Employer liability

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

The described spin-off is a reportable event and sales transaction principles apply to the spin-off and transfer transactions.

Where proposed language in CBA will not affect Title IV coverage, it will not prevent PBGC claim for employer liability.

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

Whether an employer that purchased a division of another company and rehired its employees would be treated as a successor corporation and assume liability for existing plans.

PBGC examines financial information of an employer and all trades or businesses under the same common control to assess the employer’s hardship or necessity for deferred payments to meet liability.