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…
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…
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…
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 The first proposed amendment to the rule was withdrawn on April 20, 2015,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 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…
ERISACourt RulingsNov 18, 1994★ strong match
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
ely filing of annual reports for the
fiscal years 1988, 1989, 1990 and 1991. Therefore,
ORDER
IT IS ORDERED that assessment of the civil money penalty against the Respondent in the total amount of four thousand dollars
($4,000) is hereby REVERSED.
Furthermore, IT IS ORDERED that, in the event of future
noncompliance wi…
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…
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…
ERISADOL Technical ReleasesAug 12, 1988★ strong match
…lief retroactive to the effective date of the regulation, to the following address by September 30, 1988:
Office of Regulations and Interpretations
Pension and Welfare Benefits Administration
Room N-5671, U.S. Department of Labor
Washington, D.C. 20210
88 FR 76032 — Proposed Amendment to Prohibited Transaction Exemptions 75-1, 77-4, 80-83, 83-1, and 86-128 ERISAProposed Rules (FR)Proposed Nov 3, 2023related by meaning
nd that the Department may request such information.
(4) Failure to maintain the required records necessary to determine whether
( printed page 76045) the conditions of this exemption have been met will result in the loss of the exemption only for the transaction or transactions for which records are missing or have no…
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…
89 FR 32302 — Amendment to Prohibited Transaction Exemption 84-24 ERISAFinal Rules (FR)Apr 25, 2024related by meaning
als issued by the SEC or its staff, the Department retains interpretive authority with respect to satisfaction of this exemption.
Back to Citation
12. To the extent a party receives ongoing compensation for a recommendation that was made before the Applicability Date, including through a systematic purchase payment or…
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).
Back to Citation
8.
43 FR 47713 (Oct. 17, 1978). Congress subsequently ratified Reorganization Plan No. 4 in 1984. See Sec. 1, Public La…
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.
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7.
67 FR 64137 (October 17, 2002).
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8.
See Advisory Opinion 2011-08A (June 21, 2011).
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9.
This proposal would move the definitions from Section I to Section VII. The other sections are re-ordered…
ERISADOL Technical Releases★ strong match
ing and disclosure relief may be appropriate for contributory welfare plans with respect to which relief from the trust requirement is made available. The Department recognizes that there has been considerable confusion on the part of sponsors and fiduciaries of cafeteria and other contributory welfare plans with respe…
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
upremacy when the two regimes cannot be harmonized or accommodated”).
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50.
See BancOklahoma Mortg. Corp.
v.
Capital Title Co., Inc., 194 F.3d 1089 (10th Cir. 1999) (stating that McCarran-Ferguson Act bars the application of a federal statute only if (1) the federal statute does not specifically relate…
85 FR 82798 — Prohibited Transaction Exemption 2020-02, Improving Investment Advice for Workers & Retirees ERISAFinal Rules (FR)Dec 18, 2020related by meaning
ired notice and comment rulemaking, citing
Am. Min. Cong.
v.
Mine Safety & Health Admin.,
995 F.2d 1106, 1112 (D.C. Cir. 1993), and
Chao
v.
Rothermel, 327 F.3d 223, 227 (3d Cir. 2003). The Department disagrees that the factors cited in these cases are satisfied. In this regard, there would be an adequate legislative ba…
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)).
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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…