Guidance Document Database

Conditions under which PBGC would allow a company to restore its pension plan after filing a notice to terminate.

Addresses how to reduce withdrawal liability for liability already assessed for a previous partial withdrawal. PBGC subsequently adopted a rule addressing the issue. (See 29 CFR part 4206.)

Plan meets the Nonresident Alien plan coverage exemption. All plan participants and records regarding plan located in Hong Kong.

Plan meets the Governmental plan coverage exemption.

Implementation Guidelines do not apply to split-up of pension plan, with subsequent termination of one plan and reversion of excess assets.

Plan is not an Individual account. Plan is not exempt from Title IV coverage.

Premiums may be paid from the plan's assets or the employer's assets.

Denies a Notice of Intent to Terminate on the basis that the plan did not intend to provide for annuity purchase for actives, instead spinning them off into a new plan.

Addresses the definition of the term "building and construction industry" for purposes of the construction industry exception to withdrawal.

Addresses ambiguities and how PBGC will resolve them in the application of the phase-in of guaranteed benefits.

Plan is a pay as you go plan. Plan is not tax qualified and thus is not covered under Title IV.

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

Addresses the contribution periods used in calculating an employer’s allocable share of a multiemployer plan’s unfunded vested benefits for the last plan year ending before April 29, 1980.

Addresses the bond requirement under section 4204 in the event the seller liquidates or distributes its assets subsequent to the sale.

Addresses whether a partial withdrawal occurs when an employer that operates two terminals in a metropolitan area, each under a separate collective bargaining agreement requiring contributions to the same multiemployer plan, closes one terminal but continues to perform the work of the closed terminal through the remaining terminal and other outlying terminals.

Addresses the proper method for determining withdrawal liability when the liable employer is a group of trades or businesses under common control within the meaning of section 4001.

Employer providing consulting services in bio-mechanics, forensic physics, traffic reconstruction, injury analysis, and automotive and traffic safety is a Professional Services Employer and is exempt under Title IV.

Addresses the definition of employer in the context of building cleaners at an office building.

Amendment of a plan from a defined benefit plans to an individual account plan results in the plan’s termination.

Addresses calculation of withdrawal liability for a "joint employer” that is no longer required to contribute.

Plan must be communicated to eligible participants to be tax qualified and a Title IV covered plan.

Plan administrator must allocate assets to participant receiving early retirement benefits and may not allocate assets to participants whose benefit claims had been fully satisfied prior to termination of plan.

Plan of Canadian company with mostly Canadian participants is not covered under Title IV.

Benefits which became vested solely on account of termination are not guaranteed.

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.