Information Letters

Requests for interpretations and other rulings under Title 1 of ERISA are handled by the Office of Regulations and Interpretations under the provisions established by ERISA Procedure 76-1. The office answers inquiries from individuals and organizations in the form of information letters, which call attention to well established principles or interpretations.

Date Recipient Description of Request
Information Letter

William E. Heinbokel
Director of Fidelity and Regulatory Compliance
The Surety & Fidelity Association of America
1140 19th Street NW, Suite 500
Washington, DC 20036

Information letter discussing the SECURE Act amendments to ERISA relating to the bonding requirements under ERISA section 412 that apply to pooled employer plans.

Date Recipient Description of Request
Information Letter

Cassie Springer Ayeni
President and Managing Attorney
Springer Ayeni, A Professional Law Corporation
4319 Piedmont Ave., 2nd Fl.
Oakland, CA 94611

Information Letter concerning whether the provisions of the claims procedure regulation at 29 CFR 2560.503-1 require the plan to provide to a claimant, a copy of an audio recording of a telephone conversation relating to an adverse benefit determination.

Date Recipient Description of Request
Information Letter

Jon W. Breyfogle, Esq.
Groom Law Group, Chartered
1701 Pennsylvania Ave., N.W.
Washington, D.C. 20006

Information Letter under the Employee Retirement Income Security Act (ERISA) concerning private equity investments as a component of a professionally managed asset allocation fund offered as a investment option for participants in defined contribution plans. Supplemental statement issued December 21, 2021

Date Recipient Description of Request
Information Letter

Mr. Jonathan Sistare
Law Office of Jonathan B. Sistare, PLLC
P.O. Box 213
Dublin, NH 03444

Application of the authorized representative provisions of 29 CFR 2560.503-1, regarding the designation of an authorized representative for the initial claim for benefits, an appeal of an adverse benefit determination, or both.

Date Recipient Description of Request
Information Letter

Julie A. Spiezio
Senior Vice President & General Counsel
American Council of Life Insurers
101 Constitution Avenue, NW
Suite 700
Washington, DC 20001-2133

Guidance as to whether state civil laws which prohibit an employer’s implementation of an automatic enrollment arrangement in connection with a disability benefit plan or other welfare benefit plan covered under Title I of ERISA are preempted by section 514(a) of ERISA.