Guidance Document Database

The sale by a parent corporation with a division that maintains a pension plan with nonforfeitable benefits which are not funded of $1 million or more of an incorporated subsidiary, irrespective of its relative size, results in a reportable event.

This opinion letter declines to provide an opinion on the meaning of “substantially all” for the purposes of determining whether a substantially all mass withdrawal has occurred.

Addresses bond waivers and withdrawal liability and how regulations do not apply to the liquidation bond upon seller’s liquidation.

Addresses the calculation of guaranteed benefits; PBGC measures benefits using plan factors at date of plan termination.

Regards a statutory provision under which a contributing employer to a multiemployer plan does not withdraw from the plan because it ceases to exist due to a change in organizational form if there is no interruption in the employer's contributions or obligation to contribute; addresses whether that exception to withdrawal applies to an employer that sells its assets where the purchaser takes over the seller's name, plant, and employees.

A plan maintained by a company under contract to provide services for a Federal agency does not meet the Governmental plan coverage exemption.

Plan of an employer located in Canada that is a division of a company incorporated in the US is a foreign plan and is not covered under Title IV.

A split-up of one plan and the termination of another is not subject to the asset reversion implementation guidelines; PBGC recognizes the termination and reestablishment of a plan.

Plan of transit system acquired by county is excluded from coverage.

Excess assets do not revert to the plan sponsor.

Discusses mechanics of converting defined benefit plan to an individual account plan.

Plan assets must be allocated in succession to the benefits described in each of the six priority categories established by statute.

This opinion letter addresses the meaning of the term "facility" for purposes of partial withdrawal.

Plan continues to be covered under Title IV because IRS has not determined the plan is disqualified.

Pharmacist is a professional individual for purposes of the Professional Service Employer plan exemption.

Plan merger constitutes a reportable event.

Addresses whether a partial withdrawal occurs when an employer outsources work to a third party.

Addresses whether a withdrawal from a multiemployer plan will be triggered by various circumstances occurring after a 4204 sale of assets such as a second subsequent sale or a change in corporate structure.

Pharmacist is a professional individual for purposes of the Professional Service Employer plan exemption.

Canadian participants are covered.

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.

Tax qualified defined benefit plans are generally covered under Title IV.

PBGC deducts an annuity purchase when calculating a participant’s maximum guaranteed benefit.

Addresses issues concerning the merger of a multiemployer defined benefit plan with a defined contribution plan.

Addresses whether officers or shareholders may be held liable for a corporation’s withdrawal liability.