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Section 512 of ERISA provides for the establishment of an Advisory Council
on Employee Welfare and Pension Benefit Plans. The council consists of 15
members appointed by the Secretary of Labor: three representatives of employee
organizations (at least one of whom represents an organization whose members
are participants in a multi-employer plan); three representatives of employers
(at least one of whom represents employers maintaining or contributing to multi-employer
plans); one representative each from the fields of insurance,
corporate trust, actuarial counseling, investment counseling, investment
management, and accounting; and three representatives of the general public
(one of whom represents those receiving benefits from a pension plan). 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 duties of the council are to advise the Secretary and submit
recommendations regarding the Secretary's functions under ERISA. The council
customarily holds four meetings each year which are open to the public.
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Appointment
Process
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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. Recommendations must be
submitted on or before a specified time and date.
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 and address, a brief description of
the candidate's qualifications, and the group or field which he or she would
represent. 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
must also 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 and nominees are requested to complete a
form declaring their political affiliation according to Section 512 of ERISA.
Letters of support for candidates are welcome and are also acknowledged. This
process continues until the close of business of the termination date
previously announced in the Federal Register for receiving nominations.
Once the nomination process is completed, the Assistant Secretary of the Pension
and Welfare Benefits Administration
reviews the nominations and submits recommendations to the
Secretary. The Secretary then appoints the five new members.
In addition, the chair and vice chair of the full council and working groups
are selected by the Secretary based upon the advice and recommendation of the
Assistant Secretary.
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Executive Secretary
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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, Pension and Welfare Benefits
Administration, regarding Advisory Council
activities; schedules, coordinates and provides administrative support to all
Advisory Council and Working Group 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.
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Working Process of the Advisory Council
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After due consideration and debate, the council forms a number of working
groups to focus on issues important to the administration of ERISA. The Office
of the Assistant Secretary of the Pension and Welfare Benefits Administration may also suggest issues to the
council to be
studied during the year. Historically, three or four working groups are formed
by the council each year.
During a regularly scheduled meeting of the council, the council receives
working groups' progress reports, discusses their findings, poses questions and
makes recommendations to the working groups. The council is the body
responsible for final decisions made with regard to all working group reports.
These decisions are made by the council at scheduled meetings open to the
general public.
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Working Group Meetings
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The purpose of the working groups is to identify and define subject issues,
to investigate, to take testimony from witnesses, and to submit a final or
interim report of findings and recommendations to the council for approval.
The first meeting of the working groups is organizational in nature. A wide
variety of witnesses are identified with a view to inviting them to testify
before the working group. The approach and strategy designed to study the
relevant issue is reported to the council for advise and consent. During the
course of the council term, all working groups report their progress to the
council. The council may offer input and guidance. Joint consultation among
working group members and the chairs between meetings is encouraged.
During a typical working group meeting, the chair or vice chair calls the
meeting to order, welcomes the general public, introduces members of the
working group, and states the purpose of the meeting. If work assignments have
been given to members of the working group, the chair invites a report. If
witnesses have been invited to testify, they are called forward and requested
to speak, limiting their testimony to 10 minutes. Witnesses often will submit
written testimony which is distributed to the working group and made part of
the official record of the meeting. Members of the working group are invited to
pose questions to 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 chair will invite members of the working group 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. Upon
completion of statements from the general public and any discussion, the chair
will ask for a motion to adjourn.
The working group studies testimony and deliberations that took
place on various issues during the council year. Meetings of the working groups
and reporting to the council of progress made continues until early November of
each year. Near the end of the council term, members of the working group may be
requested to summarize witness testimonies and deliberations of the group in
preparation of a final report of findings and recommendations to the council.
Between meetings, informal joint consultation takes place among members and
the chairs. Members may be called upon to review materials submitted by
witnesses, prepare summaries of witness testimonies, research and prepare
documents for an upcoming meeting, or seek additional witnesses for appearance
at working group meetings.
November 14 signals the end of the council term. The working groups present
their final or preliminary findings and recommendations to the full council at
the final meeting of the year. The council discusses each working
group report, accepts by vote as presented or with modifications.
The final act the council term is when the council Chair, in a letter to the
Secretary of Labor, transmits the working groups' reports as accepted by the
council.
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Working Group Reports
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2000
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1999
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1998
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1997
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1996
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2002
Advisory Council Members
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James
S. Ray (11/99-02) The Law Office of James S. Ray, Alexandria, Virginia,
representing Employee Organizations (Multiemployer Plans), Advisory Council
Chair
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Ronnie
Susan Thierman (11/00-03) Principal, Mercer Human Resources Consulting, San
Francisco, California, representing the Actuarial Profession, Advisory Council
Vice Chair
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Evelyn
F. Adams (11/99-02) International Project Manager, IBM Global Services,
Hyattsville, Maryland, representing the General Public
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Carl
T. Camden (11/99-02) President, Kelly Services, Inc., Troy, Michigan,
representing Corporate Trust
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Timothy
J. Mahota (11/99-02) General Counsel, Integral Development, Mountain View,
California, representing Employer Organizations
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Catherine
L. Heron (11/99-02) Assistant General Counsel, Capital Research and Management
Co., Los Angeles, California, representing Investment Management
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Norman
Stein (11/00-03) Professor, University of Alabama School of Law, Tuscaloosa,
Alabama, representing the General Public
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Robert
P. Patrician (11/00-03) Research Economist, Development and Research Department,
Communications Workers of America, AFL-CIO-CLC, Washington, DC, representing
Employee Organizations
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Dana
M. Muir (11/02-04) Associate Professor of Business Law, University of Michigan
Business School, Ann Arbor, Michigan, representing the General Public
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John
C. Szczur (11/02/04) Director of Investments, Central Pension Fund,
International Union of Operating Engineers and Participating Employers,
Washington, DC, representing Employee Organizations
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Judy
Weiss (11/02-04) Executive Vice President, Retirement and Savings,
Metropolitan Life Insurance, New York, New York, representing the Insurance
Profession
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Michele
M. Weldon (11/02-04) Director, Employee Benefit Plan Audit Services,
Pricewaterhouse Coopers, LLP, Boston, Massachusetts, representing
the Accounting
Profession
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David
L. Wray (11/02-04) President, Profit Sharing/401(k) Council of America, Chicago,
Illinois, representing Employers
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Investment Counseling
-Vacant
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Employer
Organizations (Multiemployer Plan) - Vacant
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