ERISACourt RulingsJan 20, 1998
…Loan No. 1310001. Ex. C23.
10CD No.
11813-17572 was outstanding from October 13, 1987 to January 1,
1988 at an annual interest rate of 7.00%. Ex. C10.
11CD No.
11813-17579 was outstanding from October 19, 1987 to January 1,
1988 at an annual interest rate of 7.00%. Ex. C26.
12CD No.
11813-17578 was outstanding from Oct…
90 FR 3667 — Prohibited Transaction Exemption (PTE) 2002-51 To Permit Certain Transactions Identified in the Voluntary Fiduciary Correction Program ERISAFinal Rules (FR)Jan 15, 2025related by meaning
e use of the SCC and suggested that the Department should allow self-correctors to choose whether (a) to provide notice to interested persons (but
not to EBSA) or (b) make the plan contribution. After considering these comments, the Department has not made this change. Self-correctors have a streamlined procedure for s…
89 FR 32346 — Amendment to Prohibited Transaction Exemptions 75-1, 77-4, 80-83, 83-1, and 86-128 ERISAFinal Rules (FR)Apr 25, 2024related by meaning
this provision undermines the careful balance of labor relations in this country and argued that it is preempted by the National Labor Relations Act. After consideration of the comments, the Department has deleted the proposed recordkeeping requirements applicable to Section VII of PTE 86-128. However, as with PTE 202…
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
proposal and updated economic analysis. The first proposed amendment to the rule was withdrawn on April 20, 2015,
see80 FR 21927.
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10. Subsequent to the issuance of these regulations, Reorganization Plan No. 4 of 1978, 5 U.S.C. App. (2010), divided rulemaking and interpretive authority between the Secr…
ERISACourt RulingsFeb 2, 1993
ed nonvested accounts.
Respondent's 1988 annual report for the ESOP plan showed a total
of 190 participants, including 31 retired or separated persons entitled to future benefits; 103 active employees fully vested; 38
employees partially vested; and 18 employees nonvested.
The Laine, Appold year-end 1988 audit stated
t…
ERISACourt RulingsSep 27, 1993
…mely annual reports with the IRS for each of the plans, including plan 504, for the plan year ended
1988. This information was transmitted by the IRS to the Department
of Labor ("DOL") (Joint Stipulation of fact paragraph 10).
7. Based on Braniff's interpretation of the
regulations at 29 C.F.R. § 2520.103-8, Braniff di…
81 FR 43430 — Department of Labor Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments ERISAFinal Rules (FR)Jul 1, 2016
…801.42—Civil Money Penalties—Assessment
Section 6(a)(1) of the Employee Polygraph Protection Act of 1988 (EPPA), 29 U.S.C. 2005(a)(1) and existing 29 CFR 801.42(a) impose a civil money penalty of not more than $10,000 for any violation of the EPPA or of part 801. The maximum penalty amount last established by statute o…
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
Underwriter” is defined in the same manner as that term is defined in section 2(a)(29) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)(29)). (n) The term “relative” means a “relative” as that term is defined in ERISA section 3(15) (or a “member of the family” as that term is defined in Code section 4975(e)(6)…
ERISACourt RulingsNov 18, 1994
oximately $2,700,000.
Audits for 1988 by Deloitte & Touche which were submitted to the
Department on February 25, 1992 showed that the three plans had combined total assets, including unreimbursed claims, of
$521,000.
In 1988, absent an applicable exemption from ERISA's
reporting requirements, Plans AA, FF and H each r…
ERISACourt RulingsAug 25, 1995★ strong match
…was
required to pay Respondent AMCI $100,000.00 per year for five
calendar years beginning with the 1988 calendar year. (Stip.
Fact 23; J-Ex. 16).
36. Under the terms of the consulting agreement, MPEHA was
required to reimburse Respondent AMCI for reasonable and
necessary travel and other expenses. (Stip. Fact 24; J-Ex…
ERISACourt RulingsApr 27, 1995★ strong match
…hereinafter referred to as "the Respondent"] for the late filing
of annual reports for fiscal years 1988, 1989, 1990 and 1991.
