Guidance Document Database

Addresses the distribution of residual assets to an employer.

Addresses mass withdrawal generally, the effect of a "substantially all" mass withdrawal on the de minimis reduction and 20-year cap, and the meanings of "substantially all" and "agreement or arrangement".

PBGC disapproves proposed plans that an employer wishes to adopt because they would effect an impermissible continuation of terminated plans for which guaranteed benefits are being paid.

Addresses whether, based on an employer's date of withdrawal, that employer is subject to reallocation liability in the event of a mass withdrawal termination.

Advises that defined contribution plans which defined benefit features may be subject to coverage.

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.

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.

Discusses the difference between a multiemployer plan and a multiple employer plan and the termination provisions applicable to the latter.

This opinion letter declines to provide an opinion on the meaning of “substantially all” for the purposes of determining whether a substantially all mass withdrawal has occurred.

Addresses bond waivers and withdrawal liability and how regulations do not apply to the liquidation bond upon seller’s liquidation.

Addresses the calculation of guaranteed benefits; PBGC measures benefits using plan factors at date of plan termination.

Regards a statutory provision under which a contributing employer to a multiemployer plan does not withdraw from the plan because it ceases to exist due to a change in organizational form if there is no interruption in the employer's contributions or obligation to contribute; addresses whether that exception to withdrawal applies to an employer that sells its assets where the purchaser takes over the seller's name, plant, and employees.

A plan maintained by a company under contract to provide services for a Federal agency does not meet the Governmental plan coverage exemption.

$20 minimum in the regulation is not subject to actuarial adjustment for the participant’s age at the time the benefit started.

Addresses whether a corporation that has an obligation to contribute to a multiemployer plan withdraws from the plan if the corporation's parent sells its shares.

Fully insured plans are required to pay premiums.

Plan is not exempt from coverage under Title IV because of Canadian participants.

Addresses whether a union decertification can cause a withdrawal.

Addresses (1) how withdrawal liability should be assessed when the contributing employer is a partnership, and (2) whether an employer continues to perform work of the type and jurisdiction covered by a collective bargaining agreement for purposes of determining whether a withdrawal has occurred.

PBGC’s position requiring distribution of assets as soon as practicable after PBGC’s 60-day review does not apply to surplus assets when there is a dispute concerning distribution.

Provider of advertising and public relations services is not a professional individual for purposes of the Professional Service Employer plan exemption.

Addresses a plan sponsor’s obligations when a plan terminates by mass withdrawal, including the payment of benefits to participants in a terminated plan.

Artist-designer is not a professional individual for purposes of the Professional Service Employer plan exemption.