Guidance Document Database

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. Addresses whether that exception to withdrawal applies if the buyer initially posts a bond for only the first two years.

PBGC did not issue a premium refund for plan that it found was not terminated.

Pharmacist is a professional individual for purposes of the Professional Service Employer plan exemption.

Plan termination date agreed to by PBGC and the company was after participants had constructive notice of termination .

Addresses the special partial withdrawal rule for the retail food industry, and the meaning of “retail food industry.”

Professional service employer plans and individual account plans are excluded from coverage.

A profit-sharing benefit in the plan is nonforfeitable and a pension benefit because the plan states it may be paid as an annuity. Because PBGC guarantees and pays the benefit as an annuity, it won’t be paid in a lump sum if the plan is insufficient.

Addresses the determination of withdrawal liability and the procedure to dispute withdrawal liability.

Plan does not meet the Professional Service Employer plan exemption. Plan is covered under Title IV because number of active participants exceeds 25.

Plan is governed by laws of Virgin Islands. Plan is not a qualified plan and is exempt from coverage under Title IV.

Addresses (1) whether vested ancillary benefits may be included in the calculation of unfunded vested benefits; (2) the meaning of "nonforfeitable benefit"; (3) what actuarial assumptions may be used to calculate unfunded vested benefits.

Addresses the rules governing the transfer of assets from multiemployer plan to single-employer plan; addresses the withdrawal liability consequences of transferring assets to a single employer plan.

PBGC accepted the withdrawal of a plan’s notice of intent to terminate because employers would continue to make contributions pursuant to their collective bargaining agreements and the plan participants would continue to receive credit under the plan for service with contributing employers.

Title IV excludes a defined benefit plan to the extent it is treated as an Individual account plan under 1002(35)(B).

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

Plan does not meet the Governmental plan exemption from coverage.

Addresses whether immediate payment of the outstanding amount of an employer's withdrawal liability can be required if any installment is not paid during the withdrawal liability dispute resolution process and before the arbitrator's final decision. PBGC adopted a rule addressing the issue. (See 29 CFR part 4219, Subpt C.)

Conversion from a covered plan to an individual account plan is a termination.

A plan maintained by a clinical psychologist whose company provides marital and family counseling is a professional service employer plan.

Church plan status is determined by the IRS, must get an IRS ruling on church plan status.

Discusses the definition of “employer” in the context of withdrawal liability and how it applies to a group of trades or businesses under common control.

A proposed plan distribution must be in compliance with § 4044 regardless of whether the IRS has issued a determination letter regarding a plan termination. IRS cannot issue an exception to section 4044.

Optician is not a professional individual for purposes of the Professional Service Employer plan exemption.

Addresses which of two limitations on withdrawal liability applies—one applicable to a dissolving or liquidating employer, the other applicable to an employer that sold its assets to an unrelated party—when an employer satisfies the prerequisites for both.

PBGC will look to the terms of the plan documents in determining whether a benefit is nonforfeitable.