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Section 512 of ERISA provides for the establishment of an Advisory Council on Employee Welfare and Pension Benefit Plans, known as the ERISA Advisory Council. The duties of the council are to advise the Secretary and submit recommendations regarding the Secretary's functions under ERISA.

The council consists of 15 members appointed by the Secretary of Labor. Three members are representatives of employee organizations (at least one of whom represents an organization whose members are participants in a multiemployer plan). Three members are representatives of employers (at least one of whom represents employers maintaining or contributing to multiemployer plans). Three members are representatives of the general public. There is one representative each from the fields of insurance, corporate trust, actuarial counseling, investment counseling, investment management, and accounting. Members must be qualified to appraise the programs instituted under ERISA. Members are appointed for three-year terms with five terms expiring on December 31 of each year. The council holds at least four meetings each year, which are open to the public. The council is subject to the Federal Advisory Committee Act.

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Vacancies for the council are announced each year in the Federal Register. Notice is given that any person or organization desiring to recommend one of more individuals for appointment to the council may submit recommendations to the attention of the council's executive secretary. The notice includes the date by which recommendations must be submitted.

Recommendations may be in the form of a letter, resolution or petition, signed by the person making the recommendations, or in the case of a recommendation by an organization, by an authorized representative of the organization. Each recommendation should identify the candidate by name, occupation or position, telephone number, address, and e-mail address, a brief description of the candidate's qualifications, and the position (group or field) for which he or she is nominated. For the purposes of ERISA section 512, the candidate's political party affiliation must be noted, as section 512 requires that no more than eight council members may be of the same political party. The recommendation also must state whether the candidate is available and would accept appointment to the council. Candidates should be willing to commit 15-20 days per year to accomplish the work of the Council and should be qualified to appraise the programs implemented under ERISA. Members of the Advisory Council are paid for days traveling for and attending Council meetings and are reimbursed for travel expenses to attend meetings.

Letters received in nominating or recommending candidates for a position on the council are evaluated for completeness and qualification of the candidate. Nominating letters are acknowledged. Nominees are requested to complete a form declaring their political affiliation according to Section 512 of ERISA and are reminded of the time commitment necessary to work on the council. Letters of support for candidates are welcome and are acknowledged.

Once the nomination process is completed, the Assistant Secretary of the Employee Benefits Security Administration reviews the nominations and submits recommendations to the Secretary. The Secretary then appoints the five new members.

In addition, the Secretary selects the chair and vice chair of the council based upon the advice and recommendation of the Assistant Secretary.