Guidance Document Database

PBGC will look to the terms of the plan documents in determining whether a benefit is nonforfeitable.

Addresses the joint employer doctrine under the National Labor Relations Act and whether a company that leased employees from an outsourcing firm that was a contributing employer to a multiemployer plan, and that was required to contribute to the plan as a "joint employer" with the outsourcing firm, would be subject to withdrawal liability if its obligation to contribute permanently ceased.

Addresses the distinction between a non-binding estimated withdrawal liability assessment for informational purposes and an "actual" withdrawal liability assessment.

Review of rules governing partial withdrawal as applied to sale of some facilities under CBA.

Plan covered by Railroad Retirement Act financed by contributions required under the Act is not covered by title IV.

Provides that a multiemployer plan may not declare an employer to be in default during the statutory 90-day period within which the employer may request review of a withdrawal liability assessment.

Once a plan is determined to be qualified by IRS, it is qualified for purposes of Title IV until qualification is revoked.

Tribal plan meets the Governmental plan coverage exemption.

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.

Addresses the determination of an employer's withdrawal date when the employer ceases to contribute because of a strike and is covered by the labor dispute exemption until a subsequent plan year when the labor dispute exemption expires.

PBGC’s plan termination insurance program covers retirees in pay status.

Discusses the method used by PBGC to calculate interest on premium underpayments.

An annuity contract owned by a pension plan is the plan asset, not the assets held by the insurer under the contract. Because benefits payable under the annuity contract are revocable upon termination, assets held under the contract are included in the value of the contract.

PBGC guarantees basis plan benefits only and does not guarantee the payment of non-basic plan benefits. 

Employer created by state law is a political subdivision of state with authority to tax. Plan meets the Governmental plan exemption from coverage.

The obligation to pay premiums ceases when plan assets are distributed under priority categories 1- 6 without regard to whether there are residual assets.

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.

Not appropriate to charge against plan assets legal fees arising from plan termination.

Once irrevocable commitments are purchased, PBGC no longer guarantees the benefits.

Company owners are physicians and company provides medical services. Plan is exempt as a Professional Servicer Employer plan.

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.

Plan meets the Substantial Owner plan coverage exemption.

A plan maintained by a public agency or political subdivision which has been taken over from a private business is excluded from coverage.

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.

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.