Guidance Document Database

Addresses whether a corporation that has an obligation to contribute to a multiemployer plan withdraws from the plan if the corporation's parent sells its shares.

Fully insured plans are required to pay premiums.

Plan is not exempt from coverage under Title IV because of Canadian participants.

Addresses whether a union decertification can cause a withdrawal.

Addresses (1) how withdrawal liability should be assessed when the contributing employer is a partnership, and (2) whether an employer continues to perform work of the type and jurisdiction covered by a collective bargaining agreement for purposes of determining whether a withdrawal has occurred.

PBGC’s position requiring distribution of assets as soon as practicable after PBGC’s 60-day review does not apply to surplus assets when there is a dispute concerning distribution.

Provider of advertising and public relations services is not a professional individual for purposes of the Professional Service Employer plan exemption.

Addresses a plan sponsor’s obligations when a plan terminates by mass withdrawal, including the payment of benefits to participants in a terminated plan.

Artist-designer is not a professional individual for purposes of the Professional Service Employer plan exemption.

Laid-off employees may accrue guaranteed benefits up to date of plan termination.

Individual account plan is exempt from coverage under Title IV.

Plan meets the Governmental plan coverage exemption.

Addresses the Professional Service Employer plan and Substantial Owner plan coverage exemptions.

Addresses whether an employer that has withdrawn from a multiemployer plan may be relieved of withdrawal liability by a subsequent sale of assets.

A plan year is the fiscal year on which the records of a plan are kept.

PBGC has no legal authority to terminate and then restore a pension plan in order to implement more lenient funding requirements for the successor plan.

How to determine eligibility for a “Category 3 Benefit,” which is a benefit of a participant who retired, or could have retired, 3 years or more before the plan terminated.

Standard termination of plans and establishment of new plans that do not include past service credits will not cause PBGC to reject a proper notice of intent to terminate.

Discusses how the five-year phase-in rule impacts guarantee of certain recent benefit increases and that certain early retirement supplements are not guaranteed.

Addresses the procedure to follow when parties to a dispute over withdrawal liability do not agree on the selection of an arbitrator. PBGC adopted a rule addressing the issue. (See 29 CFR § 4221.4.)

Plan does not meet the Governmental plan exemption from coverage.

Addresses whether immediate payment of the outstanding amount of an employer's withdrawal liability can be required if any installment is not paid during the withdrawal liability dispute resolution process and before the arbitrator's final decision. PBGC adopted a rule addressing the issue. (See 29 CFR part 4219, Subpt C.)

Conversion from a covered plan to an individual account plan is a termination.

A plan maintained by a clinical psychologist whose company provides marital and family counseling is a professional service employer plan.

Church plan status is determined by the IRS, must get an IRS ruling on church plan status.