Guidance Document Database

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.

Addresses whether immediate payment of the outstanding amount of an employer's withdrawal liability can be required if any installment is not paid during the withdrawal liability dispute resolution process and before the arbitrator's final decision. PBGC adopted a rule addressing the issue. (See 29 CFR part 4219, Subpt C.)

Conversion from a covered plan to an individual account plan is a termination.

A plan maintained by a clinical psychologist whose company provides marital and family counseling is a professional service employer plan.

Church plan status is determined by the IRS, must get an IRS ruling on church plan status.

Discusses the definition of “employer” in the context of withdrawal liability and how it applies to a group of trades or businesses under common control.

A proposed plan distribution must be in compliance with § 4044 regardless of whether the IRS has issued a determination letter regarding a plan termination. IRS cannot issue an exception to section 4044.

Optician is not a professional individual for purposes of the Professional Service Employer plan exemption.

Addresses which of two limitations on withdrawal liability applies—one applicable to a dissolving or liquidating employer, the other applicable to an employer that sold its assets to an unrelated party—when an employer satisfies the prerequisites for both.

PBGC will look to the terms of the plan documents in determining whether a benefit is nonforfeitable.

Transfer of plan assets to another plans is a reportable event.

Addresses the joint employer doctrine under the National Labor Relations Act and whether a company that leased employees from an outsourcing firm that was a contributing employer to a multiemployer plan, and that was required to contribute to the plan as a "joint employer" with the outsourcing firm, would be subject to withdrawal liability if its obligation to contribute permanently ceased.

Addresses the distinction between a non-binding estimated withdrawal liability assessment for informational purposes and an "actual" withdrawal liability assessment.

Review of rules governing partial withdrawal as applied to sale of some facilities under CBA.

Plan covered by Railroad Retirement Act financed by contributions required under the Act is not covered by title IV.

Provides that a multiemployer plan may not declare an employer to be in default during the statutory 90-day period within which the employer may request review of a withdrawal liability assessment.

Once a plan is determined to be qualified by IRS, it is qualified for purposes of Title IV until qualification is revoked.

Tribal plan meets the Governmental plan coverage exemption.

Change in funding method does not constitute a reportable event.