Guidance Document Database

Termination is not subject to the spin-off/termination requirements of the implementation guidelines involving asset reversions since no assets will revert to the plan sponsor.

All affected parties may submit comments to PBGC on a proposed distress termination.

Embalmer and funeral director is not a professional individual for purposes of the Professional Service Employer plan exemption.

Welfare plans are not covered under Title IV.

Addresses the distribution of residual assets to an employer.

A restated plan document created an aggregate of single plans and not a single pension plan, with a valid allocation of assets among those separate plans.

Profit sharing plans are excluded from coverage under Title IV.

Addresses whether a multiemployer plan with only one remaining contributing employer continues to be a multiemployer plan.

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.

Addresses the circumstances under which a bankruptcy proceeding may give rise to withdrawal liability.