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 |
---|---|---|---|---|---|
SFA Assumptions Guidance - Updated November 1, 2023 | 11-1-2023 | PBGC SFA 23-01 | Special financial assistance, Multiemployer | Provides guidelines for changes to certain assumptions that multiemployer plans may use for purposes of determining eligibility for special financial assistance (SFA) and the amount of SFA. |
11-1-2023 |
American Rescue Plan Act FAQs | 7-16-2024 | PBGC Web | Special financial assistance, Multiemployer | Answers common questions about PBGC’s Special Financial Assistance program. |
7-16-2024 |
Preguntas Frecuentes sobre la Ley del Plan de Rescate Estadounidense | 7-16-2024 | PBGC Web | Special financial assistance, Multiemployer | 7-16-2024 | |
PBGC to Expand COVID-19 Relief, Support Economic Recovery | 9-21-2020 | PBGC PR 20-04 | Premiums | Announcement of relief that will generally enable plan sponsors to take advantage of the CARES Act contribution due date extension and still ultimately pay the same variable-rate premium they would have owed had those contributions been made by the regular contribution due date. |
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4262 IFR Final Posted | 7-9-2021 | PBGC SFA 21-01 | Special financial assistance, Multiemployer | Sets forth the requirements for special financial assistance applications and related restrictions and conditions pursuant to the American Rescue Plan Act of 2021. |
7-9-2021 |
SFA Assumptions Guidance - Updated July 11, 2022, Superseded as of January 3, 2023 | 7-11-2022 | PBGC SFA 22-07 | Special financial assistance, Multiemployer | Provides guidelines for changes to certain assumptions that multiemployer plans may use for purposes of determining eligibility for special financial assistance (SFA) and the amount of SFA. |
7-11-2022 |
Qualified Domestic Relations Orders and PBGC | 2-1-2019 | PBGC Web 011 | Domestic Relations Orders | General information on submitting domestic relations orders to PBGC after PBGC becomes trustee of a terminated pension plan and the procedures PBGC follows to determine whether an order is a qualified domestic relations order |
2-28-2020 |
Orden Judicial Calificada de Relaciones Domésticas (QDRO, siglas en inglés) | 2-1-2019 | PBGC Web 011 | Domestic Relations Orders | 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 |
Opinion Letter 85-16 | 6-3-1985 | PBGC Op Let 85-16 | Partial Withdrawal, Multiemployer, Withdrawal Liability | Addresses whether or not an 18-month contribution holiday is a partial withdrawal. |
2-28-2020 |
Opinion Letter 87-12 | 10-27-1987 | PBGC Op Let 87-12 | Transfer of liability, Multiemployer, Withdrawal Liability | Addresses effects on withdrawal liability of a proposed transfer of benefit liabilities from a multiemployer plan to a single-employer plan. |
2-28-2020 |
Opinion Letter 83-15 | 7-7-1983 | PBGC Op Let 83-15 | Termination | Look to plan documents to determine plan administrator |
2-28-2020 |
Opinion Letter 75-32 | 12-31-1975 | PBGC Op Let 75-32 | Plan assets, Allocation of assets | Assets intended to fund insurance company annuities, but which are retained by the plan are subject to allocation procedures. |
2-28-2020 |
Opinion Letter 80-12 | 6-9-1980 | PBGC Op Let 80-12 | Professional service employer plan, Coverage | Real estate broker is not a professional individual for purposes of the Professional Service Employer plan exemption. |
2-28-2020 |
Opinion Letter 85-18 | 7-24-1985 | PBGC Op Let 85-18 | Multiemployer, Withdrawal Liability | Corrects opinion letter 85-1 and addresses calculation of withdrawal liability installment payments other than on a quarterly schedule. |
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 77-154 | 7-21-1977 | PBGC Op Let 77-154 | Coverage | “Licensed” or “registered” engineers are “public” engineers under ERISA 4021(c)(2)(B) and the plan is exempt under the Professional Service Employer plan exemption. |
2-28-2020 |
Opinion Letter 88-02 | 3-22-1988 | PBGC Op Let 88-02 | Construction industry, sale of assets, Multiemployer, Withdrawal Liability | Addresses applicability to construction industry employers of the sale-of-assets limitation on withdrawal liability. |
2-28-2020 |
Opinion Letter 82-28 | 10-15-1982 | PBGC Op Let 82-28 | Termination | Whether the method of distribution proposed for a plan is acceptable when the plan administrator is terminating its DB plan and creating a DC plan. |
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 75-41 | 5-13-1975 | PBGC Op Let 75-41 | Governmental plan, Coverage | To be excluded from coverage, all employees covered by the plan must be public employees and the political subdivision must be the plan sponsor. |
2-28-2020 |
Opinion Letter 81-31 | 9-22-1981 | PBGC Op Let 81-31 | Governmental plan, Coverage | Plan meets the Governmental plan coverage exemption. |
2-28-2020 |
Opinion Letter 88-07 | 5-2-1988 | PBGC Op Let 88-07 | sale of assets, Multiemployer, Withdrawal Liability | Addresses the “unrelated party” requirement for the sale of assets exception to withdrawal liability. |
2-28-2020 |
Opinion Letter 86-12 | 5-23-1986 | PBGC Op Let 86-12 | Partial Withdrawal, Multiemployer, Withdrawal Liability | Addresses calculation of the annual withdrawal liability payment amount of an employer that incurred successive partial withdrawals. PBGC subsequently adopted a rule addressing the issue. (See 29 CFR part 4206.) |
2-28-2020 |
Opinion Letter 86-20 | 9-29-1986 | PBGC Op Let 86-20 | Multiemployer, Withdrawal Liability | Addresses abatement rules for employers that reenter a multiemployer plan. |
2-28-2020 |