Guidance Document Database

Employer providing consulting services in bio-mechanics, forensic physics, traffic reconstruction, injury analysis, and automotive and traffic safety is a Professional Services Employer and is exempt under Title IV.

Addresses the definition of employer in the context of building cleaners at an office building.

Amendment of a plan from a defined benefit plans to an individual account plan results in the plan’s termination.

Addresses calculation of withdrawal liability for a "joint employer” that is no longer required to contribute.

Plan must be communicated to eligible participants to be tax qualified and a Title IV covered plan.

Plan administrator must allocate assets to participant receiving early retirement benefits and may not allocate assets to participants whose benefit claims had been fully satisfied prior to termination of plan.

Plan of Canadian company with mostly Canadian participants is not covered under Title IV.

Benefits which became vested solely on account of termination are not guaranteed.

Asset purchaser assuming some pension plans not successor corporation to the seller with respect to plans left with the seller; purchaser is liable for plans it assumed; liability to PBGC is not limited by any agreement between seller and purchaser as to the amount of liability purchaser was willing to assume.

This opinion letter addresses whether an QPSAs and other benefits are nonforfeitable after termination of a multiemployer plan such that they should be considered in determining withdrawal liability.

Whether interest and penalties assessed by PBGC for the late payment of premiums respecting a multiemployer plan can be paid from plan assets.

Addresses (1) the calculation of annual withdrawal liability payments where an employer contributes to a multiemployer plan under multiple collective bargaining agreements requiring different contribution rates (the "contract-by-contract" approach); (2) using the contract-by-contract approach to calculate an employer's required contribution rate following plan termination by amendment; (3) whether alternate interest rates may be used to calculate the value of benefits under the plan following a mass withdrawal; (4) the correction of prior errors in valuation when calculating withdrawal liability.

Addresses a request to use employer contributions, PBGC financial assistance, and other monies received by a plan to pay union dues for retirees and beneficiaries.

Food broker is not a professional individual for purposes of the Professional Service Employer plan exemption.

Plan is a Governmental plan; water authority created by statute; board appt by town's council, funded by water assessments, fund pays for plan including deficits upon termination, participants are water authority's employees

Sale of divisions resulting in more than 20% reduction in number of plan participants is a reportable event.

A plan is covered for purposes of premium payments on the later of the date of establishment or the effective date.

Addresses trustees’ ability to adopt alternative withdrawal liability rules under ERISA sections 4219 and 4224 that modify an employer's withdrawal liability payment terms to take into account an employer's financial condition.

Guidance for cooperative and small-employer charity (CSEC) plans on filing premiums for 2019 and 2020 plan years that reflect the premium changes under the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act).

PBGC's disaster relief is available when the Internal Revenue Service issues disaster relief for taxpayers that includes filing extensions for the Form 5500 series. Also, for premium filings no late payment interest charges will be assessed for the disaster relief period.

Provides that PBGC will use, where appropriate, alternative dispute resolution.

PBGC disaster relief announcements from 2013-2018.

Guidance on compliance with the annual financial and actuarial information reporting requirements under Section 4010 of ERISA. PBGC adopted a rule addressing the issue effective 3/5/2020. (See 29 CFR part 4010.)

Sets forth the requirements for special financial assistance applications and related restrictions and conditions pursuant to the American Rescue Plan Act of 2021.

Provides guidelines for changes to certain assumptions that multiemployer plans may use for purposes of determining eligibility for special financial assistance (SFA) and the amount of SFA.