Guidance documents database

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.

River pilot is not a professional individual for purposes of the Professional Service Employer exemption.

Whether the language in a plan document providing for the reversion of residual assets to the employer complies with the law.

Plan that is tax-qualified under IRC 401(a) is covered by Title IV.

Plan does not meet the Governmental plan exemption from coverage.

Plan is not an individual account plan. Plan is not be exempt from Title IV coverage.

Pending regulations, plans have the ability to adopt reasonable rules to abate an employer’s withdrawal liability.

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.

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.

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).

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.

For a chain of food stores, a single store is ordinarily a “facility” for purposes of section 4217 of ERISA.

Answers common questions on liability and notice requirements following a substantial cessation of operations.

PBGC’s plan termination insurance program covers retirees in pay status.

Discusses the method used by PBGC to calculate interest on premium underpayments.

An annuity contract owned by a pension plan is the plan asset, not the assets held by the insurer under the contract. Because benefits payable under the annuity contract are revocable upon termination, assets held under the contract are included in the value of the contract.

PBGC guarantees basis plan benefits only and does not guarantee the payment of non-basic plan benefits. 

Employer created by state law is a political subdivision of state with authority to tax. Plan meets the Governmental plan exemption from coverage.

The obligation to pay premiums ceases when plan assets are distributed under priority categories 1- 6 without regard to whether there are residual assets.

Addresses the calculation of reallocation liability when calculating withdrawal liability under the "presumptive method" and whether to include the unfunded vested benefits of an employer that is subject to the construction rule.

Not appropriate to charge against plan assets legal fees arising from plan termination.

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

Company owners are physicians and company provides medical services. Plan is exempt as a Professional Servicer Employer plan.

Original plan is a Title IV covered plan. Successor plan is also a Title IV covered plan. Successor plan does not qualify as an exempt plan under the Professional Service plan exemption even though successor plan has fewer than 25 employees.

Plan meets the Substantial Owner plan coverage exemption.