Guidance Document Database

Management consultant is not a professional individual for purposes of the Professional Service Employer plan coverage exemption.

A plan was not a successor plan to another plan, because both plans existed during the same plan year.

A death benefit is not a pension benefit and as such is treated as a liability before plan termination and must be deducted from the plan’s available assets.

Disability benefits that become payable after the date of plan termination are not guaranteed.

Disability benefits guaranteed where participants satisfied plan conditions necessary to receive the benefit before the date of plan termination.

Employer’s principal business is the installation of cathodic protection systems, employer is not a Professional Service Employer and plan is covered under Title IV.

Provides that PBGC approval is not required for a multiemployer plan to adopt a different statutory allocation method for unfunded vested benefits. However, PBGC approval is required for the adoption of an alternative allocation method (i.e. any method other than the four statutory methods).

A plan sponsored by a political subdivision that has taxing power is excluded from coverage.

Any amendment to a terminating or terminated plan to allow a return of excess plan assets to the employer conflicts with direct statutory provisions and legislative intent.

Addresses post-termination distribution of a multiemployer plan's assets when participants are missing.

A plan did not properly terminate and does not fit the exemption from Title IV coverage for plans that do not provide for employer contributions.

Plans maintained by instrumentalities of the Federal government are exempt from coverage under the Governmental plan coverage exemption.

Addresses the definition of the term “assets” for the purpose of the sale-of-assets exception to withdrawal.

Licensed veterinarians are “licensed practitioners of the healing arts” for purposes of the Professional Service Employer plan exemption.

Discusses the conditions under which a plan administrator would be subject to personal liability to cover unpaid premiums.

A successor plan’s tax-qualified status cannot be attributed to another, non-qualified plan, and the phase-in of PBGC’s guarantee begins only when the plan is covered.

Addresses the definition of the term "building and construction industry" for purposes of the construction industry exception to withdrawal.

Plans found not to be successor plans where there is a clear delineation of separate plans maintained by separate employers with the phase-in of guaranteed benefits beginning at the later of the adoption date or effective date of each plan.

Addresses whether an employer who contributes to a multiemployer plan withdraws from the plan as a consequence of forming a wholly owned subsidiary which assumes all of its obligations to the plan.

Plan meets the Governmental plan coverage exemption.

Implementation Guidelines do not apply to split-up of pension plan, with subsequent termination of one plan and reversion of excess assets.

Plan is not an Individual account. Plan is not exempt from Title IV coverage.

Premiums may be paid from the plan's assets or the employer's assets.

Denies a Notice of Intent to Terminate on the basis that the plan did not intend to provide for annuity purchase for actives, instead spinning them off into a new plan.

Addresses the definition of the term "building and construction industry" for purposes of the construction industry exception to withdrawal.