ERISACourt RulingsAug 14, 2026
t this statement “necessarily implies that pre-1993 ret irees had lifetime, uncapped
benefits.” Kaiser, 2024 WL 1283535, at *4. But, read closely, this was not an affirmative statement or argument made by Alcoa;
it was simply a summary of the opposing side’s position. Such
statements cannot trigger judicial estoppel.
Seco…
ERISACourt RulingsJul 26, 1995
…thin thirty (30) days from the date of service of this
decision, with credit given to NIP for
,000 previously paid to
the DOL. Amounts not paid by that time shall be subject to
penalties and interest provided for by ERISA and its implementing
regulations.
MORTON KLEVAN
Senior Policy Advisor
[ENDNOTES]
[1] This letter w…
ERISACourt RulingsDec 21, 1993
…sq.,
For the Respondent
Before: Ainsworth H. Brown
Administrative Law Judge
DECISION AND ORDER
This proceeding arises under Section 502(c)(2) of the
Employee Retirement Income Security At of 1974 ("ERISA"), as
amended, 29 U.S.C. §§ 1001, et seq., and
its implementing regulations. 29 C.F.R. § 2509, et
seq. The purpose o…
ERISACourt RulingsApr 27, 1995
hundred dollars (
,500). (JX
5a - 5d) Thus, the August 17, 1993 notices of determination
assessed a one thousand dollar (
,000) penalty for each late filing, or four thousand dollars ($4,000) in total penalties. On
September 17, 1993, Respondent filed an answer contesting the
August 17, 1993 notices of determination i…
ERISACourt RulingsFeb 22, 2000★ strong match
…ch stated in full:
The Court agrees that if the Respondent do not provide the final
versions of the revised Annual Report Forms 5500 C/R, the
participant benefit statements, and the Summary Annual Reports on
this schedule, or in the event of a dispute regarding whether or
not Respondent have submitted these documents i…
91 FR 9213 — Requirement To Provide Paper Statements in Certain Cases-Amendments to Electronic Disclosure Safe Harbors ERISAProposed Rules (FR)Proposed Feb 25, 2026★ strong match
…n collections to the Office of Management and Budget (OMB) in accordance with 44 U.S.C. 3507(d) for review of its information collections. The Department and OMB are particularly interested in comments that:
Evaluate whether the collection of information is necessary for the proper performance of the functions of the a…
81 FR 21147 — Amendment to and Partial Revocation of Prohibited Transaction Exemption (PTE) 84-24 for Certain Transactions Involving Insurance Agents and Brokers, Pension Co… ERISAFinal Rules (FR)Apr 8, 2016related by meaning
53.
FINRA Regulatory Notice 12-25, p. 3 (2012).
Back to Citation
54.
Donovan
v.
Mazzola,
716 F.2d 1226, 1232 (9th Cir. 1983).
Back to Citation
55. One commenter requested an adjustment to the “prudence” component of the Best Interest standard, under which the standard would be that of a “prudent person serving cli…
89 FR 43675 — Prohibited Transaction Exemption 2006-06 for Services Provided in Connection With the Termination of Abandoned Individual Account Plans ERISAFinal Rules (FR)May 17, 2024related by meaning
lan or other account established pursuant to this exemption or any duly authorized representative of such account holder.
D. Other Ministerial Changes The Department is also making a few ministerial changes to the exemption that will not substantively alter the conditions or relief provided under the exemption. Specifi…
89 FR 23090 — Amendment to Prohibited Transaction Class Exemption 84-14 for Transactions Determined by Independent Qualified Professional Asset Managers (the QPAM Exemption) ERISAFinal Rules (FR)Apr 3, 2024related by meaning
as well.
Back to Citation
52.
Section I(k) of the Proposed Amendment has been renumbered in the Final Amendment as Section I(j).
Back to Citation
53. The Department additionally clarifies that the certification of the independent audit would come at some point after an individual exemption is granted and the One-Year…
ERISACourt RulingsApr 12, 1995
g of an accountant's
report is capped at $50,000.
