Skip to main content
Content Starts Here GSA Federal Advisory Committee Act (FACA) Database Skip to main content

Committee Detail

Hide Section - GENERAL INFORMATION

GENERAL INFORMATION

Committee NameAdvisory Council on Employee Welfare and Pension Benefit PlansAgency NameDepartment of Labor
Fiscal Year2019Committee Number651
Original Establishment Date9/2/1974Committee StatusChartered
Actual Termination Date Committee URLhttps://www.dol.gov/agencies/ebsa/about-ebsa/ab...
New Committee This FYNoPresidential Appointments*No
Terminated This FYNoMax Number of Members*15
Current Charter Date12/5/2016Designated Fed Officer Position Title*Executive Secretary, Advisory Council on Employee Welfare and Pension Plans
Date Of Renewal Charter12/5/2018Designated Federal Officer Prefix
Projected Termination Date Designated Federal Officer First Name*Larry
Exempt From Renewal*NoDesignated Federal Officer Middle NameI.
Specific Termination AuthorityDesignated Federal Officer Last Name*Good
Establishment Authority*Statutory (Congress Created)Designated Federal Officer Suffix
Specific Establishment Authority*29 U.S.C. 1142Designated Federal Officer Phone*(202) 693-8668
Effective Date Of Authority*9/2/1974Designated Federal Officer Fax*(202) 219-8141
Committee Type*ContinuingDesignated Federal Officer Email*good.larry@dol.gov
Presidential*No
Committee Function*Non Scientific Program Advisory Board
Hide Section - RECOMMENDATION/JUSTIFICATIONS

RECOMMENDATION/JUSTIFICATIONS

Agency Recommendation*Continue
Legislation to Terminate RequiredNot Applicable
Legislation StatusNot Applicable
How does cmte accomplish its purpose?*The ERISA Advisory Council represents various interest groups and advises the Secretary of Labor in matters relating to his/her responsibilities under Title I of ERISA. During 2017, the Council studied the following issues: (1) Reducing the Burden and Increasing the Effectiveness of Mandated Disclosures with respect to Employment-Based Health Benefit Plans in the Private Sector, and (2) Mandated Disclosure for Retirement Plans – Enhancing Effectiveness for Participants and Sponsors. During 2018, the Council studied the following issues: (1) Evaluating the Department’s Regulations and Guidance on ERISA Bonding Requirements and Exploring Reform Considerations and (2) Lifetime Income Products as a Qualified Default Investment Alternative (QDIA) – Focus on Decumulation and Rollovers. The Council held a series of open meetings, at which the public was invited to testify. The Council submits reports to the Secretary with recommendations based on the findings.
How is membership balanced?*The Advisory Council was established pursuant to the authority in Section 512(a)(1) of the Employee Retirement Income Security Act of 1974(ERISA). Of the members appointed, three represent employee organizations, three represent employer organizations, three represent the general public, and one each from the following fields: insurance, corporate trust, actuarial counseling, investment counseling, investment management and accounting. No more than eight members of the Advisory Council may be of the same political party.
How frequent & relevant are cmte mtgs?*The ERISA Advisory Council meets at least four times a year and at such other times as the Secretary of Labor requires, per section 512(a)(1) of ERISA of 1974. The Council's continuance is mandated by law. Including a teleconference meeting, there have been 5 meetings in each Council year recently. The meetings have a full agenda and are used to hear testimony and work on the issues the Council is studying each year.
Why advice can't be obtained elsewhere?*The ERISA Advisory Council is required by statute. As a body, it is unique in its composition. No other organization exists that possesses the professional and technical diversification of views, philosophy, opinions, backgrounds and expertise found in the members of the Advisory Council. Therefore, information and advice might not be readily available from other sources.
Why close or partially close meetings?Not Applicable
Recommendation RemarksThe ERISA Advisory Council represents various interest groups
and provides recommendations for carrying out the Secretary’s
responsibilities with respect to provisions of the Employee
Retirement Income Security Act of 1974 (ERISA).
No other organization exists that possesses the professional
and technical diversification of views, philosophy, opinions,
backgrounds and expertise found in the members of the
Advisory Council.

The committee reports to the Secretary of Labor through the
Assistant Secretary of Labor of the Employee Benefits and
Security Administration.
Hide Section - PERFORMANCE MEASURES

