1. Complaints. A complaint refers to claims that a violation of the law has occurred or is about to occur. Complaints may be specific or nonspecific, written or oral, within or outside EBSA's jurisdiction. Complaints may come from numerous sources, such as individuals, news media, and other enforcement agencies.

  2. Complaints from Individuals. EBSA's Benefits Advisors generally handle inquiries and complaints from members of the public following procedures established by the Office of Outreach, Education and Assistance. When appropriate, Benefit Advisors may refer a participant complaint to the enforcement unit as an investigative lead for possible case opening.

    When a case is opened based upon a participant complaint, the assigned Investigator/Auditor will notify the participant of the complaint’s disposition at the time the case is opened. The Regional Office (RO) must notify the participant quarterly on the progress of the investigation. The RO should also notify the participant when the participant’s issue is resolved or the investigation is closed (whichever occurs first). All participant complaint notifications will be documented in the case file.

  3. Nonspecific Complaints. EBSA generally will not investigate if the information is indefinite, general, grounded in rumor or conjecture, or alleges activity that does not constitute a violation of law, or the complaint is "nonspecific." However, if EBSA receives multiple complaints relating to the same person, entity, or subject matter over a period of time, the cumulative effect of such complaints may form the basis for conducting an investigation.

  4. Confidentiality of Complaints. If the complainant requests confidentiality, the complainant is a "Confidential Source." The complainant may be described in terms of their degree of reliability, such as "who has furnished accurate information in the past" or "of unknown reliability" in a memorandum for the case file. The complainant's name will only appear in the original written complaint, or an original memorandum relating to an oral complaint, and kept in a secure location.

    EBSA cannot guarantee confidentiality to complainants, particularly when the complaint concerns a benefit dispute. The most that EBSA should state is that EBSA will attempt to keep their identity confidential unless required to disclose by law.

    Similar confidentiality protection will be afforded to government agencies that request it. EBSA will reference the government agency as "Confidential Source A, a U.S. government agency" or "Source D, a municipal agency," etc.

  5. Identification of Source. Law enforcement agencies are not designated as confidential information sources except in instances when the agency involved, or its employee, specifically requests anonymity as a condition precedent to the release of such information.

    Such instances usually occur when the information involves "raw, unevaluated" matters and a possible source of embarrassment to the contributor.

  6. Information from Other Agencies. Some agencies, such as the FBI, may release information only upon the condition it is not released to other agencies without prior permission of the contributing agency. The Internal Revenue Service (IRS) is compelled to consider tax return information confidential under Internal Revenue Code Section 6103. Any information obtained from the IRS must be kept confidential and not released outside EBSA or the Solicitor's Office without the IRS's permission. IRC section 7213 provides severe penalties, including criminal sanctions, for unauthorized disclosure. Information obtained from the IRS can only be discussed with previously identified Department of Labor employees. See the EM sections on Relationship with IRS and Release of Information for more information about Federal Tax Information received from the IRS, including how it should be maintained, who has access to it, and when it can be destroyed.
  7. Anonymity of Complainant. Even if a complainant does not request confidential informant treatment, it is EBSA’s policy not to disclose the complainant's identity during the course of an investigation unless the law requires such disclosure. This does not apply to an individual who is requesting help from EBSA in obtaining an individual benefit.
  8. Documenting Oral Complaints. When appropriate, Benefit Advisors document complaints in accordance with the procedures established by the Office of Outreach, Education and Assistance. In other situations, the nature of the complaint will determine if a written memorialization should be prepared. If Investigative Staff receiving the complaint determines that further action is required, the Investigative Staff will prepare a Report of Interview (RI). The Investigative Staff will provide the written memorialization or RI to the Office of Enforcement (OE) or RO, as appropriate.

  9. Complaints of Violations of Other Laws. ROs who receive information pertaining to potential violations of laws enforced by other federal or state agencies will refer such matters to the appropriate agency. ROs should only refer complaints to other agencies that do not involve potential plan violations of Title I of ERISA. If an investigation discloses potential plan violations, as well as some other violation, and the RO is uncertain how to proceed, ROs should contact OE to discuss the appropriate action.

    ROs should refer violations involving defined benefit plans directly to the Pension Benefit Guaranty Corporation (PBGC) when the PBGC insures the defined benefit plan. ROs should copy OE in the referral.

  10. Complaints Concerning Subjects outside an RO’s Jurisdiction. RO should forward complaints concerning an individual or organization from another RO’s geographic jurisdiction to the appropriate RO. The referring RO should confirm with the recipient RO that a referral is appropriate prior to the referral.