverage. | 2-28-2020 |
| Opinion Letter 96-03 | 7-8-1996 | PBGC Op Let 96-3 | Coverage, Governmental plan | Plan does not meet the Governmental plan exemption from coverage. | 2-28-2020 |
| Opinion Letter 96-01 | 6-27-1996 | PBGC Op Let 96-1 | Coverage, Professional service employer plan | Economist is a professional individual for purposes of the Professional Service Employer plan coverage exemption. | 2-28-2020 |
| Opinion Letter 95-03 | 12-22-1995 | PBGC Op Let 95-03 | Multiemployer, Partial Withdrawal | Addresses calculation of partial withdrawal credit using the "modified presumptive method" where contributions are averaged over a 10-year period. | 2-28-2020 |
| Opinion Letter 95-02 | 8-18-1995 | PBGC Op Let 95-02 | Multiemployer, Construction industry | Addresses the interpretation of the special rule for partial withdrawals for certain employers and plans in the building and construction industry. | 2-28-2020 |
| Assessment of Penalties for Failure to Provide Required Information (1995) | 7-18-1995 | 60 FR 36837 | Penalties, Reporting requirements | Describes PBGC’s revised policy on assessing penalties for failing to timely provide required information to PBGC. | 2-28-2020 |
| Opinion Letter 94-08 | 9-30-1994 | PBGC Op Let 94-08 | Multiemployer, Withdrawal Liability, Reallocation liability | Addresses the calculation of reallocation liability when calculating withdrawal liability under the "presumptive method" and whether to include the unfunded vested benefits of an employer that is subject to the construction rule. | 2-28-2020 |
| Opinion Letter 94-06 | 9-28-1994 | PBGC Op Let 94-6 | Plan administrator, Premiums | Discusses the conditions under which a plan administrator would be subject to personal liability to cover unpaid premiums. | 2-28-2020 |
| Opinion Letter 94-05 | 9-27-1994 | PBGC Op Let 94-05 | Multiemployer, Withdrawal Liability, Unfunded vested benefits | Addresses whether the amount of a multiemployer plan’s unfunded vested benefits may be retroactively corrected when a computational error resulted in overassessment and overpayment of withdrawal liability. | 2-28-2020 |
| Opinion Letter 94-03 | 8-2-1994 | PBGC Op Let 94-03 | Multiemployer, Withdrawal Liability | 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". | 2-28-2020 |
| Opinion Letter 94-02 | 7-26-1994 | PBGC Op Let 94-02 | Multiemployer, Premiums, Interest, Penalties | Whether interest and penalties assessed by PBGC for the late payment of premiums respecting a multiemployer plan can be paid from plan assets. | 2-28-2020 |
| Opinion Letter 94-01 | 7-26-1994 | PBGC Op Let 94-1 | Premiums, Interest | Discusses the method used by PBGC to calculate interest on premium underpayments. | 2-28-2020 |
| Opinion Letter 93-03 | 10-14-1993 | PBGC Op Let 93-03 | Multiemployer, Withdrawal Liability, sale of assets | 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. | 2-28-2020 |