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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 comment on an existing guidance document, please submit your comment, 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, 445 12th Street, SW, Washington, DC 20024-2101.
Title | Issuance Date | Agency Identifier (indexed field) | Topics | Summary | Posted Date |
---|---|---|---|---|---|
Requests to Review Multiemployer Plan Alternative Terms and Conditions to Satisfy Withdrawal Liability | 4-4-2018 | 83 FR 14524 | Multiemployer, Withdrawal Liability | Reviews information that PBGC finds helpful and factors that PBGC considers in reviewing multiemployer plan proposals for alternative terms and conditions to satisfy withdrawal liability. |
2-28-2020 |
Frequently asked questions about standard terminations | 1-28-2020 | PBGC Web 013 | Standard termination | Provides information on filing a standard termination, distribution of benefits, and standard termination audits |
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 |
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 | Benefit guarantee, Present value | Guidance on determining the present value of the maximum benefit guaranteed by PBGC. |
2-28-2020 |
Simplified Methods for Applying the Requirement to Disregard Benefit Reductions in Determining Withdrawal Liability - Multiemployer Pension Plans - Pension Protection Act of 2006 | 7-15-2010 | PBGC TU 10-3 | Multiemployer, Withdrawal Liability, Unfunded vested benefits, PPA | Provides simplified methods for the application of the statutory requirement that multiemployer plans in critical status disregard certain benefit reductions in determining the plan's unfunded vested benefits for purposes of determining an employer's withdrawal liability under section 4201 of ERISA. |
2-28-2020 |
Multiemployer Plans - Clarification of Schedule R (Form 5500) Instructions and Partial Reporting Relief for 2009 | 6-8-2010 | PBGC TU 10-1 | Annual reporting | Clarifies the Line 14 Instructions for the Schedule R (Form 5500) and provides partial reporting relief for completing Line 14 for the 2009 plan year. |
2-28-2020 |
Minimum Lump Sum Assumptions for Single-Employer Plans that Terminate in a Plan Year Beginning on or After January 1, 2008 | 12-31-2008 | PBGC TU 08-4 | Lump sum, Standard termination, PPA | Expands on guidance in Technical Update 07-3 on lump sum valuation issues for single-employer plans that terminate in a standard termination. Applies to plans that terminate on or after the effective date of certain amendments to the law as enacted by the Pension Protection Act of 2006 (PPA 2006) concerning how to apply the PPA 2006 changes in the interest rate and mortality table used in calculating minimum lump sum amounts. |
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 |
Risk Mitigation & Early Warning Program | 12-6-2019 | PBGC Web 004 | Early Warning, Risk Mitigation | Provides information about PBGC’s review of corporate transactions or events that may pose an increased risk to single-employer pension plans. |
2-28-2020 |
FOIA | 12-16-2019 | PBGC Web 015 | Freedom of Information Act | PBGC’s Freedom of Information Act Guide |
2-28-2020 |
FOIA | 12-16-2019 | PBGC Web 015 | Freedom of Information Act | 2-28-2020 | |
Premium Filing Due Date Change for 2025 Plan Years | 1-6-2025 | PBGC TU 25-1 | Premiums | Guidance on the timing of premium payments for plan years beginning in 2025, which, because of a provision in the Bipartisan Budget Act of 2015, are generally due a month earlier than the due date provided in PBGC’s Payment of Premiums regulation (29 CFR part 4007). |
1-24-2025 |
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 | Reallocation liability, Multiemployer, Withdrawal 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 77-151 | 7-21-1977 | PBGC Op Let 77-151 | legal fees, Termination | Not appropriate to charge against plan assets legal fees arising from plan termination. |
2-28-2020 |
Opinion Letter 90-03 | 4-24-1990 | PBGC Op Let 09-3 | Termination, annuities | Once irrevocable commitments are purchased, PBGC no longer guarantees the benefits. |
2-28-2020 |
Opinion Letter 74-26 | 11-14-1974 | PBGC Op Let 74-26 | Professional service employer plan, Coverage | Company owners are physicians and company provides medical services. Plan is exempt as a Professional Servicer Employer plan. |
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 88-09 | 12-6-1988 | PBGC Op Let 88-9 | Professional service employer plan, Coverage | Original plan is a Title IV covered plan. Successor plan is also a Title IV covered plan. Successor plan does not qualify as an exempt plan under the Professional Service plan exemption even though successor plan has fewer than 25 employees. |
2-28-2020 |
Opinion Letter 90-06 | 10-31-1990 | PBGC Op Let 90-6 | Professional service employer plan, Coverage | Plan meets the Substantial Owner plan coverage exemption. |
2-28-2020 |
Opinion Letter 75-44 | 12-8-1975 | PBGC Op Let 75-44 | “Established and maintained”, Governmental plan, Coverage | A plan maintained by a public agency or political subdivision which has been taken over from a private business is excluded from coverage. |
2-28-2020 |
Opinion Letter 85-22 | 9-11-1985 | PBGC Op Let 85-22 | Reciprocity agreement, Multiemployer | Addresses whether a reciprocity agreement operates to impose on certain employers and defined contribution pension plans the minimum contribution requirements or the withdrawal liability provisions of the law. |
2-28-2020 |
Opinion Letter 86-11 | 5-13-1986 | PBGC Op Let 86-11 | Overpayment of withdrawal liability, Multiemployer, Withdrawal Liability | Addresses whether a withdrawal liability overpayment must be refunded by a multiemployer plan sponsor to an employer where the plan sponsor subsequently discovers the underlying calculation error and the employer had failed to initiate the plan review and arbitration process. |
2-28-2020 |
Opinion Letter 77-166 | 10-7-1977 | PBGC Op Let 77-166 | Benefit guarantee | Because benefit increases became effective through collective bargaining agreements (not specific action by the Board of Trustees), PBGC looks to the adoption and effective dates of those agreements to apply the five-year phase-in rule. |
2-28-2020 |
Opinion Letter 74-20 | 12-5-1974 | PBGC Op Let 74-20 | Individual account plan, Coverage | Individual account plan is exempt from coverage under Title IV. |
2-28-2020 |