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Posted

Hi all

MD office, less than 10 employees

Owner also owns 2 pizza restaurants with a few employees.

If a DB plan is set up just for the MD office, is it covered by PBGC?

If a DB plan is set up with the pizza restaurants as additional employers but the MD office being the plan sponsor, is this DB plan covered by PBGC?

Thank you

Posted

The PBGC's website uses the example of an attorney owning an insurance agency - just because the guy in charge is a lawyer doesn't mean the nature of the business itself gets you a pass. 

Like the plan in their example, I gotta figure the PBGC is going to cover a plan for pizza restaurants, regardless of if a doctor owns it.  But I would suspect you'd be okay if the plan didn't cover the pizza guys, and only the medical office.

Posted

Hi Bri

I am aware of the first part and thank you.

It is the second part that I am thinking about.

Posted

If the pizza shop was not covered, then I think you are PBGC-exempt.

If only the pizza shop covered, then I think clearly not PBGC-exempt (but this wouldn't make sense for doctor/owner as (s)he probably gets little or no earned income from that).

If both entities are covered, I would guess not PBGC-exempt. If that is the goal, maybe make the pizza shop the sponsor and the medical practice a participating affiliated employer?

Kenneth M. Prell, CEBS, ERPA

Vice President, BPAS Actuarial & Pension Services

kprell@bpas.com

Posted

Too bad the actuarial costs for a second plan just for the pizza folks would probably outweigh the savings in PBGC premiums by not covering the doctor's office.

Now please tell us the doctor's specialty is as a heart surgeon, selling pizzas on the side!  Bonus points if one is in the building next door.

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