Employee Benefits
PBGC Relaunches Opinion Letter Program
On March 17, 2026, the Pension Benefit Guaranty Corporation (PBGC) announced the reopening of its long-dormant Opinion Letter Program (the Program).
The Program revives a process for requesting written guidance on the PBGC’s interpretation of Title IV of ERISA and the related regulations. While opinion letters are not binding precedent, they can offer insight into the PBGC’s interpretive approach and serve as a resource for navigating complex pension issues.
The Program is open to employers, plan sponsors, unions, and supporting practitioners (like lawyers and actuaries). Interested parties may submit a written request for review to the PBGC that must include:
- References to relevant laws, regulations, or guidance;
- An accurate and complete description of the facts;
- Confirmation that the request is not related to any matter pending with the PBGC;
- Identification of any confidential business information to be redacted; and
- Relevant contact information.
Submissions to the Program are made electronically. Requests are reviewed by the PBGC’s Office of the General Counsel. If the PBGC decides to reply, its response will be in the form of a publicly available opinion letter. No opinion letters will be issued in respect of existing investigations or litigation matters.
The Program also includes a searchable database that will serve as a public repository of opinions letters issued by the Office of the General Counsel from 1974 to date.
