Guidance Document Database

Provides that because guaranteed benefits are determined at time of plan termination, a clause in a plan that provides for the cessation of benefits in pay status of participants who violate prohibitions against certain competitive employment will be determined at such time that the clause becomes applicable to a participant.

Conditions under which PBGC would allow a company to restore its pension plan after filing a notice to terminate.

A plan operating under a favorable IRS determination letter is covered under Title IV.

Discusses and compares a seller's withdrawal liability risks and obligations pre-MPPAA and post-MPPAA, and whether an employer's failure to object to an estimate of withdrawal liability (for informational purposes) bars that employer from challenging that underlying estimate upon a subsequent actual assessment of withdrawal liability.

The fact that a benefit formula may be modified by a plan amendment does not alter the defined benefit nature of the plan.  If the plan is amended to convert it to an individual account plan, it would be treated as terminated.

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

Addresses the required transfer of assets and benefit liabilities following a change in the collective bargaining representative of a group of employees who then participate in another multiemployer plan.

Plans funded exclusively by individual insurance or annuity policies are exempt from coverage under Title IV.

Individual account plan exemption from coverage.

Provides guidance on the meaning of "employer" with respect to withdrawals from multiemployer pension plans; focuses on the garment industry and in particular, the work done by the contractor and the jobber/manufacturer.

Discusses whether the sale of stock constitutes a withdrawal from a multiemployer plan and whether the sale of assets rule applies.

Plan of an entity chartered by the US Congress does not meet the Governmental plan coverage exemption.

Absence of provision in plan allowing reversion of excess plan assets to the employer means that the requirements for reversion of excess assets to employer not met.

Describes PBGC’s revised policy on assessing penalties for failing to timely provide required information to PBGC.

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).

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.

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.

Answers commonly asked questions about PBGC’s Risk Mitigation & Early Warning Program.

Answers common questions about reasonable administrative expenses of insolvent multiemployer plans.

Addresses how to determine whether a pension plan is covered by PBGC and explains the common exemptions from coverage.

Addresses PBGC’s policy on accepting and responding to amended premium filings based on recharacterization of contributions.