Guidance Document Database

Participant count is determined as of last day of previous plan year and may not be adjusted for changes that occur during the plan year.

Addresses whether a qualified preretirement survivor annuity is a nonforfeitable benefit where the participant had not died as of the date of plan termination. Under the Multiemployer Pension Reform Act of 2014, a qualified preretirement survivor annuity is not to be treated as forfeitable solely because the participant is alive on the date of multiemployer plan insolvency or termination.

Plan maintained pursuant to a contract with a federal agency is a Governmental plan exempt from Title IV coverage.

Employees cease accruing service credit as of date of plan termination.

A plan maintained by an actuary with the principal business the performance of actuarial services is a professional service employer plan.

Under presumptive method, if a plan is fully funded because the value of plan assets never falls below liabilities, the plan would record a zero change in the value of unfunded vested benefits despite fluctuations in unfunded vested benefits.

Addresses the relevance of events occurring after a plan’s reallocation record date on the reallocation liability calculation.

Plans that are tax-qualified under IRC 401(a) are covered by Title IV. Plans funded by flexible annuity policies may or may not be designed to achieve a defined benefit objective.

Addresses calculation of partial withdrawal credit using the "modified presumptive method" where contributions are averaged over a 10-year period.

A PBGC premium must be paid for a participant in a plan even though no contributions for that participant to the plan are required because of a floor offset arrangement.

Participation in a plan maintained by more than one employer, some of which are not governmental entities, precludes the application of the Governmental plan exemption.

Conditions under which PBGC would allow a company to restore its pension plan after filing a notice to terminate.

Discusses the rules governing plan termination and notes that the employers may owe withdrawal liability.

Addresses whether incorporation of a sole proprietorship constitutes a withdrawal from a multiemployer pension plan where the successor corporation becomes party to the collective bargaining agreement and continues to contribute to the plan on behalf of its employees for the same operations for which contributions were previously contributed by the sole proprietor.

Licensed clinical laboratory bio-analyst is a professional individual for purposes of the Professional Service Employer plan exemption.

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 plan that in practice met the criteria for tax qualification for five years prior to its termination date was covered under Title IV at plan termination.

Addresses the bond / escrow requirements of section 4204 of ERISA which, if satisfied along with the other 4204 requirements, mean that a sale of assets by a contributing employer will not constitute a withdrawal from a multiemployer plan.