Guidance Document Database
The documents listed below are PBGCโs guidance documents. The contents of these documents do not have the force and effect of law, unless expressly authorized by statute or incorporated into a contract, and are not meant to bind the public in any way. These documents are intended only to provide clarity to the public regarding existing requirements under the law or agency policies.
If you would like to comment on an existing guidance document, please submit your comment, including your contact information, to the General Counsel at GuidanceComments@pbgc.gov or at Regulatory Affairs Division, Pension Benefit Guaranty Corporation, Office of the General Counsel, 445 12th Street, SW, Washington, DC 20024-2101.
Title | Issuance Date | Agency Identifier (indexed field) | Topics | Summary | Posted Date |
---|---|---|---|---|---|
PBGC to Expand COVID-19 Relief, Support Economic Recovery | 9-21-2020 | PBGC PR 20-04 | Premiums | Announcement of relief that will generally enable plan sponsors to take advantage of the CARES Act contribution due date extension and still ultimately pay the same variable-rate premium they would have owed had those contributions been made by the regular contribution due date. |
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Extended Due Date for Inclusion of Prior Year Contributions | 9-23-2020 | PBGC TU 20-2 | Premiums | This Technical Update provides guidance and relief related to the timing of contribution receipts includable in the asset value used to determine variable rate premiums due in 2020. |
9-23-2020 |
Disaster Relief | 7-2-2018 | 83 FR 30991 | Disaster relief | PBGC's disaster relief is available when the Internal Revenue Service issues disaster relief for taxpayers that includes filing extensions for the Form 5500 series. Also, for premium filings no late payment interest charges will be assessed for the disaster relief period. |
2-28-2020 |
Use of Alternative Dispute Resolution | 4-12-1999 | 64 FR 17696 | Mediation, Arbitration | Provides that PBGC will use, where appropriate, alternative dispute resolution. |
2-28-2020 |
Disaster Relief Announcements Archive | 6-28-2018 | PBGC Web 012 | Disaster Relief Announcements Archive | PBGC disaster relief announcements from 2013-2018. |
2-28-2020 |
Partition FAQs for Practitioners | 12-6-2019 | PBGC Web 006 | Multiemployer, Partitions | Answers common questions about eligibility and applications for partitions of multiemployer plans. |
2-28-2020 |
Assessment of Penalties for Failure to Provide Required Information (1995) | 7-18-1995 | 60 FR 36837 | Penalties, Reporting requirements | Describes PBGCโs revised policy on assessing penalties for failing to timely provide required information to PBGC. |
2-28-2020 |
Premium Penalty Relief - Alternative Premium Funding Target Election Relief | 9-15-2011 | 76 FR 57082 | Premiums | Provides relief from certain premium penalties and in certain situations involving alternative premium funding target elections. |
2-28-2020 |
Premium Changes Based on Recharacterization of Contributions | 12-22-2011 | 76 FR 79714 | Recharacterization of contributions, Premiums | Addresses PBGCโs policy on accepting and responding to amended premium filings based on recharacterization of contributions. |
2-28-2020 |
Assessment of Penalties for Failure to Provide Premium-related Information (1996) | 12-17-1996 | 61 FR 66338 | Premiums, Penalties | Describes the penalty for failing to timely provide required premium related information to PBGC. |
2-28-2020 |
Waiver of Sellerโs Bond | 7-1-1981 | PBGC Multiemployer Bulletin, 7/1/1981 | Multiemployer, Bond sales | Provides guidance on the bonding and escrow requirements imposed on employers that sell their assets. |
2-28-2020 |
The Effect of The Deficit Reduction Act on The Withdrawal Liability Provisions of The Multiemployer Act | 3-6-1985 | PBGC Multiemployer Bulletin, 3/6/1985 | Multiemployer, Withdrawal Liability | Clarifies that any multiemployer plan that is not amended to adopt a non-presumptive allocation method is required to allocate unfunded vested benefits using the presumptive method. |
2-28-2020 |
Opinion Letter 94-08 | 9-30-1994 | PBGC Op Let 94-08 | Reallocation liability, Multiemployer, Withdrawal Liability | Addresses the calculation of reallocation liability when calculating withdrawal liability under the "presumptive method" and whether to include the unfunded vested benefits of an employer that is subject to the construction rule. |
2-28-2020 |
Opinion Letter 77-151 | 7-21-1977 | PBGC Op Let 77-151 | legal fees, Termination | Not appropriate to charge against plan assets legal fees arising from plan termination. |
2-28-2020 |
Opinion Letter 90-03 | 4-24-1990 | PBGC Op Let 09-3 | Termination, annuities | Once irrevocable commitments are purchased, PBGC no longer guarantees the benefits. |
2-28-2020 |
Opinion Letter 74-26 | 11-14-1974 | PBGC Op Let 74-26 | Professional service employer plan, Coverage | Company owners are physicians and company provides medical services. Plan is exempt as a Professional Servicer Employer plan. |
2-28-2020 |
Opinion Letter 76-11 | 1-20-1976 | PBGC Op Let 76-11 | Reportable events | Transfer of plan assets to another plan does not require PBGC approval, but it is a reportable event requiring notification. |
2-28-2020 |
Opinion Letter 88-09 | 12-6-1988 | PBGC Op Let 88-9 | Professional service employer plan, Coverage | Original plan is a Title IV covered plan. Successor plan is also a Title IV covered plan. Successor plan does not qualify as an exempt plan under the Professional Service plan exemption even though successor plan has fewer than 25 employees. |
2-28-2020 |
Opinion Letter 90-06 | 10-31-1990 | PBGC Op Let 90-6 | Professional service employer plan, Coverage | Plan meets the Substantial Owner plan coverage exemption. |
2-28-2020 |
Opinion Letter 75-44 | 12-8-1975 | PBGC Op Let 75-44 | โEstablished and maintainedโ, Governmental plan, Coverage | A plan maintained by a public agency or political subdivision which has been taken over from a private business is excluded from coverage. |
2-28-2020 |
Opinion Letter 85-22 | 9-11-1985 | PBGC Op Let 85-22 | Reciprocity agreement, Multiemployer | Addresses whether a reciprocity agreement operates to impose on certain employers and defined contribution pension plans the minimum contribution requirements or the withdrawal liability provisions of the law. |
2-28-2020 |
Opinion Letter 86-11 | 5-13-1986 | PBGC Op Let 86-11 | Overpayment of withdrawal liability, Multiemployer, Withdrawal Liability | Addresses whether a withdrawal liability overpayment must be refunded by a multiemployer plan sponsor to an employer where the plan sponsor subsequently discovers the underlying calculation error and the employer had failed to initiate the plan review and arbitration process. |
2-28-2020 |
Opinion Letter 77-166 | 10-7-1977 | PBGC Op Let 77-166 | Benefit guarantee | Because benefit increases became effective through collective bargaining agreements (not specific action by the Board of Trustees), PBGC looks to the adoption and effective dates of those agreements to apply the five-year phase-in rule. |
2-28-2020 |
Opinion Letter 74-20 | 12-5-1974 | PBGC Op Let 74-20 | Individual account plan, Coverage | Individual account plan is exempt from coverage under Title IV. |
2-28-2020 |
Opinion Letter 89-06 | 8-8-1989 | PBGC Op Let 89-6 | Individual account plan, Coverage | Individual account plan exemption from coverage. |
2-28-2020 |