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Guidance Document Database

The documents listed below are PBGC’s guidance documents, as defined by EO 13891, sec. 2(b), see Federal Register Notice. 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. PBGC will only cite, use, or rely on any guidance that is not posted in this database to establish historical facts.

If you would like to request the withdrawal or modification of an existing guidance document, please submit your request, 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, 1200 K Street NW, Washington, DC 20005–4026. For additional information, see PBGC’s procedures for guidance documents.

Title Issuance Date Agency Identifier Topics Summary Posted Date
Opinion Letter 75-107 11-21-1975 PBGC Op Let 75-107 Coverage, Professional service employer plan Pharmacist is a professional individual for purposes of the Professional Service Employer plan exemption. 2-28-2020
Opinion Letter 75-42 7-2-1975 PBGC Op Let 75-42 Coverage, Nonresident aliens Canadian participants are covered. 2-28-2020
Opinion Letter 91-07 10-1-1991 PBGC Op Let 91-07 Multiemployer, Withdrawal Liability Addresses the ability of an employer challenging its withdrawal liability assessment, to raise additional issues for review by the multiemployer plan, or in arbitration, after making its initial submission. 2-28-2020
Opinion Letter 74-15 11-13-1974 PBGC Op Let 74-15 Coverage, tax qualification Tax qualified defined benefit plans are generally covered under Title IV. 2-28-2020
Opinion Letter 86-28 12-31-1986 PBGC Op Let 86-28 Benefit guarantee PBGC deducts an annuity purchase when calculating a participant’s maximum guaranteed benefit. 2-28-2020
Opinion Letter 87-13 11-23-1987 PBGC Op Let 87-13 Multiemployer, Merger, Bargaining representative Addresses issues concerning the merger of a multiemployer defined benefit plan with a defined contribution plan. 2-28-2020
Opinion Letter 82-38 12-14-1982 PBGC Op Let 82-38 Multiemployer, Withdrawal Liability, Shareholders Addresses whether officers or shareholders may be held liable for a corporation’s withdrawal liability. 2-28-2020
Opinion Letter 78-18 8-4-1978 PBGC Op Let 78-18 Benefit guarantee PBGC guaranteed benefits are not impacted by funding difficulties, and an employer is liable to PBGFC to the extent guaranteed benefits exceed plan assets 2-28-2020
Opinion Letter 76-24 2-14-1976 PBGC Op Let 76-24 Merger, Reportable events PBGC approval is not needed to merge a single employer plan into a multiemployer plan, but such a transaction would be a reportable event. 2-28-2020
Opinion Letter 90-05 10-11-1990 PBGC Op Let 90-5 Termination, Benefits, Lump sum PBGC, once it is appointed statutory trustee of a terminated plan, pays lump sums to participants entitled to small benefits. 2-28-2020
Opinion Letter 88-03 3-22-1988 PBGC Op Let 88-03 Multiemployer, Plan amendment Addresses the legal effect of PBGC approval of a multiemployer plan amendment. 2-28-2020
Opinion Letter 75-85 9-11-1975 PBGC Op Let 75-85 Defined benefit plan A plan where participants are eligible for benefits as calculated from time to time by an actuary is a defined benefit plan providing basic benefits. 2-28-2020
Opinion Letter 76-85 6-21-1976 PBGC Op Let 76-85 Benefit guarantee PBGC is precluded from guaranteeing expanded benefits to which participants would become entitled to (become nonforfeitable) upon the plan’s termination. 2-28-2020
Opinion Letter 76-96 8-2-1976 PBGC Op Let 76-96 Coverage, Professional service employer plan Employer is an association of medical doctors, principal business is administrative in nature. Plan does not meet the Professional Service Employer plan exemption. 2-28-2020
Opinion Letter 82-24 8-5-1982 PBGC Op Let 82-24 Multiemployer, Mass Withdrawal Review of rules governing plan administration after mass withdrawal; modification of withdrawal liability payment schedules; and recharacterization of contributions as withdrawal liability payments. 2-28-2020
Opinion Letter 85-30 12-9-1985 PBGC Op Let 85-30 Multiemployer, Termination, Reciprocity agreement A terminated multiemployer plan cannot transfer assets and liabilities to other multiemployer plans pursuant to reciprocity agreement. 2-28-2020
Opinion Letter 81-32 9-25-1981 PBGC Op Let 81-32 Multiemployer, Withdrawal, Asset Sale Exception Regards a statutory provision under which a contributing employer to a multiemployer plan that sells its assets to an unrelated buyer does not withdraw from the plan if (among other things) the buyer posts a bond or escrow for 5 years and the sales contract makes the seller secondarily liable if the buyer withdraws during the 5 plan years after the sale. This opinion letter addresses whether the buyer may escrow a letter of credit instead of cash. 2-28-2020
Opinion Letter 75-115 5-30-1975 PBGC Op Let 75-115 Termination, Reportable events Discusses that change of insurance carrier is not a termination nor a reportable event 2-28-2020
Opinion Letter 81-28 8-31-1981 PBGC Op Let 81-28 Multiemployer, Premiums Discusses premium payment obligations under specific circumstances. 2-28-2020
Opinion Letter 81-34 9-18-1981 PBGC Op Let 81-34 Multiemployer, Merger Merger/transfer rules do not apply to merger of a welfare fund and pension fund. 2-28-2020
Opinion Letter 76-106 9-3-1976 PBGC Op Let 76-106 Coverage, Professional service employer plan Physician-secretary is a Professional Service Employer plan exempt from Title IV coverage. 2-28-2020
Opinion Letter 76-109 9-14-1976 PBGC Op Let 76-109 Coverage A trust under a plan must be "created or organized" in the "United States" and be "maintained at all times as a 2-28-2020
Opinion Letter 75-04 3-20-1975 PBGC Op Let 75-4 Coverage, Individual account plan Plan is not an Individual account plan and is not exempt from coverage under Title IV. 2-28-2020
Opinion Letter 75-55 11-10-1975 PBGC Op Let 75-55 Coverage, plan document A plan without a written plan document is not a qualified plan and is excluded from coverage. 2-28-2020
Opinion Letter 85-05 1-30-1985 PBGC Op Let 85-05 Multiemployer, Withdrawal Liability, Construction industry Addresses whether the construction industry exception to withdrawal applies where a contractor terminates its CBA, its employees do not perform any more work for which the contractor was previously required to make contributions, but the contractor subcontracts for the performance of such work. 2-28-2020

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