Guidance Document Database

A plan without a written plan document is not a qualified plan and is excluded from coverage.

Addresses whether the construction industry exception to withdrawal applies where a contractor terminates its CBA, its employees do not perform any more work for which the contractor was previously required to make contributions, but the contractor subcontracts for the performance of such work.

A plan maintained by a union and funded only by contributions from union members is not covered under Title IV

A physician-owned company is a professional service employer plan.

Plan does not meet the Governmental plan coverage exemption.

Addresses the distribution of residual assets to an employer.

Individual account plan is exempt from coverage

Following plan terms, the plan may be charged for reasonable termination-related expenses for which the plan is responsible.

Discusses how pre-MPPAA withdrawals affect the calculation of the annual withdrawal liability payment.

Addresses determining the date of a construction industry employer's withdrawal from a multiemployer plan in the context of a labor dispute.

No plan termination occurred when subsidiaries ended plan participation.

Defined contribution plans are not covered plans under Title IV.

Addresses whether the amount of a multiemployer plan’s unfunded vested benefits may be retroactively corrected when a computational error resulted in overassessment and overpayment of withdrawal liability.

PBGC could not determine that an employer engaged in services different than those specified in 4021(c) was a professional service employer.

PBGC not subject to state divorce court; PBGC’s authority is limited by the terms of title IV of ERISA and therefore the PBGC cannot submit to the state court's jurisdiction.

Addresses variances from the bond/escrow and contract-language prerequisites to the asset sale exception to withdrawal.

A participant who has completed the requisite number of years of service and has attained retirement age has a nonforfeitable vested benefit in the plan, even if he has not ended his employment as the time of plan termination.

Addresses the calculation of withdrawal liability in a situation where several members of a controlled group have an obligation to contribute to the same multiemployer pension plan and are sold or liquidated in a series of transactions.

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

Addresses the circumstances under which a bankruptcy proceeding may give rise to withdrawal liability.

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.