Pension Benefit Guarantee Corporation

Pension Benefit Guarantee Corporation in the United States

The PBGC is a government agency that guarantees payments promised in defined benefit pension plans. Information about the agency is available in the PBGC web site.

Legal Materials

The PBGC’s Legal Filings and Decisions page provides briefs, pleadings and motions filed by the PBCG since 2011, as well as selected judicial decisions issued in response to PBGC filings. Otherwise, you can get them from the various courts and online databases providing case filings and judicial opinions. Lexis has a database of Pension/Benefits-related cases including PBGC decisions (PENBEN;CASES).

The PBGC also posts “Significant Guidance Documents” issued since 1981.

Regulations: The PBGC posts proposed and final regulation published in the Federal Register since July 1, 1996 and the relevant sections of the Code of Federal Regulations. You can find older regulations by searching back issue of the Federal Register or historical editions of Title 29 of the Code of Federal Regulations (see “Federal Register” and/or “Code of Federal Regulations” in this legal Encyclopedia).

Appeals Board Decisions: The PBGC posts a database of Appeals Board Decisionsdecided by all three board members (but not single member decisions) since October 1, 2002.

Opinion Letters: The PBGC provides a comprehensive database of Opinion Letters. They are also searchable on Lexis (LABOR;PBGC) and Westlaw (FPEN-PBGC) from 1994 to the present, as well as the BNA Benefits Practice Center (subscription only). Once upon a time I used to get PBGC Opinion Letters from the slim volumes at the end of the CCH Labor Law Reporter titled, “ERISA Update: PBGC Advisory Opinion Letters.” You can still find them there, if you have the volumes on hand.

See Also

Actuarial Information
Blue Book
Compensation
Employee Benefits
Retirement Plans
Tax

Concept of Pension Benefit Guarantee Corporation (PBGC) in Labor Law

In this context, a definition of Pension Benefit Guarantee Corporation (PBGC) is offered here: A Federal Corporation which guarantees that vested participants in private pension plans will receive some pension benefits even if a pension plan becomes bankrupt.

Pension Benefit Guarantee Corporation: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Pension Benefit Guarantee Corporation. This part provides references, in relation to Pension Benefit Guarantee Corporation, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about Pension Benefit Guarantee Corporation by content types:

Laws and Regulations

US Constitution
Federal Statutory Codes and Legislation

Federal Case Law and Court Materials

U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about Pension Benefit Guarantee Corporation and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Pension Benefit Guarantee Corporation or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to Pension Benefit Guarantee Corporation and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Pension Benefit Guarantee Corporation. Finding these decisions can be challenging. In many cases, researchers about Pension Benefit Guarantee Corporation should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to Pension Benefit Guarantee Corporation when formerly requested by a designated government officer):

Tools and Forms

Law in Other Regions

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