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.

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.