MISSION AND FUNCTION:
The Division of Plan Benefits Security provides legal services to the
Employee Benefits Security Administration in connection with the
implementation and enforcement of the
Employee Retirement Income Security Act of 1974 (ERISA) and the Federal
Employees Retirement Security Act (FERSA).
These functions include the development of rules, exemptions, opinions and
interpretative guides. The Division also represents the Secretary in civil
litigation involving ERISA and certain administrative proceedings regarding
civil penalties imposed by the Secretary under ERISA. The Division also
coordinates the ERISA civil litigation and civil penalty administrative
litigation conducted by the ERISA enforcement components in the Regional
Solicitors Offices.
STATUTES: The Division is responsible for the legal work arising out
of the Department's administration and enforcement of (1) the Employee
Retirement Income Security Act of 1974 (ERISA), and (2) the Federal
Employees Retirement Security Act (FERSA).
DESCRIPTION OF DUTIES: Most of the professional staff is engaged in full-time Federal Court
litigation of matters arising under ERISA. This litigation consists of both
District Court enforcement cases arising out of investigations conducted by
the Department's
Employee Benefits Security Administration and an amicus curiae program
designed to clarify and provide consistency to judicial interpretations of
ERISA.
In addition
to its role in Federal litigation, PBSD is actively involved in all
regulatory and legislative Departmental activity involving ERISA and health
care reform. This role involves providing technical assistance and support
to congressional staffs, departmental and administration policy makers, the
regulated community, and plan participants and beneficiaries. It also
involves drafting and reviewing legislative proposals, Interpretive
Bulletins, advisory opinions, class exemptions, and policy initiatives
involving ERISA.
The text of amicus briefs filed by PBSD over recent months
can be found at the Office of the Solicitor
SOL Briefs web page.
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