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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.

Titlesort descending Issuance Date Agency Identifier Topics Summary Posted Date
Opinion Letter 81-20 7-15-1981 PBGC Op Let 81-20 Reportable events, Determination of plan sufficiency, Termination The sale by a parent corporation with a division that maintains a pension plan with nonforfeitable benefits which are not funded of $1 million or more of an incorporated subsidiary, irrespective of its relative size, results in a reportable event. 2-28-2020
Opinion Letter 81-23 8-14-1981 PBGC Op Let 81-23 Coverage, Governmental plan Plan meets the Governmental plan coverage exemption. 2-28-2020
Opinion Letter 81-24 8-21-1981 PBGC Op Let 81-24 Residual assets Addresses the distribution of residual assets to an employer. 2-28-2020
Opinion Letter 81-26 8-24-1981 PBGC Op Let 81-26 Residual assets Addresses the distribution of residual assets to an employer. 2-28-2020
Opinion Letter 81-27 8-28-1981 PBGC Op Let 81-27 Multiemployer, Bargaining representative Addresses the special rules governing a transfer between multiemployer plans where an employer withdraws from a plan because the union bargaining with that employer has been changed as a result of the certification of a different union. 2-28-2020
Opinion Letter 81-28 8-31-1981 PBGC Op Let 81-28 Multiemployer, Premiums Discusses premium payment obligations under specific circumstances. 2-28-2020
Opinion Letter 81-30 9-22-1981 PBGC Op Let 81-30 Coverage, Governmental plan Plan meets the Governmental plan coverage exemption. 2-28-2020
Opinion Letter 81-31 9-22-1981 PBGC Op Let 81-31 Coverage, Governmental plan Plan meets the Governmental plan coverage exemption. 2-28-2020
Opinion Letter 81-32 9-25-1981 PBGC Op Let 81-32 Multiemployer, Withdrawal, Asset Sale Exception Regards a statutory provision under which a contributing employer to a multiemployer plan that sells its assets to an unrelated buyer does not withdraw from the plan if (among other things) the buyer posts a bond or escrow for 5 years and the sales contract makes the seller secondarily liable if the buyer withdraws during the 5 plan years after the sale. This opinion letter addresses whether the buyer may escrow a letter of credit instead of cash. 2-28-2020
Opinion Letter 81-33 9-22-1981 PBGC Op Let 81-33 Multiemployer, Construction industry Addresses the definition of “building and construction industry” and explains that the term should be given the same meaning as it has under the Taft-Hartley Act. 2-28-2020
Opinion Letter 81-34 9-18-1981 PBGC Op Let 81-34 Multiemployer, Merger Merger/transfer rules do not apply to merger of a welfare fund and pension fund. 2-28-2020
Opinion Letter 81-35 10-26-1981 PBGC Op Let 81-35 Benefit guarantee Addresses the calculation of guaranteed benefits; PBGC measures benefits using plan factors at date of plan termination. 2-28-2020
Opinion Letter 81-37 11-16-1981 PBGC Op Let 81-37 Coverage, Governmental plan Plan meets the Governmental plan coverage exemption. 2-28-2020
Opinion Letter 81-38 11-18-1981 PBGC Op Let 81-38 Termination Initial determination that notice of intent to terminate not valid where not issued by plan administrator, where company argued it was de facto plan administrator but plan clearly identified board to be created as plan administrator. 2-28-2020
Opinion Letter 81-40 12-9-1981 PBGC Op Let 81-40 Coverage, Governmental plan Plan does not meet the Governmental plan coverage exemption. 2-28-2020
Opinion Letter 81-41 12-16-1981 PBGC Op Let 81-41 Multiemployer, Withdrawal Liability, Employer Discusses the definition of “employer” in the context of withdrawal liability and how it applies to a group of trades or businesses under common control; addresses the rules governing partial withdrawals. 2-28-2020
Opinion Letter 81-9 4-30-1981 PBGC Op Let 81-9 Successor liability Asset purchaser assuming some pension plans not successor corporation to the seller with respect to plans left with the seller; purchaser is liable for plans it assumed; liability to PBGC is not limited by any agreement between seller and purchaser as to the amount of liability purchaser was willing to assume. 2-28-2020
Opinion Letter 82-01 1-19-1982 PBGC Op Let 82-1 Coverage, Professional service employer plan Pharmacist is a professional individual for purposes of the Professional Service Employer plan exemption. 2-28-2020
Opinion Letter 82-02 1-27-1982 PBGC Op Let 82-2 Multiemployer, Withdrawal, Partial Withdrawal Addresses what may constitute a complete or partial withdrawal from a multiemployer plan as a result of certain events occurring during contract negotiations; addresses the labor dispute exemption from withdrawal liability. 2-28-2020
Opinion Letter 82-03 2-2-1982 PBGC Op Let 82-3 Coverage, Church plans Plan meets the Church plan coverage exemption. 2-28-2020
Opinion Letter 82-04 2-10-1982 PBGC Op Let 82-04 Multiemployer, Withdrawal Addresses whether a corporation that has an obligation to contribute to a multiemployer plan withdraws from the plan if the corporation's parent sells its shares. 2-28-2020
Opinion Letter 82-05 2-18-1982 PBGC Op Let 82-5 Multiemployer, Partial Withdrawal Discusses partial withdrawals from a multiemployer plan. 2-28-2020
Opinion Letter 82-08 3-25-1982 PBGC Op Let 82-08 Multiemployer, Withdrawal Liability, Unrelated buyer 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. 2-28-2020
Opinion Letter 82-09 3-26-1982 PBGC Op Let 82-09 Multiemployer, Withdrawal Liability, Construction industry Addresses the definition of the term "building and construction industry" for purposes of the construction industry exception to withdrawal. 2-28-2020
Opinion Letter 82-10 3-26-1982 PBGC Op Let 82-10 Multiemployer, Mass Withdrawal Addresses a plan sponsor’s obligations when a plan terminates by mass withdrawal, including the payment of benefits to participants in a terminated plan. 2-28-2020

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