Guidance Document Database

PBGC, once it is appointed statutory trustee of a terminated plan, pays lump sums to participants entitled to small benefits.

Addresses the legal effect of PBGC approval of a multiemployer plan amendment.

A plan where participants are eligible for benefits as calculated from time to time by an actuary is a defined benefit plan providing basic benefits.

PBGC is precluded from guaranteeing expanded benefits to which participants would become entitled to (become nonforfeitable) upon the plan’s termination.

Employer is an association of medical doctors, principal business is administrative in nature. Plan does not meet the Professional Service Employer plan exemption.

Review of rules governing plan administration after mass withdrawal; modification of withdrawal liability payment schedules; and recharacterization of contributions as withdrawal liability payments.

A terminated multiemployer plan cannot transfer assets and liabilities to other multiemployer plans pursuant to reciprocity agreement.

Regards a statutory provision under which a contributing employer to a multiemployer plan that sells its assets to an unrelated buyer does not withdraw from the plan if (among other things) the buyer posts a bond or escrow for 5 years and the sales contract makes the seller secondarily liable if the buyer withdraws during the 5 plan years after the sale. This opinion letter addresses whether the buyer may escrow a letter of credit instead of cash.

Discusses that change of insurance carrier is not a termination nor a reportable event

Discusses premium payment obligations under specific circumstances.

Merger/transfer rules do not apply to merger of a welfare fund and pension fund.

Physician-secretary is a Professional Service Employer plan exempt from Title IV coverage.

A trust under a plan must be "created or organized" in the "United States" and be "maintained at all times as a

Plan is not an Individual account plan and is not exempt from coverage under Title IV.

A plan without a written plan document is not a qualified plan and is excluded from coverage.

Addresses whether the construction industry exception to withdrawal applies where a contractor terminates its CBA, its employees do not perform any more work for which the contractor was previously required to make contributions, but the contractor subcontracts for the performance of such work.

Guidance on compliance with the annual financial and actuarial information reporting requirements under Section 4010 of ERISA. PBGC adopted a rule addressing the issue effective 3/5/2020. (See 29 CFR part 4010.)

Reviews information that PBGC finds helpful and factors that PBGC considers in reviewing multiemployer plan proposals for alternative terms and conditions to satisfy withdrawal liability.

Guidance for cooperative and small-employer charity (CSEC) plans on filing premiums for 2019 and 2020 plan years that reflect the premium changes under the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act).

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.

Provides that PBGC will use, where appropriate, alternative dispute resolution.

PBGC disaster relief announcements from 2013-2018.

Describes the revised penalty for failing to timely provide required information to PBGC in standard terminations and sufficient distress terminations.

Answers common questions about eligibility and applications for partitions of multiemployer plans.

Guidance on compliance with the active participant reduction event requirements of section 4043(c)(3) of ERISA and PBGC’s regulation on Reportable Events and Certain Other Notification Requirements (29 CFR part 4043.23(a)). PBGC adopted a rule addressing the issue effective 3/5/2020. (See 29 CFR part 4010.)