Individual Exemptions

Applications for exemptions under Title I of ERISA are handled by the Employee Benefits Security Administration's Office of Exemption Determinations (OED).

OED staff will advance the protections of ERISA by timely processing of exemption requests under Title I of ERISA, ensuring establishment of effective conditions and safeguards to protect plans, participants and beneficiaries, and facilitating meritorious transactions that would otherwise be prohibited. In processing exemptions, we will minimize regulatory and administrative burdens to the extent feasible, while protecting the rights of plan participants and beneficiaries.  OED staff may be contacted by telephone at (202) 693-8540.

All applicants for exemptions will be acknowledged and assigned to an analyst within 2 weeks of receipt.  The analyst will provide a preliminary reaction to the application within 30 days. The name and telephone number of the analyst will also be provided as the contact person for information concerning the status of the application.

Applicants will be kept informed of any significant developments in the processing of the request and any change to the estimated completion date. Applicants will be treated courteously and with respect.

Exemption Procedures Under Federal Pension Law provides information to employers, plan administrators and employee benefit practitioners about the basic requirements and procedures needed to apply for exemptions from the prohibited transaction rules of ERISA.

Send applications for exemptions to:

By Mail (USPS)
U.S. Department of Labor
Employee Benefits Security Administration
Office of Exemption Determinations
200 Constitution Avenue, NW, Suite 400
Washington, DC 20210

By Private Carrier (Fedex, UPS, etc.)
U.S. Department of Labor
Employee Benefits Security Administration
Office of Exemption Determinations
122 C Street, NW, Suite 400
Washington, DC 20001-2109