Guidance Document Database

Discusses whether the sale of stock constitutes a withdrawal from a multiemployer plan and whether the sale of assets rule applies.

Plan of an entity chartered by the US Congress does not meet the Governmental plan coverage exemption.

Absence of provision in plan allowing reversion of excess plan assets to the employer means that the requirements for reversion of excess assets to employer not met.

Plan is governed by laws of Virgin Islands. Plan is not a qualified plan and is exempt from coverage under Title IV.

Addresses (1) whether vested ancillary benefits may be included in the calculation of unfunded vested benefits; (2) the meaning of "nonforfeitable benefit"; (3) what actuarial assumptions may be used to calculate unfunded vested benefits.

Addresses the rules governing the transfer of assets from multiemployer plan to single-employer plan; addresses the withdrawal liability consequences of transferring assets to a single employer plan.

PBGC accepted the withdrawal of a plan’s notice of intent to terminate because employers would continue to make contributions pursuant to their collective bargaining agreements and the plan participants would continue to receive credit under the plan for service with contributing employers.

Title IV excludes a defined benefit plan to the extent it is treated as an Individual account plan under 1002(35)(B).

A plan maintained by a union and funded only by contributions from union members is not covered under Title IV

A physician-owned company is a professional service employer plan.

Plan does not meet the Governmental plan coverage exemption.

Addresses the distribution of residual assets to an employer.

Individual account plan is exempt from coverage

Following plan terms, the plan may be charged for reasonable termination-related expenses for which the plan is responsible.

Discusses how pre-MPPAA withdrawals affect the calculation of the annual withdrawal liability payment.

Addresses determining the date of a construction industry employer's withdrawal from a multiemployer plan in the context of a labor dispute.

No plan termination occurred when subsidiaries ended plan participation.

Defined contribution plans are not covered plans under Title IV.

Addresses whether the amount of a multiemployer plan’s unfunded vested benefits may be retroactively corrected when a computational error resulted in overassessment and overpayment of withdrawal liability.

PBGC could not determine that an employer engaged in services different than those specified in 4021(c) was a professional service employer.

PBGC not subject to state divorce court; PBGC’s authority is limited by the terms of title IV of ERISA and therefore the PBGC cannot submit to the state court's jurisdiction.

Addresses variances from the bond/escrow and contract-language prerequisites to the asset sale exception to withdrawal.

A participant who has completed the requisite number of years of service and has attained retirement age has a nonforfeitable vested benefit in the plan, even if he has not ended his employment as the time of plan termination.

Addresses the calculation of withdrawal liability in a situation where several members of a controlled group have an obligation to contribute to the same multiemployer pension plan and are sold or liquidated in a series of transactions.

Economist is a professional individual for purposes of the Professional Service Employer plan coverage exemption.