PERFORMANCE MEASURES

Outcome Improvement To Health Or Safety*YesAction Reorganize Priorities*Yes
Outcome Trust In GovernmentYesAction Reallocate ResourcesYes
Outcome Major Policy ChangesYesAction Issued New RegulationsYes
Outcome Advance In Scientific ResearchNoAction Proposed LegislationNo
Outcome Effective Grant MakingNoAction Approved Grants Or Other PaymentsNo
Outcome Improved Service DeliveryNoAction OtherYes
Outcome Increased Customer SatisfactionNoAction CommentThe agency has updated publications in several instances along the lines of Council recommendations.
Outcome Implement Laws/Reg RequirementsYesGrants Review*No
Outcome OtherNoNumber Of Grants Reviewed0
Outcome CommentNot ApplicableNumber Of Grants Recommended0
Cost Savings*Unable to DetermineDollar Value Of Grants Recommended$0.00
Cost Savings CommentNot ApplicableGrants Review CommentNot Applicable
Number Of Recommendations*168Access Contact Designated Fed. Officer*Yes
Number Of Recommendations CommentThe ERISA Advisory Council (Council) has existed since 1974. Each year, the Council consults with EBSA and chooses two or three topics to study and generally makes several recommendations per topic. Since FY2002, the Council has made 168 distinct recommendations.Access Agency WebsiteYes
% of Recs Fully Implemented*19.00%Access Committee WebsiteNo
% of Recs Fully Implemented CommentWhile the agency has implemented many of the recommendations provided by the Council, EBSA does not specifically track this information in this way. There are many complications involved in such a calculation, including that many of the Council’s recommendations were not for specific EBSA action but instead either stated support for actions already underway by EBSA, called for actions beyond the jurisdiction of EBSA, or necessitated statutory changes. Further, in other cases, actions recommended by the Council are currently under consideration and are in some form of completion, but have not yet been implemented. However, as mentioned above, there are many recommendations that EBSA has implemented throughout the years. For example, the 2013 Council report on Locating Missing and Lost Participants recommended the development of effective methods and guidance on searching for missing participants, including use of web search and commercial locator services. In 2014, EBSA issued Field Assistance Bulletin No. 2014-01 on Fiduciary Duties and Missing Participants in Terminated Defined Contribution Plans (the FAB). The FAB provides guidance on search steps and options for dealing with the benefits of missing participants in terminated DC plans. Furthermore, the 2013 Council recommended that if PBGC implemented a missing participants program for terminated DC plans, then compliance with the PBGC program should be accorded safe harbor status under ERISA and it urged cooperation among federal agencies. As recommended by the Council, PBGC staff consulted with EBSA, the Internal Revenue Service (IRS) and the Department of the Treasury in developing a proposed rule which PBGC issued in September 2016.Last year, EBSA issued a Final Rule on Claims Procedure for Plans Providing Disability Benefits. The preamble to the Final Rule cites the 2012 ERISA Advisory Council report, and include quotes from those reports, in the discussion of what led to the changes. The rule states:“The Department’s independent ERISA advisory group also urged the Department to reexamine the disability claims process. Specifically, in 2012, the ERISA Advisory Council undertook a study on issues relating to managing disability in an environment of individual responsibility. The Advisory Council’s report included the following recommendationfor the Department:Review current claims regulations to determine updates and modifications, drawing upon analogous processes described in health care regulations where appropriate, for disability benefit claims including: (a) content for denials of such claims; (b) rule regarding full and fair review, addressing what is an adequate opportunity to develop the record and address retroactive rescission of an approved benefit; (c) alternatives that would resolve any conflict between the administrative claims and appeals process and the participants’ ability to timely bring suit; (d) the applicability of the ERISA claim procedures to offsetsand eligibility determinations.The Department agreed that the amendments to the claims regulation for group health plans could serve as an appropriate model for improvements to the claims process for disability claims. EBSA presently is evaluating several more of the Council’s recommendations for implementation.Access GSA FACA WebsiteYes
% of Recs Partially Implemented*20.00%Access PublicationsNo
% of Recs Partially Implemented CommentWhile the agency has implemented many of the recommendations provided by the Council, EBSA does not specifically track this information in this way. There are many complications involved in such a calculation, including that many of the Council’s recommendations were not for specific EBSA action but instead either stated support for actions already underway by EBSA, called for actions beyond the jurisdiction of EBSA, or necessitated statutory changes. Further, in other cases, actions recommended by the Council are currently under consideration and are in some form of completion, but have not yet been implemented. However, as mentioned above, there are many recommendations that EBSA has implemented throughout the years. For example, the 2013 Council report on Locating Missing and Lost Participants recommended the development of effective methods and guidance on searching for missing participants, including use of web search and commercial locator services. In 2014, EBSA issued Field Assistance Bulletin No. 2014-01 on Fiduciary Duties and Missing Participants in Terminated Defined Contribution Plans (the FAB). The FAB provides guidance on search steps and options for dealing with the benefits of missing participants in terminated DC plans. Furthermore, the 2013 Council recommended that if PBGC implemented a missing participants program for terminated DC plans, then compliance with the PBGC program should be accorded safe harbor status under ERISA and it urged cooperation among federal agencies. As recommended by the Council, PBGC staff consulted with EBSA, the Internal Revenue Service (IRS) and the Department of the Treasury in developing a proposed rule which PBGC issued in September 2016.Last year, EBSA issued a Final Rule on Claims Procedure for Plans Providing Disability Benefits. The preamble to the Final Rule cites the 2012 ERISA Advisory Council report, and include quotes from those reports, in the discussion of what led to the changes. The rule states:“The Department’s independent ERISA advisory group also urged the Department to reexamine the disability claims process. Specifically, in 2012, the ERISA Advisory Council undertook a study on issues relating to managing disability in an environment of individual responsibility. The Advisory Council’s report included the following recommendationfor the Department:Review current claims regulations to determine updates and modifications, drawing upon analogous processes described in health care regulations where appropriate, for disability benefit claims including: (a) content for denials of such claims; (b) rule regarding full and fair review, addressing what is an adequate opportunity to develop the record and address retroactive rescission of an approved benefit; (c) alternatives that would resolve any conflict between the administrative claims and appeals process and the participants’ ability to timely bring suit; (d) the applicability of the ERISA claim procedures to offsetsand eligibility determinations.The Department agreed that the amendments to the claims regulation for group health plans could serve as an appropriate model for improvements to the claims process for disability claims. EBSA presently is evaluating several of the Council’s recommendations for implementation.Access OtherYes
Agency Feedback*YesAccess CommentCommittee documents are available through the EBSA Public Disclosure Room in Room N 1515, DOL Building, at 200 Constitution Ave. NW, Washington, DC. Some documents are available on the ERISA Advisory Council webpage on the EBSA website.
Agency Feedback CommentThe agency provides updates to members at the Council meetings, including information on agency actions attributable to recommendations of the Council.Narrative Description*The ERISA Advisory Council represents various interest groups and provides the recommendations for carrying out the Secretary’s responsibilities with respect to the Employee Retirement Income Security Act of 1974 (ERISA).
Hide Section - COSTS

