ERISACourt RulingsFeb 22, 2000
… October,
1986, and represented approximately 50% of the total assets of the
two Plans. On July 26, 1996, ChiRO informed the trustees of the two Plans that its retention of the Westmont Property constituted a
violation of § 404 (a) (1) (B) of ERISA.
PWBA also informed the Administrator that
there were violations for th…
ERISACourt RulingsOct 14, 1999
…ther stated that, at the time, Comgraphix had engaged the Lauterbach accounting firm to
perform the 1996 audit, but shortly thereafter, Ben Marmande, CFO
of Racom, told Comgraphix representatives that he had consulted
with an ERISA attorney and had been advised that, under the
circumstances, the annual report could be …
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
with other existing class exemptions as well as the recordkeeping provisions of the other exemptions published in this issue of the
Federal Register
. One commenter addressed the proposed record keeping requirement. The commenter suggested that the requirement should contain a “reasonableness” standard. The commenter 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
tion
45.
15 U.S.C. 80b-11(g)(1).
Back to Citation
46.
See e.g., Fish
v.
GreatBanc Trust Company,
749 F.3d 671 (7th Cir. 2014).
Back to Citation
47. As a practical matter, one way for financial institutions to ensure that they can meet this burden is by implementing strong anti-conflict policies and procedures, and …
87 FR 70753 — Prohibited Transaction Exemption (PTE) 2002-51 To Permit Certain Transactions Identified in the Voluntary Fiduciary Correction Program ERISAProposed Rules (FR)Proposed Nov 21, 2022related by meaning
he Department no longer believes that posting the notification is reasonably calculated to ensure that interested persons actually receive the notice. The Department has reviewed several notices to interested persons submitted to the applicable Regional Offices and found that some of them do not meet the applicable req…
81 FR 47534 — Proposed Revision of Annual Information Return/Reports ERISAProposed Rules (FR)Proposed Jul 21, 2016
…established well before the enactment of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, 110 Stat. 1936 (Aug. 21, 1996); Title I of the Genetic Information Nondiscrimination Act of 2008, Public Law 110-233, 122 Stat. 881 (May 21, 2008); the Mental Health Parity Act of 1996, Public L…
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”).
Back to Citation
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…
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
burden for this new condition because it is expected to be de minimis and included in other notices sent to the Department.
G. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), the Department solicited comments concerning the information collection requireme…
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
…17 (N.D. Fla. 2009);
see also U.S.
v.
Rhode Island Insurers' Insolvency Fund,
80 F.3d 616 (1st Cir. 1996). The Supreme Court has held that to “impair” 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).
Back to Citation
41.
Reorganization Plan N…
89 FR 32260 — Amendment to Prohibited Transaction Exemption 2020-02 ERISAFinal Rules (FR)Apr 25, 2024related by meaning
…17 (N.D. Fla. 2009);
see also U.S.
v.
Rhode Island Insurers' Insolvency Fund,
80 F.3d 616 (1st Cir. 1996). The Supreme Court has held that to “impair” 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).
Back to Citation
106.
Reorganization Plan …
91 FR 46602 — Electronic Disclosure by Group Health Plans Under ERISA ERISAProposed Rules (FR)Proposed Jul 23, 2026
…le accounting for distinct statutory frameworks.
Back to Citation
22.
Public Law 104-191 (Aug. 21, 1996.
Back to Citation
23.
Public Law 104-204 (Sept. 26, 1996).
Back to Citation
24.
Public Law 110-343 (Oct. 3, 2008).
Back to Citation
25.
Public Law 104-204 (Sept. 26, 1996).
Back to Citation
26.
Public Law 105-27…
ERISACourt RulingsNov 8, 1996
…SA. DOL alleged that
Respondent failed to timely file its 1993 Form 5500 Annual Report. On June 12, 1996, Respondent filed a Statement of Reasonable Cause
with DOL. DOL issued a Notice of Determination on Statement of
Reasonable Cause on July 8, 1996. Therein, DOL waived $8,050 of the
original civil money penalty. A ci…
ERISACourt RulingsNov 10, 2015
… of this matter” by
failing to comply with the regulations at 29 C.F.R. § 2560.502(c)(2)(e) - (f). (Memo in Support at
2 Respondent appears to be arguing that the May 20, 2015 letter s hould be considered the applicable Notice of Intent
to Assess a Penalty .
3
On September 11, 2015, this Office faxed counsel for Respon…
ERISACourt RulingsOct 16, 1996
…he Notice, Respondent was given an
opportunity to file a Statement of Reasonable Cause. On June 19,
1996, Respondent filed the aforesaid Statement. Subsequently, DOL
issued a Notice of Determination on Statement of Reasonable Cause
on July 8, 1996. Therein, DOL waived $5,500 of the original penalty
($6,050) in this mat…
91 FR 16088 — Fiduciary Duties in Selecting Designated Investment Alternatives ERISAProposed Rules (FR)Proposed Mar 31, 2026
…S. Dep't of Labor, Employee Benefits Security Admin., Information Letter to Eugene Ludwig (Mar. 21, 1996), available at https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/resource-center/information-letters/03-21-1996.
Back to Citation
12.
U.S. Dep't of Labor, Employee Benefits Security Admin., Advisor…
75 FR 53172 — Prohibited Transaction Exemption Procedures; Employee Benefit Plans ERISAProposed Rules (FR)Proposed Aug 30, 2010★ strong match
…nological listing of all final authorizations granted by the Department pursuant to PTE 96-62 since 1996 may also be found at:
http://www.dol.gov/ebsa/Regs/expro_exemptions.html.
Back to Citation
4.
In addition, the texts of all
Federal Register
notices relating to prohibited transaction exemptions published since…
87 FR 45204 — Proposed Amendment to Prohibited Transaction Class Exemption 84-14 (the QPAM Exemption) ERISAProposed Rules (FR)Proposed Jul 27, 2022related by meaning
…
Back to Citation
46.
Federalism, 64 FR 153 (Aug. 4, 1999).
Back to Citation
47.
5 U.S.C. 804(2) (1996).
Back to Citation
48.
Regulatory Planning and Review, 58 FR 51735 (Oct. 4, 1993).
Back to Citation
49.
ERISACourt RulingsJun 26, 1996
…earch
Case Status
DOL Home > OALJ > ERISA > USDOL v. M & B Mini-BLind Corp.,
96-RIS-9 (ALJ June 26, 1996)
USDOL/OALJ Reporter
USDOL v. M & B Mini-BLind Corp., 96-RIS-9 (ALJ
June 26, 1996)
U.S. Department of Labor
Office of Administrative Law Judges
800 K Street, NW
Washington, DC 20001-8002
Date: June 26, 1996
Case No.…
DOL Office of Administrative Law Judges — USDOL, EMPLOYEE BENEFITS SECURITY ADMINISTRATION v. PLAN ADMINISTRATOR, WHITE MOUNTAIN APACHE TRIBE RETIREMENT SAVINGS AND 401(K) PROFIT SHARING PLAN ANNUAL RE… ERISACourt RulingsNov 30, 2016
…uity under the PPA [Pension
Protection Act] must be construed by E BSA in favor of the Tribe.” WMAT Memo in Supp. at 10. Respondent‟s Cross-motion further requests the Court find WMAT is “not required to file an
IQPA report as part of its operational compliance requirements under the PPA transition rules
prior to the d…