umber: 12-07
July 20, 2007
Form T-1, Trust Annual Report, Vacated by Court
On July 16, 2007, in AFL-CIO v. Chao, the United States District Court for the District of Columbia vacated the September 29, 2006 Final Rule implementing Form T-1, Trust Annual Report. The Department of Labor had originally issued Form T-1 on October 9, 2003 together with the revised Form LM-2. On May 31, 2005 the U.S. Court of Appeals for the District of Columbia Circuit vacated that Final Rule with respect to the Form T-1. Subsequently, the Department issued the September 29, 2006 Final Rule to conform the Form T-1 reporting requirements to the Court of Appeals' ruling.
The District Court vacated the September 29, 2006 Final Rule, concluding that the Department was required to have either published a proposed rule for notice and comment before issuing the Final Rule or included in the Final Rule a finding that there was good cause to dispense with notice and comment as "impracticable, unnecessary, or contrary to the public interest."
As a result of this ruling, no Form T-1 is now required to be filed. If any further developments result in a change to the Form T-1 reporting requirement, OLMS will inform the public through OLMS News and other means.
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Last Updated: 07/20/07