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Guidance Document Database
The documents listed below are PBGC’s 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 |
---|---|---|---|---|---|
Opinion Letter 87-11 | 10-22-1987 | PBGC Op Let 87-11 | Allocation of assets, Termination | Plan assets must be allocated in succession to the benefits described in each of the six priority categories established by statute. |
2-28-2020 |
Opinion Letter 82-22 | 8-3-1982 | PBGC Op Let 82-22 | Partial Withdrawal, Multiemployer | This opinion letter addresses the meaning of the term "facility" for purposes of partial withdrawal. |
2-28-2020 |
Opinion Letter 75-113 | 12-3-1975 | PBGC Op Let 75-113 | Coverage | Plan continues to be covered under Title IV because IRS has not determined the plan is disqualified. |
2-28-2020 |
Opinion Letter 82-18 | 6-9-1982 | PBGC Op Let 82-18 | Professional service employer plan, Coverage | Pharmacist is a professional individual for purposes of the Professional Service Employer plan exemption. |
2-28-2020 |
SFA Assumptions Guidance - Superseded as of July 11, 2022 | 7-9-2021 | PBGC SFA 21-02 | Special financial assistance, Multiemployer | Provides guidelines for changes to certain assumptions that multiemployer plans may use for purposes of determining eligibility for special financial assistance (SFA) and the amount of SFA. |
7-9-2021 |
Frequently asked questions about standard terminations | 1-28-2020 | PBGC Web 013 | Standard termination | Provides information on filing a standard termination, distribution of benefits, and standard termination audits |
2-28-2020 |
Increased Guarantee Limit for Multiemployer Plans | 12-26-2000 | PBGC TU 00-7 | Multiemployer, Benefit guarantee | Discusses how the PBGC's maximum guarantee limit works under the multiemployer insurance program and explains an increase in maximum guarantee limit for participants in multiemployer plans. |
2-28-2020 |
Present Value of the Maximum PBGC Guaranteed Benefit under IRC Section 436(d)(3)(A)(ii) and ERISA Section 206(g)(3)(C)(i)(II) | 12-17-2007 | PBGC TU 07-4 | Benefit guarantee, Present value | Guidance on determining the present value of the maximum benefit guaranteed by PBGC. |
2-28-2020 |
Simplified Methods for Applying the Requirement to Disregard Benefit Reductions in Determining Withdrawal Liability - Multiemployer Pension Plans - Pension Protection Act of 2006 | 7-15-2010 | PBGC TU 10-3 | Multiemployer, Withdrawal Liability, Unfunded vested benefits, PPA | Provides simplified methods for the application of the statutory requirement that multiemployer plans in critical status disregard certain benefit reductions in determining the plan's unfunded vested benefits for purposes of determining an employer's withdrawal liability under section 4201 of ERISA. |
2-28-2020 |
Multiemployer Plans - Clarification of Schedule R (Form 5500) Instructions and Partial Reporting Relief for 2009 | 6-8-2010 | PBGC TU 10-1 | Annual reporting | Clarifies the Line 14 Instructions for the Schedule R (Form 5500) and provides partial reporting relief for completing Line 14 for the 2009 plan year. |
2-28-2020 |
Minimum Lump Sum Assumptions for Single-Employer Plans that Terminate in a Plan Year Beginning on or After January 1, 2008 | 12-31-2008 | PBGC TU 08-4 | Lump sum, Standard termination, PPA | Expands on guidance in Technical Update 07-3 on lump sum valuation issues for single-employer plans that terminate in a standard termination. Applies to plans that terminate on or after the effective date of certain amendments to the law as enacted by the Pension Protection Act of 2006 (PPA 2006) concerning how to apply the PPA 2006 changes in the interest rate and mortality table used in calculating minimum lump sum amounts. |
2-28-2020 |
Minimum Lump Sum Assumptions for Terminating Single-Employer Plans; Effect of Pension Protection Act of 2006 | 12-3-2007 | PBGC TU 07-3 | Lump sum, Standard termination | Guidance on lump sum valuation issues for single-employer plans that terminate in a standard termination with a termination date prior to, and a final distribution date on or after, the effective date of changes in the interest rate and mortality table used in calculating minimum lump sum values under the Pension Protection Act. |
2-28-2020 |
Opinion Letter 89-09 | 11-28-1989 | PBGC Op Let 89-9 | Tribal plan, Coverage | Plan does not meet Title IV coverage exemption since activities covered by the plan were off-reservation commercial activities carried on for profit. |
2-28-2020 |
Opinion Letter 75-54 | 6-23-1975 | PBGC Op Let 75-45 | Coverage | Title IV does not cover deposits made into a Keogh Trust. |
2-28-2020 |
Opinion Letter 76-76 | 6-8-1976 | PBGC Op Let 76-76 | Termination | Addresses a plan’s notice of intent to terminate, date of plan termination, and the ability to terminate the plan by agreement. |
2-28-2020 |
Opinion Letter 85-15 | 5-31-1985 | PBGC Op Let 85-15 | Avoidance transactions, sale of assets, Multiemployer, Withdrawal Liability | Addresses whether the rule against transactions with a principal purpose to avoid withdrawal liability can apply when a transaction meets the sale of assets exception requirements. |
2-28-2020 |
Opinion Letter 75-2 | 4-4-1975 | PBGC Op Let 75-2 | Individual account plan, Coverage | Individual account plan is exempt from coverage under Title IV. |
2-28-2020 |
Opinion Letter 78-17 | 7-17-1978 | PBGC Op Let 78-17 | Individual account plan, Coverage | Defined benefit plan was not terminated before enactment of ERISA and is covered by Title IV. |
2-28-2020 |
Opinion Letter 86-03 | 2-14-1986 | PBGC Op Let 86-3 | Residual assets, Allocation of assets | PBGC cannot approve a transaction that would allow an employer to recover excess assets without termination. |
2-28-2020 |
Opinion Letter 83-19 | 8-11-1983 | PBGC Op Let 83-19 | Multiemployer, Withdrawal Liability | Addresses whether, under the presumptive method of allocating withdrawal liability, if a plan's assets exceed its vested liabilities, the unfunded vested benefit amount is zero. |
2-28-2020 |
Opinion Letter 82-05 | 2-18-1982 | PBGC Op Let 82-5 | Partial Withdrawal, Multiemployer | Discusses partial withdrawals from a multiemployer plan. |
2-28-2020 |
Opinion Letter 77-141 | 4-28-1977 | PBGC Op Let 77-141 | Benefit guarantee | Actuarially equivalent monthly benefit of a lump sum benefit is guaranteed. |
2-28-2020 |
Opinion Letter 76-111 | 9-16-1976 | PBGC Op Let 76-111 | Employer liability | Asset purchaser assuming some plans was not a successor corporation for plans that it did not assume. |
2-28-2020 |
Opinion Letter 89-02 | 2-14-1989 | PBGC Op Let 89-02 | Reciprocity agreement, Multiemployer, Withdrawal Liability | Addresses (1) whether transfers of contributions between multiemployer plans under a reciprocity agreement are covered by rules on transfers of assets; and (2) whether a reciprocity agreement can create withdrawal liability obligations. |
2-28-2020 |
Opinion Letter 95-02 | 8-18-1995 | PBGC Op Let 95-02 | Construction industry, Multiemployer | Addresses the interpretation of the special rule for partial withdrawals for certain employers and plans in the building and construction industry. |
2-28-2020 |