(a) Form, content and filing. All requests by participants,
beneficiaries, and fiduciaries for the Secretary of Labor to exercise
his enforcement authority pursuant to section 502(a)(5), 29 U.S.C.
1132(a)(5), with respect to a violation of, or the enforcement of, parts
2 and 3 of title I of the Employee Retirement Income Security Act of
1974 (the Act) shall be in writing and shall contain information
sufficient to form a basis for identifying the participant, beneficiary,
or fiduciary and the plan involved. All such requests shall be
considered filed if they are directed to and received by any office or
official of the Department of Labor or referred to and received by any
such office or official by any party to whom such writing is directed.
(b) Consideration. The Secretary of Labor retains discretion to
determine whether any enforcement proceeding should be commenced in the
case of any request received pursuant to paragraph (a) of this section,
and he may, but shall not be required to, exercise his authority
pursuant to section 502(a)(5) of the Act only if he determines that such
violation affects, or such enforcement is necessary to protect claims of
participants or beneficiaries to benefits under the plan.
[43 FR 50175, Oct. 27, 1978]