COSTS

Payments to Non-Federal Members* Est Payments to Non-Fed Members Next FY* 
Payments to Federal Members* Est. Payments to Fed Members Next FY* 
Payments to Federal Staff* Estimated Payments to Federal Staff* 
Payments to Consultants* Est. Payments to Consultants Next FY* 
Travel Reimb. For Non-Federal Members* Est Travel Reimb Non-Fed Members nextFY* 
Travel Reimb. For Federal Members* Est Travel Reimb For Fed Members* 
Travel Reimb. For Federal Staff* Est. Travel Reimb to Fed Staff Next FY* 
Travel Reimb. For Consultants* Est Travel Reimb to Consultants Next FY* 
Other Costs Est. Other Costs Next FY* 
Total Costs$0.00Est. Total Next FY*$0.00
Federal Staff Support (FTE)* Est. Fed Staff Support Next FY* 
Hide Section - MEMBERS,MEETINGS AND ADVISORY REPORTS

MEMBERS,MEETINGS AND ADVISORY REPORTS

To View all the members, meetings and advisory reports for this committee please click here
Hide Section - CHARTERS AND RELATED DOCS

CHARTERS AND RELATED DOCS

No Documents Found
Hide Section - DATA FROM PREVIOUS YEARS

DATA FROM PREVIOUS YEARS

Committee

Data from Previous Years

  
ActionCommittee System IDCommittee NameFiscal Year
 COM-032709Advisory Council on Employee Welfare and Pension Benefit Plans2018
 COM-001571Advisory Council on Employee Welfare and Pension Benefit Plans2017
 COM-002704Advisory Council on Employee Welfare and Pension Benefit Plans2016
 COM-003541Advisory Council on Employee Welfare and Pension Benefit Plans2015
 COM-004945Advisory Council on Employee Welfare and Pension Benefit Plans2014
 COM-005850Advisory Council on Employee Welfare and Pension Benefit Plans2013
 COM-006964Advisory Council on Employee Welfare and Pension Benefit Plans2012
 COM-007811Advisory Council on Employee Welfare and Pension Benefit Plans2011
 COM-009100Advisory Council on Employee Welfare and Pension Benefit Plans2010
 COM-010044Advisory Council on Employee Welfare and Pension Benefit Plans2009
 COM-011047Advisory Council on Employee Welfare and Pension Benefit Plans2008
 COM-011750Advisory Council on Employee Welfare and Pension Benefit Plans2007
 COM-012832Advisory Council on Employee Welfare and Pension Benefit Plans2006
 COM-013793Advisory Council on Employee Welfare and Pension Benefit Plans2005
 COM-014706Advisory Council on Employee Welfare and Pension Benefit Plans2004
 COM-015755Advisory Council on Employee Welfare and Pension Benefit Plans2003
 COM-016756Advisory Council on Employee Welfare and Pension Benefit Plans2002
 COM-017500Advisory Council on Employee Welfare and Pension Benefit Plans2001
 COM-018855Advisory Council on Employee Welfare and Pension Benefit Plans2000
 COM-019636Advisory Council on Employee Welfare and Pension Benefit Plans1999
 COM-020547Advisory Council on Employee Welfare and Pension Benefit Plans1998
 COM-021539Advisory Council on Employee Welfare and Pension Benefit Plans1997