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Council Nominations are Currently Being Accepted
The Department of Labor is currently accepting nominations to fill five positions on the ERISA Advisory Council that will become vacant on December 31, 2024. Nominations must be submitted by August 26, 2024. For more information, see the Federal Register Notice.
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.
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.
The Executive Secretary position for the Advisory Council is established by Section 512 of ERISA. The Executive Secretary provides staff support regarding Advisory Council activities; schedules, coordinates and provides administrative support to all Advisory Council meetings; plans and coordinates the selection process for new members of the Advisory Council; prepares reports regarding the Advisory Council's activities; and establishes and maintains the archives of the Advisory Council.
After due consideration and debate, the council reaches a consensus to focus on issues important to the administration of ERISA, historically two to three issues each year, based on suggestions by the Office of the Assistant Secretary of the Employee Benefits Security Administration. For each issue, the council defines the issue to investigate, takes testimony from witnesses, and submits a report of findings and recommendations. The council chair selects a chair and vice chair(s) to lead the council’s work on each issue.
During scheduled meetings, the council hears testimony from experts on the issues, asks questions, and discusses findings and recommendations. A wide variety of witnesses are identified with a view to inviting them to testify before the council. During a typical meeting, the chair or vice chair calls the meeting to order and states the purpose of the meeting. If work assignments have been given to members, the chair invites a report. If witnesses have been invited to testify, they are called forward and requested to speak, limiting their testimony to 20 minutes. Witnesses usually submit written testimony, which is distributed to the members and the public and made part of the official record of the meeting. Members ask questions of each witness. When no further questions are forthcoming, the chair thanks and excuses the witness. The process continues until all witnesses scheduled for the meeting have been heard.
The issue chair invites members to discuss events of the meeting, encouraging them to express their views and concerns. Upon completion of discussion, the chair will invite statements from the general public. After statements from the general public and any discussion, the chair will ask for a motion to adjourn.
The council members study testimony and deliberations that took place on various issues during the council year. The council chair and issue chairs may designate members of a subcommittee who draft reports to present to the council for its consideration. These reports include summaries of witness testimonies, findings, and recommendations. The council’s decisions are made at scheduled meetings open to the general public.
The issue chairs present their findings and recommendations to the council at the final meeting of the year. The council discusses each report and accepts it by vote as presented or with modifications. The council then presents the findings and recommendations to the Secretary or the Secretary’s designated representative at the final meeting.
The final act of the council term is when the council chair transmits the reports to the Assistant Secretary, who forwards them to the Secretary of Labor.
Mayoung Nham (2023-2025), Principal, Slevin & Hart, PC, Washington, DC, representing Employee Organizations, Advisory Council Chair
Shaun C. O’Brien (2022-2024), Policy Director, American Federation of State, County and Municipal Employees, Washington, DC, representing Employee Organizations, Advisory Council Vice Chair
Mark DeBofsky (2023-2025), Principal Member, DeBofsky Law, Ltd., Chicago, IL, representing the General Public
Regina T. Jefferson (2024-2026), Professor of Law, Columbus School of Law, The Catholic University of America, Washington, DC, representing the General Public
Beth Halberstadt (2022-2024), Senior Partner and U.S. Defined Contribution Investment Solutions Leader, Aon Investments USA Inc., Hopkinton, MA, representing Investment Counseling
Jeffrey Lewis (2022-2024), Partner, Keller Rohrback LLP, Oakland, CA representing the General Public
Tonya Manning (2022-2024), U.S. Defined Benefit Consulting and Administration Practice Leader and Chief Actuary, Gallagher, Winston-Salem, NC, representing Actuarial Counseling
Gwen Mazzola (2023-2025), Partner and ERISA Practice Leader, HoganTaylor LLP, Fayetteville, AR, representing Accounting
Kathleen M. McBride (2024-2026), Founder and President of FiduciaryPath LLC, Rumson, NJ, representing Investment Management
Alice Palmer (2023-2025), Vice President, Chief Counsel, Retirement Plan Service, Lincoln Financial Group, Radnor, PA, representing Insurance
Anusha Rasalingam (2024-2026), Partner, Friedman & Anspach Attorneys at Law, New York, NY, representing Employee Organizations
William E. Ryan III (2024-2026), Partner and Head of Defined Contribution Solutions, New England Pension Consultants LLC, Chicago, IL, representing Corporate Trust
John M. (Jack) Towarnicky (2023-2025), Of Counsel, Koehler Fitzgerald, LLC and member, aequum, LLC, Powell, OH, representing Employers
Holly Verdeyen (2022-2024), Partner and U.S. Defined Contribution Leader, Mercer, Chicago, IL, representing Employers
Charles B. Wolf (2024-2026), Retired, Shareholder of the law firm Vedder Price P.C., Chicago, IL, representing Employers
Section 321 of the SECURE 2.0 Act of 2022 directs the Secretary of Labor to (1) review Interpretive Bulletin (IB) 95-1 (relating to the fiduciary standards under the ERISA when selecting an annuity provider for a defined benefit pension plan) and consult with the Advisory Council on Employee Welfare and Pension Benefit Plans (ERISA Advisory Council or Council) to determine whether amendments to IB 95-1 are warranted; and (2) report to Congress on the findings of such review and consultation, including an assessment of any risk to participants.
The Department of Labor’s Employee Benefits Security Administration (EBSA) consulted with the ERISA Advisory Council at the Council meeting on July 18, 2023. See Agenda for July 18 Council Meeting. Prior to the consultation, EBSA provided the Council with a variety of background information on the topic, as well as an EBSA Consultation Paper on Interpretive Bulletin 95-1 and EBSA Presentation Outline. In addition, the Council received twenty-four public comments on IB 95-1, and heard from seventeen of those public commenters at the July 18 meeting. See Schedule of Public Commenters for July 18.
After the July 18 meeting, Council members worked in small groups to draft statements of their views which were compiled in a draft document entitled “Statement of the 2023 Advisory Council on Employee Welfare and Pension Benefit Plans to the U.S. Department of Labor Regarding Interpretive Bulletin 95-1.” At the Council’s meeting on August 29, 2023, the Council discussed and edited the draft document. Council members then voted to indicate support for various points of view noted in the document. Votes were taken only in the affirmative, and, where multiple points of view were offered on a particular issue, Council members were allowed to vote for more than one position. The draft document was updated to record the number of Council members who supported each point of view discussed and also to note where the point of view represented the view of a majority of Council members. The Council’s final statement was delivered to the Department of Labor on September 1, 2023.
Background documentation, public comments and related material on EBSA’s consultation with the ERISA Advisory Council are available through the EBSA Public Disclosure Room, 200 Constitution Ave NW, Suite N-1515, Washington, DC 20210, telephone 202-693-8673.