The following facts are undisputed. On June
11, 1993, PWBA issued a Notice of Rejections to the Plan Administrator of the Bakery and Confectionery Workers Local 125
Health and Welfare Fund notifying the Plan Administrator that the
annual report had been rejected. The No…
88 FR 76004 — Proposed Amendment to Prohibited Transaction Exemption 84-24 ERISAProposed Rules (FR)Proposed Nov 3, 2023related by meaning
v
website), including as part of a comment responding to the broader proposed rule. Comments are due by January 2, 2024 to ensure their consideration. PRA Addressee:
Address requests for copies of the ICR to James Butikofer, Office of Research and Analysis, U.S. Department of Labor, Employee Benefits Security Administr…
ERISACourt RulingsApr 28, 1995
…A.
Because this new audit, performed according to generally accepted
auditing standards, included a review of employer records
concerning the hours worked by union members, the IQPA was
satisfied that employer contributions were complete and an
unqualified opinion was rendered. (CX-5).
87 FR 45204 — Proposed Amendment to Prohibited Transaction Class Exemption 84-14 (the QPAM Exemption) ERISAProposed Rules (FR)Proposed Jul 27, 2022related by meaning
… enter into a party in interest transaction with its plan but leaves the ultimate determination and review to a QPAM.
Back to Citation
37. Proposed Amendment to PTE 84-14, 68 FR 52419, 52423 (Sept. 3, 2003).
Back to Citation
38.
For purposes of these changes, the Department used March 1984 and December 2021 as the re…
ERISACourt RulingsJun 9, 2000
…993. The
draft was not signed. (J-24). An executed copy was submitted on
July 13, 1993. (J-25).
II. Procedural History
After the Regional Administrator issued the
Notice of Assessment on November 24, 1992, assessing a total
of $50,000.00 in civil penalties against Respondent for violations
under sections 406 and 502 of…
89 FR 32302 — Amendment to Prohibited Transaction Exemption 84-24 ERISAFinal Rules (FR)Apr 25, 2024related by meaning
… the Treasury to grant administrative exemptions under Code section 4975 to the Secretary of Labor. Procedures Governing the Filing and Processing of Prohibited Transaction Exemption Applications were amended effective April 8, 2024 (29 CFR part 2570, subpart B (89 FR 4662 (January 24, 2024)).
Back to Citation
8.
See…
ERISACourt RulingsMar 29, 1995
…
to support the assessed penalty primarily because of the time that
passed between the September 7, 1993 Notice of Rejection (EX 2) and
Respondent's November 26, 1993 letter to PWBA regarding the
retention of an IQPA (EX 3). PWBA correctly points out that
Respondent had a 45 day penalty-free period within which to file…
81 FR 21089 — Class Exemption for Principal Transactions in Certain Assets Between Investment Advice Fiduciaries and Employee Benefit Plans and IRAs ERISAFinal Rules (FR)Apr 8, 2016related by meaning
ublic Arbitrator” is defined in FINRA rule 12100(u). According to FINRA, non-“Public Arbitrators” are often referred to as “industry” arbitrators.
See Final Report and Recommendations of the FINRA Dispute Resolution Task Force, released December 16, 2015.
Back to Citation
44.
SEC Release No. 34-31371 (Oct. 28, 1992), …
87 FR 73822 — Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights ERISAFinal Rules (FR)Dec 1, 2022related by meaning
…ly 8, 1988; to the Honorable Jack Kemp, dated Nov. 23, 1990; and to Mr. Stuart Cohen, dated May 14, 1993. The Department also issued a number of prohibited transaction exemptions that touched on these issues.
See
81 FR 43430 — Department of Labor Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments ERISAFinal Rules (FR)Jul 1, 2016
…y, the amount of the increase is not limited by the statutory cap. Consequently, § 578.300(a)(1) is revised to increase the penalty for violations of the posting requirement of the FMLA from $110 to $163 for each separate offense.
E. Occupational Safety and Health Administration (29 CFR Parts 1902, 1903)
1. General
Thi…
81 FR 21181 — Amendment to and Partial Revocation of Prohibited Transaction Exemption (PTE) 86-128 for Securities Transactions Involving Employee Benefit Plans and Broker-De… ERISAFinal Rules (FR)Apr 8, 2016related by meaning
…rohibited transaction exemption, analyzing the economic impact of the proposals, and developing the revised paperwork burden analysis summarized below.
In connection with publication of this final amendment to and partial revocation of PTE 86-128 and this final amendment to and partial revocation of PTE 75-1, the Depar…