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Guidance Document Database
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 comment on an existing guidance document, please submit your comment, 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, 445 12th Street, SW, Washington, DC 20024-2101.
Title | Issuance Date | Agency Identifier (indexed field) | Topics | Summary | Posted Date |
---|---|---|---|---|---|
Opinion Letter 75-2 | 4-4-1975 | PBGC Op Let 75-2 | Individual account plan, Coverage | Individual account plan is exempt from coverage under Title IV. |
2-28-2020 |
Opinion Letter 78-17 | 7-17-1978 | PBGC Op Let 78-17 | Individual account plan, Coverage | Defined benefit plan was not terminated before enactment of ERISA and is covered by Title IV. |
2-28-2020 |
Opinion Letter 86-03 | 2-14-1986 | PBGC Op Let 86-3 | Residual assets, Allocation of assets | PBGC cannot approve a transaction that would allow an employer to recover excess assets without termination. |
2-28-2020 |
Opinion Letter 83-19 | 8-11-1983 | PBGC Op Let 83-19 | Multiemployer, Withdrawal Liability | Addresses whether, under the presumptive method of allocating withdrawal liability, if a plan's assets exceed its vested liabilities, the unfunded vested benefit amount is zero. |
2-28-2020 |
Opinion Letter 82-05 | 2-18-1982 | PBGC Op Let 82-5 | Partial Withdrawal, Multiemployer | Discusses partial withdrawals from a multiemployer plan. |
2-28-2020 |
Opinion Letter 77-141 | 4-28-1977 | PBGC Op Let 77-141 | Benefit guarantee | Actuarially equivalent monthly benefit of a lump sum benefit is guaranteed. |
2-28-2020 |
Opinion Letter 76-111 | 9-16-1976 | PBGC Op Let 76-111 | Employer liability | Asset purchaser assuming some plans was not a successor corporation for plans that it did not assume. |
2-28-2020 |
Opinion Letter 89-02 | 2-14-1989 | PBGC Op Let 89-02 | Reciprocity agreement, Multiemployer, Withdrawal Liability | Addresses (1) whether transfers of contributions between multiemployer plans under a reciprocity agreement are covered by rules on transfers of assets; and (2) whether a reciprocity agreement can create withdrawal liability obligations. |
2-28-2020 |
Opinion Letter 95-02 | 8-18-1995 | PBGC Op Let 95-02 | Construction industry, Multiemployer | Addresses the interpretation of the special rule for partial withdrawals for certain employers and plans in the building and construction industry. |
2-28-2020 |
Opinion Letter 91-04 | 5-3-1991 | PBGC Op Let 91-4 | Benefits | A plan sponsor has no liability for the benefits in a terminated plan that were provided to plan participants through the distribution of irrevocable commitments purchased from an insurance company. |
2-28-2020 |
Opinion Letter 81-07 | 4-2-1981 | PBGC Op Let 81-7 | tax qualification, Coverage, Benefit guarantee | Following a restructuring of three pension plans maintained by one company, each restructured plan remains a Title IV covered plan, each plan qualifies as a successor plan, and the plan sponsor would be liable to PBGC for any funding deficiency at termination. |
2-28-2020 |
Opinion Letter 80-15 | 6-20-1980 | PBGC Op Let 80-15 | Professional service employer plan, Coverage | River pilot is not a professional individual for purposes of the Professional Service Employer exemption. |
2-28-2020 |
Opinion Letter 78-2 | 2-21-1978 | PBGC Op Let 78-2 | Residual assets, Allocation of assets | Whether the language in a plan document providing for the reversion of residual assets to the employer complies with the law. |
2-28-2020 |
Opinion Letter 74-18 | 12-5-1974 | PBGC Op Let 74-18 | tax qualification, Coverage | Plan that is tax-qualified under IRC 401(a) is covered by Title IV. |
2-28-2020 |
Opinion Letter 96-02 | 7-8-1996 | PBGC Op Let 96-2 | Governmental plan, Coverage | Plan does not meet the Governmental plan exemption from coverage. |
2-28-2020 |
Opinion Letter 85-06 | 2-1-1985 | PBGC Op Let 85-6 | Premiums | Each plan of an employer is obligated to pay premiums to PBGC when an individual participant actively earns service credit in multiple plans of the employer. |
2-28-2020 |
Opinion Letter 76-74 | 6-3-1976 | PBGC Op Let 76-74 | Coverage | Plan is not an individual account plan. Plan is not be exempt from Title IV coverage. |
2-28-2020 |
Opinion Letter 83-17 | 8-1-1983 | PBGC Op Let 83-17 | Multiemployer, Withdrawal Liability | Pending regulations, plans have the ability to adopt reasonable rules to abate an employer’s withdrawal liability. |
2-28-2020 |
Opinion Letter 87-04 | 2-26-1987 | PBGC Op Let 87-4 | Suspension, Termination | For PBGC to suspend a plan termination, PBGC must be advised timely and in writing that a formal challenge has been initiated asserting that the termination violates an existing collective bargaining agreement. |
2-28-2020 |
Opinion Letter 90-04 | 8-3-1990 | PBGC Op Let 90-04 | Multiemployer, Benefit guarantee, Withdrawal Liability | Addresses whether interest rate changes subsequent to the mass withdrawal valuation date may be considered in determining the reallocation liability upon a mass withdrawal. It also addresses the burden of proof a multiemployer plan must satisfy to show an amendment increasing benefits was adopted earlier than the formal date of adoption which would make payment of the benefit increase covered by the PBGC guarantee. |
2-28-2020 |
Opinion Letter 77-152 | 7-13-1977 | PBGC Op Let 77-152 | Governmental plan, Coverage | Plan of municipal corporation designated by constitution as political subdivision of state and having taxing power is a Governmental plan exempt under ERISA 4021(b)(2). |
2-28-2020 |
Opinion Letter 85-29 | 12-5-1985 | PBGC Op Let 85-29 | Avoidance transactions, Controlled groups, Multiemployer, Withdrawal Liability | Addresses whether certain corporate transactions would trigger withdrawals and discusses whether these corporate transactions may be disregarded under the evade or avoid provision of the law. |
2-28-2020 |
Opinion Letter 82-33 | 10-28-1982 | PBGC Op Let 82-33 | Definition of, Multiemployer | For a chain of food stores, a single store is ordinarily a “facility” for purposes of section 4217 of ERISA. |
2-28-2020 |
Opinion Letter 82-19 | 7-21-1982 | PBGC Op Let 82-19 | Termination, Multiemployer | When a defined benefit multiemployer plan merges into a defined contribution annuity plan, the multiemployer plan terminates; addresses the rules and procedures governing distribution of the assets of a terminated multiemployer plan. |
2-28-2020 |
Opinion Letter 86-06 | 3-11-1986 | PBGC Op Let 86-06 | sale of assets, Multiemployer | Considers the timing of the bond/escrow requirement in a sale of assets and requests that PBGC grant a waiver of the bond/escrow and contract language requirements. |
2-28-2020 |