Guidance Document Database

PBGC cannot approve a transaction that would allow an employer to recover excess assets without termination.

Addresses whether, under the presumptive method of allocating withdrawal liability, if a plan's assets exceed its vested liabilities, the unfunded vested benefit amount is zero.

Discusses partial withdrawals from a multiemployer plan.

Actuarially equivalent monthly benefit of a lump sum benefit is guaranteed.

Asset purchaser assuming some plans was not a successor corporation for plans that it did not assume.

Addresses (1) whether transfers of contributions between multiemployer plans under a reciprocity agreement are covered by rules on transfers of assets; and (2) whether a reciprocity agreement can create withdrawal liability obligations.

Addresses the interpretation of the special rule for partial withdrawals for certain employers and plans in the building and construction industry.

A plan sponsor has no liability for the benefits in a terminated plan that were provided to plan participants through the distribution of irrevocable commitments purchased from an insurance company.

Following a restructuring of three pension plans maintained by one company, each restructured plan remains a Title IV covered plan, each plan qualifies as a successor plan, and the plan sponsor would be liable to PBGC for any funding deficiency at termination.

River pilot is not a professional individual for purposes of the Professional Service Employer exemption.

Whether the language in a plan document providing for the reversion of residual assets to the employer complies with the law.

Plan that is tax-qualified under IRC 401(a) is covered by Title IV.

Plan does not meet the Governmental plan exemption from coverage.

Each plan of an employer is obligated to pay premiums to PBGC when an individual participant actively earns service credit in multiple plans of the employer.

Plan is not an individual account plan. Plan is not be exempt from Title IV coverage.

Pending regulations, plans have the ability to adopt reasonable rules to abate an employer’s withdrawal liability.

For PBGC to suspend a plan termination, PBGC must be advised timely and in writing that a formal challenge has been initiated asserting that the termination violates an existing collective bargaining agreement.

Addresses whether interest rate changes subsequent to the mass withdrawal valuation date may be considered in determining the reallocation liability upon a mass withdrawal. It also addresses the burden of proof a multiemployer plan must satisfy to show an amendment increasing benefits was adopted earlier than the formal date of adoption which would make payment of the benefit increase covered by the PBGC guarantee.

Plan of municipal corporation designated by constitution as political subdivision of state and having taxing power is a Governmental plan exempt under ERISA 4021(b)(2).

Addresses whether certain corporate transactions would trigger withdrawals and discusses whether these corporate transactions may be disregarded under the evade or avoid provision of the law.

For a chain of food stores, a single store is ordinarily a “facility” for purposes of section 4217 of ERISA.

When a defined benefit multiemployer plan merges into a defined contribution annuity plan, the multiemployer plan terminates; addresses the rules and procedures governing distribution of the assets of a terminated multiemployer plan.

Considers the timing of the bond/escrow requirement in a sale of assets and requests that PBGC grant a waiver of the bond/escrow and contract language requirements.

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

Addresses whether a seller and purchaser can retroactively bring a sale of assets within the coverage of the law by posting an appropriate bond and by amending the sales contract.