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 |
|---|---|---|---|---|---|
| Opinion Letter 76-24 | 2-14-1976 | PBGC Op Let 76-24 | Merger, Reportable events | PBGC approval is not needed to merge a single employer plan into a multiemployer plan, but such a transaction would be a reportable event. | 2-28-2020 |
| Opinion Letter 76-28 | 2-24-1976 | PBGC Op Let 76-28 | Coverage | Advises that defined contribution plans which defined benefit features may be subject to coverage. | 2-28-2020 |
| Opinion Letter 76-31 | 3-3-1976 | PBGC Op Let 76-31 | Allocation of assets, Benefit guarantee | Section 4044 asset allocation rules take precedence over any contrary plan provisions. | 2-28-2020 |
| Opinion Letter 76-33 | 3-5-1976 | PBGC Op Let 76-33 | Reportable events | Plan merger constitutes a reportable event. | 2-28-2020 |
| Opinion Letter 76-34 | 3-8-1976 | PBGC Op Let 76-34 | Termination, Voluntary plan termination | Involuntary termination requirements in section 4042(a) do not apply to voluntary terminations under section 4041. | 2-28-2020 |
| Opinion Letter 76-37 | 3-15-1976 | PBGC Op Let 76-37 | Benefit guarantee | Discusses how the five-year phase-in rule impacts guarantee of certain recent benefit increases and that certain early retirement supplements are not guaranteed. | 2-28-2020 |
| Opinion Letter 76-40 | 3-19-1976 | PBGC Op Let 76-40 | One plan | Discusses four plans in one plan document with one trust. Sale of a unit and separation of the unit’s assets from the master trust is not a reportable event, nor a termination of one of the plans. | 2-28-2020 |
| Opinion Letter 76-41 | 3-22-1976 | PBGC Op Let 76-41 | Reportable events | Closing plant covering 6% of the employees in the plan is not a reportable event. Failure to pay benefits when due would be a reportable event. | 2-28-2020 |
| Opinion Letter 76-43 | 3-25-1976 | PBGC Op Let 76-43 | Excess assets | Absence of provision in plan allowing reversion of excess plan assets to the employer means that the requirements for reversion of excess assets to employer not met. | 2-28-2020 |
| Opinion Letter 76-46 | 4-2-1976 | PBGC Op Let 76-46 | Reportable events, Change from group annuity to trust fund | Change in funding method does not constitute a reportable event. | 2-28-2020 |
| Opinion Letter 76-52 | 4-14-1976 | PBGC Op Let 76-52 | Sale of division, Reportable events | Sale of divisions resulting in more than 20% reduction in number of plan participants is a reportable event. | 2-28-2020 |
| Opinion Letter 76-56 | 4-21-1976 | PBGC Op Let 76-56 | Coverage | Plan must be communicated to eligible participants to be tax qualified and a Title IV covered plan. | 2-28-2020 |
| Opinion Letter 76-57 | 4-26-1976 | PBGC Op Let 76-57 | Coverage | Plan has not met conditions for coverage since ERISA enacted; Title IV doesn’t apply to the termination of the plan. | 2-28-2020 |
| Opinion Letter 76-58 | 4-29-1976 | PBGC Op Let 76-58 | Coverage, Individual account plan | Plan is an Individual account plan and is not a covered plan under Title IV. | 2-28-2020 |
| Opinion Letter 76-60 | 4-30-1976 | PBGC Op Let 76-60 | Residual assets | Any amendment to a terminating or terminated plan to allow a return of excess plan assets to the employer conflicts with direct statutory provisions and legislative intent. | 2-28-2020 |
| Opinion Letter 76-61 | 4-30-1976 | PBGC Op Let 76-61 | Coverage, Professional service employer plan | A physician-owned company is a professional service employer plan. | 2-28-2020 |
| Opinion Letter 76-63 | 5-6-1976 | PBGC Op Let 76-63 | Coverage, tax qualification | Plan is a pay as you go plan. Plan is not tax qualified and thus is not covered under Title IV. | 2-28-2020 |
| Opinion Letter 76-69 | 5-19-1976 | PBGC Op Let 76-69 | Benefit guarantee | Terminated, vested benefits are guaranteed when all conditions under the plan necessary to establish entitlement to the benefit at a specified age are satisfied even though participant has yet to attain retirement age on the date of plan termination. | 2-28-2020 |
| Opinion Letter 76-70 | 5-24-1976 | PBGC Op Let 76-70 | Termination, Allocation of assets | Discusses mechanics of converting defined benefit plan to an individual account plan. | 2-28-2020 |
| Opinion Letter 76-72 | 5-28-1976 | PBGC Op Let 76-72 | Benefit guarantee | Provides that because guaranteed benefits are determined at time of plan termination, a clause in a plan that provides for the cessation of benefits in pay status of participants who violate prohibitions against certain competitive employment will be determined at such time that the clause becomes applicable to a participant. | 2-28-2020 |
| Opinion Letter 76-73 | 6-2-1976 | PBGC Op Let 76-73 | Benefit guarantee | Reaffirms PBGC’s prior review of its determination that a severance benefit provided by the plan is not a guaranteed benefit because it is not a benefit that is payable as an annuity or one or more payments related thereto. | 2-28-2020 |
| Opinion Letter 76-74 | 6-3-1976 | PBGC Op Let 76-74 | Coverage | Plan is not an individual account plan. Plan is not be exempt from Title IV coverage. | 2-28-2020 |
| Opinion Letter 76-76 | 6-8-1976 | PBGC Op Let 76-76 | Termination | Addresses a plan’s notice of intent to terminate, date of plan termination, and the ability to terminate the plan by agreement. | 2-28-2020 |
| Opinion Letter 76-85 | 6-21-1976 | PBGC Op Let 76-85 | Benefit guarantee | PBGC is precluded from guaranteeing expanded benefits to which participants would become entitled to (become nonforfeitable) upon the plan’s termination. | 2-28-2020 |
| Opinion Letter 76-86 | 6-25-1976 | PBGC Op Let 76-86 | Coverage, Individual account plan | Plan is not an Individual account. Plan is not exempt from Title IV coverage. | 2-28-2020 |