Guidance Document Database

Disability benefits guaranteed where participants satisfied plan conditions necessary to receive the benefit before the date of plan termination.

Employer’s principal business is the installation of cathodic protection systems, employer is not a Professional Service Employer and plan is covered under Title IV.

Provides that PBGC approval is not required for a multiemployer plan to adopt a different statutory allocation method for unfunded vested benefits. However, PBGC approval is required for the adoption of an alternative allocation method (i.e. any method other than the four statutory methods).

A plan sponsored by a political subdivision that has taxing power is excluded from coverage.

Any amendment to a terminating or terminated plan to allow a return of excess plan assets to the employer conflicts with direct statutory provisions and legislative intent.

Addresses post-termination distribution of a multiemployer plan's assets when participants are missing.

A plan did not properly terminate and does not fit the exemption from Title IV coverage for plans that do not provide for employer contributions.

Plans maintained by instrumentalities of the Federal government are exempt from coverage under the Governmental plan coverage exemption.

Addresses the definition of the term “assets” for the purpose of the sale-of-assets exception to withdrawal.

Licensed veterinarians are “licensed practitioners of the healing arts” for purposes of the Professional Service Employer plan exemption.

Discusses the conditions under which a plan administrator would be subject to personal liability to cover unpaid premiums.

A successor plan’s tax-qualified status cannot be attributed to another, non-qualified plan, and the phase-in of PBGC’s guarantee begins only when the plan is covered.

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

Plans found not to be successor plans where there is a clear delineation of separate plans maintained by separate employers with the phase-in of guaranteed benefits beginning at the later of the adoption date or effective date of each plan.

Addresses whether an employer who contributes to a multiemployer plan withdraws from the plan as a consequence of forming a wholly owned subsidiary which assumes all of its obligations to the plan.

A retirement arrangement is not covered plan under Title IV because it is not tax qualified.

Addresses interest factors applicable to withdrawal liability installments paid other than quarterly.  Corrected by Opinion Letter 85-18.

PBGC’s position on guaranty of death benefit.

Funds contributed to a plan whether paid directly by the local union maintaining it or indirectly through deductions from membership dues are employer contributions and the plan is covered under Title IV

Addresses the special rules governing a transfer between multiemployer plans where an employer withdraws from a plan because the union bargaining with that employer has been changed as a result of the certification of a different union.

Addresses whether a contributing employer to a multiemployer plan withdraws by subcontracting out its work to another contributing employer such that contributions are unaffected.

Church plan status is determined by the IRS, must get an IRS ruling on church plan status.

Discusses considerations PBGC would apply in determining whether parent-subsidiary group created a single plan or multiple separate plans managed under a single trust.

A plan with a participant who is the sole stockholder meets the Substantial Owner exemption from plan coverage under Title IV.

Discusses successor plan requirements.