Under Section 104(a)(1)(A) of ERISA, the administrator of an
employee benefit plan is required to file an annual report within
210 days of the close of the plan year. The annual report appears
…
ERISACourt RulingsFeb 1, 1993
…nded
differently. For example, the medical and dental plans were paid
for by Spalding until July 1, 1988, when employees began making
contributions. The life insurance was a cafeteria plan in which
Spalding paid for a benefit equal to the employee's salary, and the
employee had an option of paying for an increase in be…
80 FR 22021 — Proposed Amendment to and Proposed Partial Revocation of Prohibited Transaction Exemption (PTE) 86-128 for Securities Transactions Involving Employee Benefit P… ERISAProposed Rules (FR)Proposed Apr 20, 2015related by meaning
s) earned in connection with the transactions covered by the exemption.
Back to Citation
7.
67 FR 64137 (October 17, 2002).
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8.
See Advisory Opinion 2011-08A (June 21, 2011).
Back to Citation
9.
This proposal would move the definitions from Section I to Section VII. The other sections are re-ordered…
89 FR 32302 — Amendment to Prohibited Transaction Exemption 84-24 ERISAFinal Rules (FR)Apr 25, 2024related by meaning
r” a State law is to hinder its operation or “frustrate [a] goal of that law.”
Humana Inc. V. Forsyth,
525 U.S. 299, 308 (1999).
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113. Reorganization Plan No. 4 of 1978 (5 U.S.C. App. 1 (2018)) generally transferred the authority of the Secretary of the Treasury to grant administrative exemptions under…
ERISADOL Technical ReleasesAug 12, 1988
…ions to Cafeteria Plans and Consideration of a Regulatory Exemption
For Release: Friday, August 12, 1988
Contact: Mark Greenstein
Office: (202) 523-7901
Printable Version
The Department of Labor's Pension and Welfare Benefits Administration today announced its enforcement policy with respect to the application of its r…
90 FR 28004 — Removal of Interpretive Bulletins Relating to the Employee Retirement Income Security Act of 1974 ERISAFinal Rules (FR)Jul 1, 2025related by meaning
977) (“The attention of interested parties is directed to the fact that regulation 2550.408c-2 replaces Interpretive Bulletin 75-6”).
Back to Citation 7.
41 FR 3289 (Jan. 22, 1976).
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8.
43 FR 47713 (Oct. 17, 1978). Congress subsequently ratified Reorganization Plan No. 4 in 1984. See Sec. 1, Public La…
81 FR 20946 — Definition of the Term “Fiduciary”; Conflict of Interest Rule-Retirement Investment Advice ERISAFinal Rules (FR)Apr 8, 2016related by meaning
-21(d).
Back to Citation
48.
Reorganization Plan No. 4 of 1978 (5 U.S.C. App. (2000)).
Back to Citation
49.
Id. at section 102.
Back to Citation
50. Reorganization Plan, Message of the President.
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51.
See, e.g., Public Citizen
v.
Dep't of Health and Human Servs.,
332 F.3d 654, 668 (2003) (the ratif…
81 FR 21139 — Amendment to Prohibited Transaction Exemption (PTE) 75-1, Part V, Exemptions From Prohibitions Respecting Certain Classes of Transactions Involving Employee Be… ERISAFinal Rules (FR)Apr 8, 2016related by meaning
under section 4975 of the Code] is hereby transferred to the Secretary of Labor”).
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9.
29 CFR 2550.408b-2(e); 26 CFR 54.4975-6(a)(5). Back to Citation
10.
See
PTE 86-128, Exemption for Securities Transactions Involving Employee Benefit Plans and Broker-Dealers, 51 FR 41686 (November 18, 1986), as ame…
81 FR 59464 — Savings Arrangements Established by States for Non-Governmental Employees ERISAFinal Rules (FR)Aug 30, 2016related by meaning
anagement Association); Comment Letter # 55 (U.S. Chamber of Commerce); Comment Letter # 62 (Investment Company Institute).
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29.
See Code section 4975(d) (enumerating several statutory prohibited transaction exemptions); Code section 4975(c)(2) (authorizing Secretary of the Treasury to grant exemption…
80 FR 22004 — Proposed Amendment to Prohibited Transaction Exemption (PTE) 75-1, Part V, Exemptions From Prohibitions Respecting Certain Classes of Transactions Involving Em… ERISAProposed Rules (FR)Proposed Apr 20, 2015related by meaning
to Citation
11.
See
Preamble to PTE 75-1, Part V, 40 FR 50845 (Oct. 31, 1975); ERISA Advisory Opinion 86-12A (March 19, 1986).
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12. Because of this limitation, the Department views it as unnecessary to condition this exemption on the fiduciary's adherence to the impartial conduct standards, including…