ERISACourt RulingsNov 18, 1994★ strong match
… over 100 employees. The 1988 annual
report for each plan was due on July 31, 1989.
On February 19, 1991, the DOL notified Spalding that the
annual reports filed for 1988 for the three plans were deficient
because these plans were not exempt from the requirements that
plans with 100 or more participants must attach a r…
ERISACourt RulingsFeb 1, 1993
h 13, 1991, attorney
Richard B. Fellows responded on Respondent's behalf by letter to
Joseph Roberts of DRC, referencing a telephone conversation with r. Roberts on March 13, 1991, and advising that steps were being
taken to compile an accountant's report, and an attempt would be
made to file these accountant's reports…
ERISACourt RulingsJul 26, 1995
…e
under the penalties of perjury.
TYCOR responded to the Notice of Intent by letter dated
April 12, 1991. This letter enclosed the Statement of Net Assets
in comparative format, a Schedule of Assets Held for Investment,
and a Schedule of Reportable Transactions, along with another
copy of the previously submitted IQPA'…
ERISACourt RulingsFeb 2, 1993
…"Portfolio Summary" as of December 31,
1988 that is summarized above.
By a letter dated January 11, 1991, Ft/BA gave
notice to Respondent that it intended to assess a penalty for the
continued failure to submit a satisfactory annual report, one which
included an independent audit opinion. Respondent replied on
February…
ERISACourt RulingsSep 27, 1993
…owing the receipt of the above
mentioned letters, Braniff informed DOL by letter dated February 22, 1991, that it was advised by its accountant that no IQPA report
was required with its filings of the annual reports due to the
plans' funding arrangement under a 501(c)(9) trust (Joint Exhibit
4).
10. On September 6, 199…
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
tion.
Back to Citation
14.
67 FR 64137 (October 17, 2002).
Back to Citation
15.
See
Advisory Opinion 2011-08A (June 21, 2011).
Back to Citation
16. As noted above, for purposes of this amendment, the terms “Individual Retirement Account” or “IRA” mean any account or annuity described in Code section 4975(e)(1)(B) t…
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”).
Back to Citation
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…
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
act me if you have any questions at [Insert Telephone Number of a Person Employed by the Applicant Who Is Knowledgeable About this Matter].
Sincerely, [Insert Name and Title of Person Employed by the Applicant]
Footnotes
1.
Under Reorganization Plan No. 4 of 1978, 5 U.S.C. App., the authority of the Secretary of Treas…
ERISACourt RulingsApr 27, 1995★ strong match
…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
as a completed Form 5…
ERISACourt RulingsMay 30, 1995
…by both parties. In addition,
DOL submitted Complainant's Brief on March 10, 1995, and
Respondent's Memorandum of Law in Opposition to Complainant's
Assessment of Civil Penalty was filed on March 13, 1995.
[Page 2]
Findings of Fact
The parties filed a Joint Statement of Facts
Not in Dispute that are incorporated herein…
89 FR 32260 — Amendment to Prohibited Transaction Exemption 2020-02 ERISAFinal Rules (FR)Apr 25, 2024related by meaning
4.
See John Hancock Mut. Life Ins. Co.
v.
Harris Trust & Sav. Bank,
510 U.S. 86, 98 (1993).
Back to Citation
105.
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 doe…
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
ation, or increase expenditures by the private sector of more than $100 million, adjusted for inflation.
( printed page 43682)
K. Federalism Statement Executive Order 13132 (August 4, 1999) outlines fundamental principles of federalism and requires the adherence to specific criteria by Federal agencies in the process o…
ERISACourt RulingsAug 25, 1995related by meaning
which there was no exemption. By
engaging in a prohibited transaction for which there is no
exception, AMCI is liable for the penalty imposed by ERISA §502(i), 29 U.S.C. § 1132(i). By engaging in a
prohibited transaction for which there is no exception, Taggart
is liable for the penalty imposed by ERISA § 502(i), 29
U.…
ERISACourt RulingsFeb 22, 2000★ strong match
…he first amendment is dated 1989, although he
said 1987, and he testified that there was another in 1991. The
record contains the 1989 First Amended Plans. (JX 20 and 21)
Vesting requirements were changed, and had to be considered in the
1992 reports, which had an effect on when they were hired before
1992, which also …
ERISACourt RulingsMar 29, 1995
…n also advised Respondent that he had a
45 day penalty-free period within which to file a corrected 1991
Annual Report. EX 2.
5. On November 26, 1993, Respondent informed PWBA that a IQPA
had been retained to audit the Fund and prepare a corrected 1991
Annual Report. Respondent stated that the new audit would be
submit…
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…
89 FR 32302 — Amendment to Prohibited Transaction Exemption 84-24 ERISAFinal Rules (FR)Apr 25, 2024related by meaning
$165.71)] ≉ $28,683,939.
Back to Citation
107.
5 U.S.C. 601
et seq.
Back to Citation
108.
5 U.S.C. 601(2), 603(a);
see5 U.S.C. 551.
Back to Citation 109.
Public Law 104-4, 109 Stat. 48 (Mar. 22, 1995).
Back to Citation
110.
See
“The Department's Role Related to the Sale of Insurance Products to Retirement Investor…
89 FR 4662 — Procedures Governing the Filing and Processing of Prohibited Transaction Exemption Applications ERISAFinal Rules (FR)Jan 24, 2024related by meaning
Retirement Income Security Act of 1974 (ERISA);
(2) Section 4975(c)(2) of the Internal Revenue Code of 1986 (the Code); or
Note 1 to paragraph (a)(2). See H.R. Rep. No. 1280, 93d Cong., 2d Sess. 310 (1974), and also section 102 of Presidential Reorganization Plan No. 4 of 1978 (3 CFR, 1978 Comp., p. 332, reprinted in 5…
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).
Back to Citation
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…
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…