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Section 512 of ERISA
provides for the establishment of an Advisory Council on Employee
Welfare and Pension Benefit Plans, known as the ERISA Advisory
Council. The duties of the council are to advise the Secretary and
submit recommendations regarding the Secretary's functions under
ERISA.
The council consists of 15 members appointed by the
Secretary of Labor. Three members are representatives of employee
organizations (at least one of whom represents an organization whose
members are participants in a multiemployer plan). Three members are
representatives of employers (at least one of whom represents employers
maintaining or contributing to multiemployer plans). Three members are
representatives of the general public. There is one representative each
from the fields of insurance, corporate trust, actuarial counseling,
investment counseling, investment management, and accounting. Members
must be qualified to appraise the programs instituted under ERISA.
Members are appointed for three-year terms with five terms expiring on
November 14 of each year. The council holds at least four meetings each
year, which are open to the public. The council is subject to the
Federal Advisory Committee Act.
Vacancies for the council are announced each year in the Federal
Register. Notice is given that any person or organization desiring to
recommend one of more individuals for appointment to the council may
submit recommendations to the attention of the council's executive
secretary. The notice includes the date by which recommendations must be
submitted.
Recommendations may be in the form of a letter, resolution or
petition, signed by the person making the recommendations, or in the
case of a recommendation by an organization, by an authorized
representative of the organization. Each recommendation should identify
the candidate by name, occupation or position, telephone number,
address, and e-mail address, a brief description of the candidate's
qualifications, and the position (group or field) for which he or she is
nominated. For the purposes of ERISA section 512, the candidate's
political party affiliation must be noted, as section 512 requires that
no more than eight council members may be of the same political party.
The recommendation also must state whether the candidate is available
and would accept appointment to the council.
Letters received in nominating or recommending candidates for a
position on the council are evaluated for completeness and qualification
of the candidate. Nominating letters are acknowledged. Nominees are
requested to complete a form declaring their political affiliation
according to Section 512 of ERISA and are reminded of the time
commitment necessary to work on the council. Letters of support for
candidates are welcome and are acknowledged.
Once the nomination process is completed, the Assistant Secretary of
the Employee Benefits Security Administration reviews the nominations
and submits recommendations to the Secretary. The Secretary then
appoints the five new members.
In addition, the Secretary selects the chair and vice chair of the
council based upon the advice and recommendation of the Assistant
Secretary.
The Executive Secretary position for the Advisory
Council is established by Section 512 of ERISA. The Executive Secretary
provides staff support to the Office of the Assistant Secretary of
Labor, Employee Benefits Security Administration, regarding Advisory
Council activities; schedules, coordinates and provides administrative
support to all Advisory Council meetings; plans and
coordinates the selection process for new members of the Advisory
Council; prepares reports regarding the Advisory Council's activities;
and establishes and maintains the archives of the Advisory Council.
After due consideration and debate, the council reaches a consensus
to focus on issues important to the administration of ERISA,
historically three to four issues each year. The Office of the Assistant
Secretary of the Employee Benefits Security Administration may suggest
issues to the council to be studied during the year. For each issue, the
council defines the issue to investigate, takes testimony from
witnesses, and submits a report of findings and recommendations. The
council chair selects a chair and vice chair to lead the council’s
work on each issue.
During scheduled meetings, the council hears testimony from experts
on the issues, asks questions, and discusses findings and
recommendations. A wide variety of witnesses are identified with a view
to inviting them to testify before the council. During a typical
meeting, the chair or vice chair calls the meeting to order and states
the purpose of the meeting. If work assignments have been given to
members, the chair invites a report. If witnesses have been invited to
testify, they are called forward and requested to speak, limiting their
testimony to 20 minutes. Witnesses usually submit written testimony,
which is distributed to the members and the public and made part of the
official record of the meeting. Members ask questions of each witness.
When no further questions are forthcoming, the chair thanks and excuses
the witness. The process continues until all witnesses scheduled for the
meeting have been heard.
The issue chair invites members to discuss events of the meeting,
encouraging them to express their views and concerns. Upon completion of
discussion, the chair will invite statements from the general public.
After statements from the general public and any discussion, the chair
will ask for a motion to adjourn.
The council members study testimony and deliberations that took place
on various issues during the council year. The council chair and issue
chairs may designate members of a subcommittee who draft reports to
present to the council for its consideration. These reports include
summaries of witness testimonies, findings, and recommendations. The
council’s decisions are made at scheduled meetings open to the general
public.
November 14 is the end of the council term. The issue chairs present
their findings and recommendations to the council at the final meeting
of the year. The council discusses each report and accepts it by vote as
presented or with modifications. The council then presents the findings
and recommendations to the Secretary or the Secretary’s designated
representative at the final meeting.
The final act of the council term is when the council Chair, in a
letter to the Secretary of Labor, transmits the reports.
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Elizabeth J. Dill (2007-2009),
Worldwide Partner of Mercer Human Resource Consulting, Los Angeles,
CA, representing Actuarial Counseling, Advisory Council Chair
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Marc LeBlanc (2008-2010), Fund
Administrator and General Counsel of the Sheet Metal Workers’
National Pension Fund, Alexandria, VA, representing Employee
Organizations, Advisory Council Vice Chair
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Patricia Brambley (2007-2009),
President of Resources for Retirement, Newtown, PA, representing
Investment Counseling
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Randy G. DeFrehn (2007-2009),
Executive Director of National Coordinating Committee for
Multiemployer Plans, Washington, DC, representing Employee
Organizations
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Richard J. Helmreich (2007-2009),
Partner of Porter Wright Morris & Arthur, Columbus, OH,
representing the General Public
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Stephen W. McCaffrey (2007-2009),
Senior Counsel of National Grid Corporation, Brooklyn, NY,
representing Employers
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Mary Nell Billings (2008-2010),
Manager, Employee Benefits at FedEx Express, Memphis, TN,
representing Employers
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David Evangelista (2008-2010),
Principal of MSPC Certified Public Accountants and Advisors,
Cranford, NJ, representing Accounting
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Sanford Koeppel (2008-2010), Vice
President of Legislative & Regulatory Affairs of Prudential
Financial, Iselin, NJ, representing Insurance
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Kevin A. Wiggins (2008-2010),
Attorney, Clarksburg, WV, representing the General Public
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Theresa Atanasio (2009-2011), Vice
President/Lead Group Council Counsel, Ameriprise Financial, Inc.,
Minneapolis, MN, representing Investment Management
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Dr. Sewin Chan (2009-2011),
Associate Professor of Public Policy, New York University Robert F.
Wagner Graduate School of Public Service, New York, NY, representing
the General Public
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Theda R. Haber (2009-2011),
Managing Director/Deputy Global General Counsel, Barclays Global
Investors, San Francisco, CA, representing Corporate Trust
These documents were produced
by the Advisory Council on Employee Welfare and Pension Benefit Plans,
which was created by ERISA to provide advice to the Secretary of
Labor. Their contents do not necessarily represent the position of
the Department of Labor.
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Issue Statement:
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