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

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.

Below is a historical list of exemptions.  They may not reflect current law, policies, or procedures.  The Department, for example, may require terms and conditions that were not required in prior exemptions.  Persons considering filing for an exemption may find it very helpful to discuss the facts or issues in their cases with the Department before preparing the filing.  The Department welcomes all inquiries and is available to answer any questions you may have.

Please be advised that the information in your exemption application, and any information submitted to the Department in support of your exemption application (including any information submitted to the Department in support of your exemption application prior to the Department’s receipt of your exemption application), will be disclosed to the public upon request.  You are responsible for ensuring that your exemption application does not contain information that you do not want disclosed to the public.  As stated in 29 CFR 2570.33(c), the Department will not process or consider an exemption application or a supporting document containing a request intended to restrict the Department’s ability to disclose information to the public.  Consequently, by participating in the exemption application process, you are consenting to the public disclosure of your exemption application and any information submitted to the Department in support of your application. The Department reserves the right to revoke an exemption if the record upon which the exemption is based contains information that may not be disclosed to the public.

Some class exemptions include collections of information. The Paperwork Reduction Act (PRA) is the law that governs collections of information sponsored by federal agencies. The PRA states that a federal agency cannot conduct or sponsor a collection of information unless it is approved by the Office of Management and Budget (OMB). OMB assigns a control number to each approved collection of information that is required by a class exemption, and unless a valid control number is displayed for a class exemption, the public is not required to respond to its collection of information nor is subject to a penalty for failing to respond.

For the class exemptions that require a collection of information, we have listed OMB control numbers and expiration dates, and estimated burden per response for the applicable class exemptions below.

Proposed Class Exemptions

Granted Class Exemptions