PBGC revives opinion letter program 

PBGC’s opinion letters explain how the agency would apply Title IV of ERISA provisions in specific factual circumstances — not hypothetical situations — where existing guidance is insufficient. PBGC generally won’t issue letters on coverage determination requests (the agency has a separate program for those requests), subjects addressed in pending PBGC regulations, or individual benefit determinations. PBGC also notes that it may issue an opinion letter on its own initiative when “determined to be appropriate.”

PBGC’s refreshed opinion letter webpage now includes an overview of the program as well as links to several related resources, including a detailed explanation of opinion letter procedures (with instructions on requesting a letter) and a searchable database containing all previously issued letters. PBGC last issued an opinion letter in December 2002.