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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 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.
Title |
Issuance Date | Agency Identifier | Topics | Summary | Posted Date |
|---|---|---|---|---|---|
| Opinion Letter 74-19 | 12-13-1974 | PBGC Op Let 74-19 | Coverage | A tax qualified defined benefit plan is covered. | 2-28-2020 |
| Opinion Letter 74-18 | 12-5-1974 | PBGC Op Let 74-18 | Coverage, tax qualification | Plan that is tax-qualified under IRC 401(a) is covered by Title IV. | 2-28-2020 |
| Opinion Letter 74-17 | 11-14-1974 | PBGC Op Let 74-17 | Coverage, Individual account plan, Professional service employer plan | Professional service employer plans and individual account plans are excluded from coverage. | 2-28-2020 |
| Opinion Letter 74-16 | 11-14-1974 | PBGC Op Let 74-16 | Coverage | Plans funded exclusively by individual insurance or annuity policies are exempt from coverage under Title IV. | 2-28-2020 |
| Opinion Letter 74-15 | 11-13-1974 | PBGC Op Let 74-15 | Coverage, tax qualification | Tax qualified defined benefit plans are generally covered under Title IV. | 2-28-2020 |
| Opinion Letter 74-14 | 11-13-1974 | PBGC Op Let 74-14 | Coverage, tax qualification | Plans that are tax-qualified under IRC 401(a) are covered by Title IV. Plans funded by flexible annuity policies may or may not be designed to achieve a defined benefit objective. | 2-28-2020 |
| Opinion Letter 74-10 | 11-8-1974 | PBGC Op Let 74-10 | Premiums | Premiums may be paid from the plan's assets or the employer's assets. | 2-28-2020 |
| Opinion Letter 74-08 | 12-23-1974 | PBGC Op Let 74-8 | Premiums, tax qualification | A plan is covered for purposes of premium payments on the later of the date of establishment or the effective date. | 2-28-2020 |
| Opinion Letter 74-06 | 11-14-1974 | PBGC Op Let 74-6 | Coverage, Nonresident aliens | Plan is not exempt from coverage under Title IV because of Canadian participants. | 2-28-2020 |
| Opinion Letter 74-05 | 11-8-1974 | PBGC Op Let 74-5 | Coverage, Individual account plan | Profit sharing plan is an Individual account plan which is exempt from coverage under Title IV. | 2-28-2020 |
| Opinion Letter 74-03 | 11-14-1974 | PBGC Op Let 74-3 | Coverage, Individual account plan | Title IV excludes a defined benefit plan to the extent it is treated as an Individual account plan under 1002(35)(B). | 2-28-2020 |
| Opinion Letter 02-1 | 12-10-2002 | PBGC Op Let 02-1 | Restoration | PBGC has no legal authority to terminate and then restore a pension plan in order to implement more lenient funding requirements for the successor plan. | 2-28-2020 |
| Opinion Letter 01-2 | 3-16-2001 | PBGC Op Let 2001-2 | Multiemployer, Contributing employer | Addresses whether a multiemployer plan with only one remaining contributing employer continues to be a multiemployer plan. | 2-28-2020 |
| Opinion Letter 00-01 | 1-27-2000 | PBGC Op Let 00-1 | Multiemployer, Withdrawal Liability | The sponsor of a multiemployer plan, other than a plan that primarily covers employees in the building and construction industry, may adopt any of the statutory allocation methods and any of the modifications set forth in §§ 4211.12 and 4211.13, without PBGC’s approval. PBGC will not opine on whether such adoption is consistent with trustees’ fiduciary duties. | 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 |
| Multiemployer Insolvent Plan Administrative Expense FAQs | 8-24-2017 | PBGC Web 005 | Multiemployer | Answers common questions about reasonable administrative expenses of insolvent multiemployer plans. | 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 |
| 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 | Standard termination, PPA, Lump sum | 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 |
| 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 |
| Frequently Asked Questions About ERISA 4062(e) | 12-6-2019 | PBGC Web 002 | Substantial cessation of operations | Answers common questions on liability and notice requirements following a substantial cessation of operations. | 2-28-2020 |
| FOIA | 12-16-2019 | PBGC Web 015 | Freedom of Information Act | PBGC’s Freedom of Information Act Guide | 2-28-2020 |
| Extended Due Date for Inclusion of Prior Year Contributions | 9-23-2020 | PBGC TU 20-2 | Premiums | This Technical Update provides guidance and relief related to the timing of contribution receipts includable in the asset value used to determine variable rate premiums due in 2020. | 9-23-2020 |
| Disaster Relief Announcements Archive | 6-28-2018 | PBGC Web 012 | Disaster Relief Announcements Archive | PBGC disaster relief announcements from 2013-2018. | 2-28-2020 |
| Disaster Relief | 7-2-2018 | 83 FR 30991 | Disaster relief | PBGC's disaster relief is available when the Internal Revenue Service issues disaster relief for taxpayers that includes filing extensions for the Form 5500 series. Also, for premium filings no late payment interest charges will be assessed for the disaster relief period. | 2-28-2020 |
| COVID-19-Related Single-Employer Plan Sponsors and Administrators Questions and Answers | 7-20-2020 | PBGC Web 016 | Reportable events, Premiums, Termination, Early Warning | Answers questions related to plan sponsor obligations and PBGC operations in light of the Coronavirus Aid, Relief, and Economic Security (CARES) Act and the COVID-19 pandemic. | 7-20-2020 |