Guidance Document Database

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.

PBGC guaranteed benefits are not impacted by funding difficulties, and an employer is liable to PBGFC to the extent guaranteed benefits exceed plan assets

PBGC approval is not needed to merge a single employer plan into a multiemployer plan, but such a transaction would be a reportable event.

PBGC, once it is appointed statutory trustee of a terminated plan, pays lump sums to participants entitled to small benefits.

Addresses the legal effect of PBGC approval of a multiemployer plan amendment.

A plan where participants are eligible for benefits as calculated from time to time by an actuary is a defined benefit plan providing basic benefits.

PBGC is precluded from guaranteeing expanded benefits to which participants would become entitled to (become nonforfeitable) upon the plan’s termination.

Employer is an association of medical doctors, principal business is administrative in nature. Plan does not meet the Professional Service Employer plan exemption.

Review of rules governing plan administration after mass withdrawal; modification of withdrawal liability payment schedules; and recharacterization of contributions as withdrawal liability payments.

A terminated multiemployer plan cannot transfer assets and liabilities to other multiemployer plans pursuant to reciprocity agreement.

Regards a statutory provision under which a contributing employer to a multiemployer plan that sells its assets to an unrelated buyer does not withdraw from the plan if (among other things) the buyer posts a bond or escrow for 5 years and the sales contract makes the seller secondarily liable if the buyer withdraws during the 5 plan years after the sale. This opinion letter addresses whether the buyer may escrow a letter of credit instead of cash.

Discusses that change of insurance carrier is not a termination nor a reportable event

Discusses premium payment obligations under specific circumstances.

Merger/transfer rules do not apply to merger of a welfare fund and pension fund.

Physician-secretary is a Professional Service Employer plan exempt from Title IV coverage.

A trust under a plan must be "created or organized" in the "United States" and be "maintained at all times as a

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