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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 |
---|---|---|---|---|---|
Opinion Letter 75-54 | 6-23-1975 | PBGC Op Let 75-45 | Coverage | Title IV does not cover deposits made into a Keogh Trust. | 2-28-2020 |
Opinion Letter 75-55 | 11-10-1975 | PBGC Op Let 75-55 | Coverage, plan document | A plan without a written plan document is not a qualified plan and is excluded from coverage. | 2-28-2020 |
Opinion Letter 75-58 | 10-3-1975 | PBGC Op Let 75-58 | Coverage | The fact that a benefit formula may be modified by a plan amendment does not alter the defined benefit nature of the plan. If the plan is amended to convert it to an individual account plan, it would be treated as terminated. | 2-28-2020 |
Opinion Letter 75-78 | 12-3-1975 | PBGC Op Let 75-78 | Premiums | A plan that established itself and had its first plan year end on the same day must pay partial premiums for that plan year. | 2-28-2020 |
Opinion Letter 75-85 | 9-11-1975 | PBGC Op Let 75-85 | Defined benefit plan | A plan where participants are eligible for benefits as calculated from time to time by an actuary is a defined benefit plan providing basic benefits. | 2-28-2020 |
Opinion Letter 75-89 | 8-7-1975 | PBGC Op Let 75-89 | Coverage, Individual account plan, Termination | Conversion from a covered plan to an individual account plan is a termination. | 2-28-2020 |
Opinion Letter 75-90 | 10-6-1975 | PBGC Op Let 75-90 | Reportable events | Transfer of plan assets to another plans is a reportable event. | 2-28-2020 |
Opinion Letter 75-91 | 7-15-1975 | PBGC Op Let 75-91 | Benefit reduction, Reportable events | A reduction in benefits is not considered a plan termination but is a reportable event. | 2-28-2020 |
Opinion Letter 76-03 | 1-8-1976 | PBGC Op Let 76-3 | Termination, Allocation of assets | Plan administrator must allocate assets to participant receiving early retirement benefits and may not allocate assets to participants whose benefit claims had been fully satisfied prior to termination of plan. | 2-28-2020 |
Opinion Letter 76-07 | 1-14-1976 | PBGC Op Let 76-7 | Coverage, Individual account plan | Title IV does not cover Individual account plans or welfare plans. | 2-28-2020 |
Opinion Letter 76-09 | 1-14-1976 | PBGC Op Let 76-9 | Controlled groups | Discusses considerations PBGC would apply in determining whether parent-subsidiary group created a single plan or multiple separate plans managed under a single trust. | 2-28-2020 |
Opinion Letter 76-103 | 8-23-1976 | PBGC Op Let 76-103 | Benefit guarantee, Death benefits | PBGC’s position on guaranty of death benefit. | 2-28-2020 |
Opinion Letter 76-106 | 9-3-1976 | PBGC Op Let 76-106 | Coverage, Professional service employer plan | Physician-secretary is a Professional Service Employer plan exempt from Title IV coverage. | 2-28-2020 |
Opinion Letter 76-107 | 9-7-1975 | PBGC Op Let 76-107 | Termination, Allocation of assets | Allocation of assets of terminating plan otherwise than in accordance with section 4044 is not allowed. Transfer of asset to a defined contribution plan requires that all participants be offered option for immediate receipt of their benefits. | 2-28-2020 |
Opinion Letter 76-109 | 9-14-1976 | PBGC Op Let 76-109 | Coverage | A trust under a plan must be "created or organized" in the "United States" and be "maintained at all times as a | 2-28-2020 |
Opinion Letter 76-11 | 1-20-1976 | PBGC Op Let 76-11 | Reportable events | Transfer of plan assets to another plan does not require PBGC approval, but it is a reportable event requiring notification. | 2-28-2020 |
Opinion Letter 76-111 | 9-16-1976 | PBGC Op Let 76-111 | Employer liability | Asset purchaser assuming some plans was not a successor corporation for plans that it did not assume. | 2-28-2020 |
Opinion Letter 76-112 | 9-28-1976 | PBGC Op Let 76-112 | Benefit guarantee | A participant who has completed the requisite number of years of service and has attained retirement age has a nonforfeitable vested benefit in the plan, even if he has not ended his employment as the time of plan termination. | 2-28-2020 |
Opinion Letter 76-114 | 10-1-1976 | PBGC Op Let 76-114 | Reportable events | Elimination of a death benefit is a reportable event. | 2-28-2020 |
Opinion Letter 76-117 | 11-3-1976 | PBGC Op Let 76-117 | Termination | No plan termination occurred when subsidiaries ended plan participation. | 2-28-2020 |
Opinion Letter 76-118 | 11-8-1976 | PBGC Op Let 76-118 | Coverage, tax qualification | Once a plan is determined to be qualified by IRS, it is qualified for purposes of Title IV until qualification is revoked. | 2-28-2020 |
Opinion Letter 76-119 | 11-15-1976 | PBGC Op Let 76-119 | Residual assets | Because plan does not provide for reversion of excess assets to sponsor, residual assets must be distributed to plan participants and their beneficiaries, pro rata, in relation to their accrued benefits. | 2-28-2020 |
Opinion Letter 76-12 | 1-27-1976 | PBGC Op Let 76-12 | Individual account plan | Amendment of a plan from a defined benefit plans to an individual account plan results in the plan’s termination. | 2-28-2020 |
Opinion Letter 76-121 | 12-22-1976 | PBGC Op Let 76-121 | Reportable events | The reduction in the number of plan participants is a reportable event. | 2-28-2020 |
Opinion Letter 76-17 | 2-5-1976 | PBGC Op Let 76-17 | Benefit guarantee | Discusses benefit guaranty and its limits for a retiree receiving monthly benefits from an ongoing plan. | 2-28-2020 |