You are here

Guidance Document Database

The documents listed below are PBGC’s guidance documents. 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.

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.

Title Issuance Datesort ascending Agency Identifier Topics Summary Posted Date
Present Value of the Maximum PBGC Guaranteed Benefit under IRC Section 436(d)(3)(A)(ii) and ERISA Section 206(g)(3)(C)(i)(II) 12-17-2007 PBGC TU 07-4 Present value, Benefit guarantee Guidance on determining the present value of the maximum benefit guaranteed by PBGC. 2-28-2020
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

Pages