Enforcement Manual Table Of Contents

1. Preface
   Statement of Purpose
   Description of EBSA
   Acronyms and Abbreviations

2. General Operational Procedures

   1. Authority and Coordination

      • Investigative Authority

      • Relationship with IRS

      • Relationship with OIG/Office of Labor Racketeering

      • Relationship with Federal Financial Agencies and other Regulatory Agencies

      • Voluntary Fiduciary Correction Program

      • Cross-Jurisdictional Investigations

   2. Administrative Procedures

      • Release of Information

      • Files, Case Assignment and Control

      • Complaints

      • Conducting and Documenting Interviews

      • Collection and Preservation of Evidence

      • Subpoenas

      • Voluntary Compliance Guidelines

      • Civil Penalties

3. Enforcement Programs

   • Participants' Rights

   • Prohibited Persons

   • Fiduciary Investigations Program

   • Criminal Investigations Program

   • Targeting and Limited Reviews

4. Forms

   • 200 Subpoena

   • 202 Report of Interview

   • 202A Report of Interview, Non-custodial

   • 202B Report of Interview, Custodial

   • 202C Report of Records Exam

   • 203A Checksheet ROI, Program 48, Plans

   • 203B Checksheet ROI, Program 48, Financial Institutions

   • 203C Checksheet ROI, Program 48, Service Providers

   • 203D Checksheet ROI, Program 53, Plans

   • 203E Checksheet ROI, Program 53, Financial Institutions

   • 203F Checksheet ROI, Program 53, Service Providers

   • 207 Subpoena Request Form

   • 219 History and Custody of Documents

   • 220A Document Receipt

   • 220B Return of Documents

Statement of Purpose

The Employee Benefits Security Administration published this manual solely for the internal administrative use of its employees. This manual does not restrict or limit in any way the Employee Benefits Security Administration's discretion in carrying out responsibilities imposed on the Secretary of Labor by the Employee Retirement Income Security Act. Nothing in this manual is intended to be an interpretation of law or regulation or to serve as guidance for persons outside the Department of Labor. Nor does this manual confer on any person, including one who is the subject of an Employee Benefits Security Administration investigation or enforcement action, a right to rely on any policy or procedure stated herein, or otherwise create any other substantive or procedural rights.

Description of Employee Benefits Security Administration

Employee Benefits Security Administration is an agency within the Department of Labor that administers and enforces the provisions of Title I of the Employee Retirement Income Security Act, the Act which established fiduciary and other standards for employee benefit plans sponsored by private-sector employers. Employee Benefits Security Administration is directed by an Assistant Secretary who is appointed by the President and who reports directly to the Secretary of Labor. Employee Benefits Security Administration headquarters are located in Washington, D.C. and its enforcement activities are conducted primarily in Employee Benefits Security Administration field offices located in 15 cities throughout the United States. There are over 400 investigators/auditors working out of the field offices, all of whom are highly skilled professionals. Many are lawyers or Certified Public Accountants and others have advanced degrees in business and finance.  The Office of Enforcement in EBSA's national office is responsible for operational review and oversight, enforcement policy direction, program coordination, and technical assistance.

Employee Benefits Security Administration shares responsibility with the Internal Revenue Service and the Pension Benefit Guaranty Corporation for the administration and enforcement of the provisions of ERISA.  Under ERISA, the Secretary of Labor is responsible for protecting the rights and financial security of more that 150 million employee benefit plan participants and beneficiaries and for assuring the integrity and effective management of the private pension and welfare benefit system. Employee Benefits Security Administration has enforcement authority over employee benefit plans covering workers in such diverse industries as communications, retailing, shipping, insurance, real estate and financial services. Employee benefit plans invest in a variety of investment vehicles, including securities, real estate, and debt instruments. Individuals and companies who provide services to employee benefit plans, such as investment advisors, trust departments, insurance companies, consultants and others, also come within the jurisdiction of Employee Benefits Security Administration's enforcement program.

In carrying out its enforcement responsibilities, Employee Benefits Security Administration conducts a wide range of activities, including civil and criminal investigations, to determine whether the provisions of ERISA and the sections of Title 18, as they relate to employee benefit plans, have been violated.

Acronyms and Abbreviations

• COBRA – Consolidated Omnibus Budget Reconciliation Act
• Department - Department of Labor
• DOL - Department of Labor
• DES - Division of Enforcement Support
• DFO - Division of Field Operations
• DO - District Office
• DOJ - Department of Justice
• DRC - Division of Reporting Compliance
• DS – District Supervisor
• DTAI - Division of Technical Assistance and Inquiries
• EBSA – Employee Benefits Security Administration
• ERISA - Employee Retirement Income Security Act
• FHLBB - Federal Home Loan Bank Board
• FBI – Federal Bureau of Investigation
• FOIA - Freedom of Information Act
• HHS – Health and Human Services, Department of
• HIPAA – Health Insurance Portability and Accountability Act
• HMO – Health Maintenance Organization
• IRC - Internal Revenue Code
• Code - Internal Revenue Code
• IRS - Internal Revenue Service
• MHPA – Mental Health Parity Act
• MOU – Memorandum of Understanding
• NO – National Office
• OCA - Office of the Chief Accountant
• OE - Office of Enforcement
• OED - Office of Exemption Determinations
• OPM - Office of Personnel Management
• OHPSCA – Office of Health Plan Standards and Compliance Assistance, EBSA
• OPA – Office of Participant Assistance, EBSA
• OPM – Office of Personnel Management
• OPPEM - Office of Program Planning, Evaluation and Management
• OPS - Office of Program Services
• OTS - Office of Thrift Supervision
• PA – Plan Administrator
• PBGC - Pension Benefit Guaranty Corporation
• PBSD – Plan Benefits Security Division, SOL
• PHS – Public Health Service
• PRA – Paperwork Reduction Act
• PWBA – Pension and Welfare Benefits Administration
• RD - Regional Director
• RFPA - Right to Financial Privacy Act
• RI - Report of Interview
• RO - Regional Office
• ROI - Report of Investigation
• RSOL - Regional Office of the Solicitor
• SBREFA – Small Business Regulatory Enforcement Fairness Act
• SEC – Securities and Exchange Commission
• Secretary - Secretary of Labor
• SOL - Office of the Solicitor
• SPD – Summary Plan Description
• SSN – Social Security Number
• TE/GE – Tax Exempt and Government Entities, IRS
• USAO - U.S. Attorney's Office
• VFCP – Voluntary Fiduciary Correction Program
• WHCRA – Women’s Health and Cancer Rights Act