EBSA's goal in providing direct assistance is to
raise the knowledge level of plan participants and beneficiaries, service
providers and other interested parties and to ensure that they have access to
available plan documents filed with the Department of Labor.
This enables participants to better understand
and exercise their rights under the law and, when possible, to recover any
benefits to which they may be entitled. This also allows practitioners the
opportunity to better understand and comply with the law.
If you telephone or write our office, you can expect:
If you write our office, you can expect:
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A written reply within 30 days after we receive your letter
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A clear, easy to understand response to your letter
You will always receive straightforward
information on how the law applies to your circumstances, information about
options that may be available, respect for your privacy and the name of the
EBSA employee assisting you.
Individualized participant assistance is offered
by our national and field offices. When you write, call or visit our offices in
search of assistance, you will receive information that will inform you of your
rights and help you seek benefits. We are available to explain how the relevant
statutes EBSA enforces apply to you and, in appropriate cases, the Agency will
make inquiries on your behalf. Such inquiry will be informal and generally will
not include litigation on your behalf or provision of legal advice. We will be
vigilant in identifying and acting upon patterns of complaints.
Complaints involving alleged violations of ERISA
are handled by our national and field office technical assistance staff and
investigators. Those who file complaints with us can expect a prompt and
courteous response from our staff. Every complaint received will
be pursued and, if determined to be valid, resolution will be
sought through informal dispute resolution. You can expect to
receive a status report from the assigned benefits advisor every 30
days. If your valid complaint cannot be resolved informally,
it may be referred for further review by our enforcement
staff. While we cannot ensure that every complaint
will result in an investigation, at the conclusion of enforcement activity, if
requested, we will furnish an understandable explanation of the outcome of our
review and investigation.
When you write, call or communicate with us electronically for
assistance or with a complaint, we need certain information to help you. It
would be helpful to have this information available when you telephone. If you write
us, you should include this information in your
correspondence or email:
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Your name and daytime
telephone number
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A brief explanation of your
problem
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Evidence that you have filed a
claim for benefits
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Name, address and telephone
number of your employer or plan official to be contacted
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Your permission to inquire on
your behalf, if necessary
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Employment dates, birth date,
social security number, policy number or other identification
numbers
For technical assistance and complaints, you
should call EBSA's toll free number at 866.444.3272.
Please
note: The law is not all-encompassing and you may not always be pleased with
the remedy or with the explanation you receive. Also, some actions of employers
may not always seem fair or honorable yet may be legal. We will be sensitive to
your situation but may not always be able to provide you with a
solution.
Requests for pension plan documents on file with
the Department of Labor are handled by the EBSA Public Disclosure staff. Our
employees are available during regular office hours to process your requests.
You should expect your request to be handled in a timely, courteous and
efficient manner. Our policy is to fill all requests for:
All large special requests will be acknowledged
within 5 working days. At that time, our staff will provide an estimated date
for completion and will keep you apprised of any problems arising during the
processing stage.
All requests for documents submitted under the
Freedom of Information Act will be filled or acknowledged within 20 days after
receipt by the disclosure officer.
All document requests will be processed on a
first-come, first-served basis.
We will inform requestors of any backlog. We need
certain information to help you when you contact our disclosure office for
assistance, either by telephone or by mail:
More information about requesting documents from
the EBSA is available on our Web site. Send requests for copies of documents to:
U.S. Department of Labor Employee
Benefits Security Administration Public Disclosure Room 200
Constitution Avenue, NW, Suite N-1513 Washington, DC 20210 Tel
202.693.8673
EBSA's goal in responding to requests for
interpretations and other rulings is to facilitate compliance with
ERISA, and
the department's regulations through useful and timely interpretive guidance to
plan participants, plan sponsors and other members of the employee benefits
community.
Such requests under Title I of ERISA are handled
by EBSA's Office of Regulations and Interpretations (ORI) under the provisions
established by ERISA Procedure 76-1 (41 Federal Register 36281, August 27,
1976). The office generally answers inquiries from individuals and
organizations in the form of advisory opinions, which apply the law to a
specific set of facts, or information letters, which merely call attention to
well established principles or interpretations.
Requests for interpretations and other rulings
will be acknowledged within 2 weeks of receipt. Each acknowledgment letter will
identify the pension law specialist to whom the request has been assigned and a
telephone number for directing questions concerning the request. EBSA's goal is
to provide a response or assessment of the request within 180 days of receipt.
Applicants will be kept informed of the status of their request on a periodic
basis. Applicants will be treated courteously and with respect. Send
requests for interpretations and other rulings to:
U.S. Department of Labor
Employee Benefits Security Administration
Office of Regulations and Interpretations
200 Constitution Avenue, NW, Suite N-5669
Washington, DC 20210 Tel 202.693.8500
U.S. Department of Labor
Employee Benefits Security Administration
Office of Health Plan Standards and Compliance Assistance
200 Constitution Avenue, NW, Suite N-5653 Washington, DC 20210
Tel 202.693.8335
Applications for exemptions under Title I of ERISA
are handled by EBSA's Office of Exemption Determinations (OED). OED staff will
advance the protections of ERISA by timely processing of exemption requests
under Title I of ERISA, ensuring establishment of effective conditions and
safeguards to protect plans, participants and beneficiaries, and facilitating
meritorious transactions that would otherwise be prohibited. In processing
exemptions, we will minimize regulatory and administrative burdens to the
extent feasible, while protecting the rights of plan participants and
beneficiaries.
All applicants for exemptions will be
acknowledged and assigned to an analyst within 2 weeks of receipt. The analyst
will provide a preliminary reaction to the application within 30 days. The name
and telephone number of the analyst will also be provided as the contact person
for information concerning the status of the application.
Applicants will be kept informed of any
significant developments in the processing of the request and any change to the
estimated completion date. Applicants will be treated courteously and with
respect. Send applications for exemptions to:
U.S. Department of Labor Employee
Benefits Security Administration Office of Exemption Determinations 200
Constitution Avenue, NW, Suite N-5649 Washington, DC 20210 Tel
202.693.8540
EBSA wants to give all of our customers the best service possible. You may email the
national office or contact the EBSA office nearest you. We will continue to
evaluate and improve our service and will survey our customers from time to
time to determine whether we are meeting your needs.
We care about what you think of our services and
welcome your comments and suggestions. Please feel free to let us know what you
think of the service you received. Send your comments to:
U.S. Department of Labor Employee
Benefits Security Administration 200 Constitution Avenue, NW, Suite
N-5623 Washington, DC 20210 Attn: Customer Service Representative
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