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Content Note:
The Employee Benefits Security Administration (EBSA) is responsible for administering and enforcing the fiduciary, reporting and disclosure provisions of the ERISA. OALJ's role under ERISA is limited to conducting hearings where a party appeals certain EBSA civil money penalties. EBSA's web site contains an extensive collection of information concerning legal rights and responsibilities relating to employment benefits. EBSA also has a Toll Free Participant and Compliance Assistance Number, 1-866-444-3272, for questions regarding retirement and health benefit plans
Decisions:
- Reported Decisions
- Use Option 2 Search for slip opinons of unpublished ALJ decisions ("RIS"), or Option 1 for full-text searches of all ERISA decisions (ALJ, EBSA or the former PWBA)
- Employee Benefits Security Administration (EBSA) Advisory Opinions are located on the EBSA Web Site.
Other Resources:
- Judges' Deskbook (Revised May 2, 2011) -- HTM Version
- Judges' Deskbook (Revised May 2, 2011) -- PDF Version
- EBSA Enforcement Manual
Sample Answer:
Sample Answer EBSA regulations require that requests for hearings be in the form of an "answer" as defined in OALJ's Rules of Practice. This is a sample provided only for purposes of illustrating the form and format of a typical answer/request for hearing.
Appeals:
Most ALJ decisions are appealable to either the Administrative Review Board or the Benefits Review Board. In ERISA cases, however, an appeal is made to the Employee Benefits Security Administration itself. The EBSA office that handles appeals of ALJ decisions is:
Director of the Office of Policy and Research
Employee Benefits Security Administration
200 Constitution Ave, NW, Ste N-5718
Washington, DC 20210
See Secretary's Order 6-2009, 74 Fed. Reg. 21524-01, 2009 WL 1227622 (signed Apr. 30, 2009) (delegation of review authority to the Assistant Secretary for Employee Benefits Security).