Guidance Document Database

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

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 and the sales contract makes the seller secondarily liable if the buyer withdraws during the 5 plan years after the sale. Addresses calculation of withdrawal liability of an employer that previously sold some of its assets where, under that statutory provision, the asset sale was not a withdrawal.

A plan maintained by a union and funded only by contributions from union members is not covered under Title IV

Whether PBGC will permit a plan to be restored after it has submitted its Notice of its Intent to Terminate.

Addresses the exclusion of employee contributions in withdrawal liability allocation fractions.

Management consultant is not a professional individual for purposes of the Professional Service Employer plan coverage exemption.

A plan was not a successor plan to another plan, because both plans existed during the same plan year.

A death benefit is not a pension benefit and as such is treated as a liability before plan termination and must be deducted from the plan’s available assets.

Disability benefits that become payable after the date of plan termination are not guaranteed.

Disability benefits guaranteed where participants satisfied plan conditions necessary to receive the benefit before the date of plan termination.

Employer’s principal business is the installation of cathodic protection systems, employer is not a Professional Service Employer and plan is covered under Title IV.

Provides that PBGC approval is not required for a multiemployer plan to adopt a different statutory allocation method for unfunded vested benefits. However, PBGC approval is required for the adoption of an alternative allocation method (i.e. any method other than the four statutory methods).

A plan sponsored by a political subdivision that has taxing power is excluded from coverage.

Any amendment to a terminating or terminated plan to allow a return of excess plan assets to the employer conflicts with direct statutory provisions and legislative intent.

Addresses post-termination distribution of a multiemployer plan's assets when participants are missing.

A plan did not properly terminate and does not fit the exemption from Title IV coverage for plans that do not provide for employer contributions.

Plans maintained by instrumentalities of the Federal government are exempt from coverage under the Governmental plan coverage exemption.

Addresses the definition of the term “assets” for the purpose of the sale-of-assets exception to withdrawal.

Licensed veterinarians are “licensed practitioners of the healing arts” for purposes of the Professional Service Employer plan exemption.

Discusses the conditions under which a plan administrator would be subject to personal liability to cover unpaid premiums.

A successor plan’s tax-qualified status cannot be attributed to another, non-qualified plan, and the phase-in of PBGC’s guarantee begins only when the plan is covered.

Addresses the definition of the term "building and construction industry" for purposes of the construction industry exception to withdrawal.

Plans found not to be successor plans where there is a clear delineation of separate plans maintained by separate employers with the phase-in of guaranteed benefits beginning at the later of the adoption date or effective date of each plan.

Addresses whether an employer who contributes to a multiemployer plan withdraws from the plan as a consequence of forming a wholly owned subsidiary which assumes all of its obligations to the plan.

Plan meets the Governmental plan coverage exemption.