Guidance Document Database

Individual account plan is exempt from coverage under Title IV.

Individual account plan exemption from coverage.

The plan must pay premiums to PBGC for annuitants covered by an insurance contract that does not provide for irrevocable commitments to pay the benefits.

Addresses the applicability of the “sale of assets exception: to the construction industry complete withdrawal rules.

Title IV does not cover Individual account plans or welfare plans.

Addresses the calculation of partial withdrawal liability and why the allocation fraction uses a ratio of contribution base units as opposed to contributions.

Addresses the meaning of “total amount contributed” for the purpose of the denominators in PBGC’s interim regulation on withdrawal liability alternative allocation methods.

Surveying and engineering design consultant is a professional individual for purposes of the Professional Service Employer plan coverage exemption.

Government contractors are not excluded from PBGC coverage.

Addresses the meaning of the term "the unfunded vested benefits attributable to employees of the employer" for purposes of the cap on the unfunded vested benefits attributable to employees of an employer that sold substantially all of its assets to an unrelated buyer.

State liability with respect to private-sector plans to which employees contribute.

PBGC is not authorized to waive interest charges on late premium payments.

Addresses whether a withdrawal would take place if a corporation transfers all of its assets to one of its divisions and whether a withdrawal occurs in the event of a stock sale if contributions to the plan continue.

Addresses the distribution of residual assets to an employer.

Addresses mass withdrawal generally, the effect of a "substantially all" mass withdrawal on the de minimis reduction and 20-year cap, and the meanings of "substantially all" and "agreement or arrangement".

PBGC disapproves proposed plans that an employer wishes to adopt because they would effect an impermissible continuation of terminated plans for which guaranteed benefits are being paid.

Addresses whether, based on an employer's date of withdrawal, that employer is subject to reallocation liability in the event of a mass withdrawal termination.

Advises that defined contribution plans which defined benefit features may be subject to coverage.

Elimination of a death benefit is a reportable event.

Addresses a question as to what constitutes a facility for purposes of determining what CBUs get excluded due to a pre-1980 closure of a facility.

Plan does not meet the Governmental plan exemption from coverage.

The reduction in the number of plan participants is a reportable event.

For a plan that is being divided into 18 plans, participants should not be double counted for the purpose of premiums.

Each participant is entitled to a share of the excess plan assets where the plan does not provide for return of excess assets to employer upon plan termination.

Plan does not meet the Governmental plan exemption from coverage.