Advisory Opinion 1975-41

Dear :

This is in response to your inquiry regarding the status of non-profit organizations under the Employee Retirement Income Security Act of 1974 (ERISA). Your letter of inquiry was forwarded to us by the [city] office of the Department of Labor.

We agree with you that there is no exemption from coverage under ERISA for non-profit organizations solely for this reason, and that those whose activities affect commerce would be governed under the Act unless exempt for other reasons under the Act or the regulations. We do not agree, however, with your suggestion that the jurisdictional amounts adopted by the National Labor Relations Board are pertinent under ERISA. This Act contains no jurisdictional amounts, and there is nothing in the legislative history to indicate that the Department of Labor is expected to set jurisdictional minimums.