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Committee Detail

Note: An Annual Comprehensive Review, as required by §7 of the Federal Advisory Committee Act, is conducted each year on committee data entered for the previous fiscal year (referred to as the reporting year). The data for the reporting year is not considered verified until this review is complete and the data is moved to history for an agency/department. See the Data From Previous Years section at the bottom of this page for the committee’s historical, verified data.


DOL - 651 - Advisory Council on Employee Welfare and Pension Benefit Plans - Statutory (Congress Created)
Hide Section - GENERAL INFORMATION

GENERAL INFORMATION

Committee NameAdvisory Council on Employee Welfare and Pension Benefit PlansAgency NameDepartment of Labor
Fiscal Year2020Committee 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 Date12/3/2018Designated Fed Officer Position Title*Executive Secretary, Advisory Council on Employee Welfare and Pension Plans
Date Of Renewal Charter12/3/2020Designated Federal Officer Prefix
Projected Termination Date Designated Federal Officer First Name*Christine
Exempt From Renewal*NoDesignated Federal Officer Middle NameE
Specific Termination AuthorityDesignated Federal Officer Last Name*Donahue
Establishment Authority*Statutory (Congress Created)Designated Federal Officer Suffix
Specific Establishment Authority*29 U.S.C. 1142Designated Federal Officer Phone*(202) 693-8641
Effective Date Of Authority*9/2/1974Designated Federal Officer Fax*(202) 219-8141
Exempt From EO 13875 Discretionary CmteNot ApplicableDesignated Federal Officer Email*donahue.christine@dol.gov
Committee Type*Continuing
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 Advisory Council on Employee Welfare and Pension Benefit Plans (ERISA Advisory Council or Council) represents various interest groups and advises the Secretary of Labor (Secretary) in matters relating to his or her responsibilities under Title I of the Employee Retirement Income Security Act of 1974 (ERISA). The committee reports to the Secretary through the Assistant Secretary of Labor for the Employee Benefits and Security Administration (EBSA). The Council holds open meetings to which the public is invited to testify. The Council submits reports to the Secretary with recommendations based on the findings.
How is membership balanced?*The 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. In addition, members’ selection follows a membership balance plan.
How frequent & relevant are cmte mtgs?*The 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. There have been five 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 Council. Therefore, information and advice might not be readily available from other sources.
Why close or partially close meetings?Not Applicable
Recommendation RemarksNone.
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*176Access Contact Designated Fed. Officer*Yes
Number Of Recommendations CommentThe 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 FY 2002, the Council has made 176 distinct recommendations. During 2019, the Advisory Council studied the following issues: (1) Beyond Plan Audit Compliance: Improving the Financial Statement Audit Process; and (2) Permissive Transfers of Uncashed Checks from ERISA Plans to State Unclaimed Property Funds. During 2020, the Council studied the following issues: (1) Examining Top Hat Plan Participation and Reporting; and (2) Considerations for Recognizing and Addressing Participants with Diminished Capacity.Access Agency WebsiteYes
% of Recs Fully Implemented*20.00%Access Committee WebsiteNo
% of Recs Fully Implemented CommentWhile EBSA has implemented many of the recommendations provided by the Council, the agency 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, EBSA has implemented many of the Council’s recommendations throughout the years, including the following recent examples: (1) In 2018, 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 Final Rule states: “The Department’s independent ERISA advisory group also urged the Department to reexamine the disability claims process” and goes on to cite the Council’s specific recommendations. 2) In 2020, EBSA issued a Final Rule on Default Electronic Disclosure by Employee Pension Benefit Plans Under ERISA. The Final Rule created a safe harbor for employee benefit plan administrators to use electronic media, as a default, to furnish information to participants and beneficiaries of plans subject to ERISA. In support of the safe harbor, the final rule noted that the Council had made recommendations in 2017, 2009, 2007, and 2006 related to electronic disclosure. The 2020 Final Rule noted that the Advisory Council’s 2017 report recommended a move toward electronic delivery, which the Council described as more helpful to participants and reduces disclosure costs. EBSA’s 2019 Proposed Rule on the same topic included an extensive summary of each of the Council’s four prior reports and recommendations on the topic.Access GSA FACA WebsiteYes
% of Recs Partially Implemented*20.00%Access PublicationsNo
% of Recs Partially Implemented CommentSee statement in "% of Recs Fully Implemented Comment."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 Comment*The 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*$45,928.00Est Payments to Non-Fed Members Next FY*$137,828.00
Payments to Federal Members*$0.00Est. Payments to Fed Members Next FY*$0.00
Payments to Federal Staff*$118,000.00Estimated Payments to Federal Staff*$118,000.00
Payments to Consultants*$0.00Est. Payments to Consultants Next FY*$0.00
Travel Reimb. For Non-Federal Members*$8,638.00Est Travel Reimb Non-Fed Members nextFY*$37,080.00
Travel Reimb. For Federal Members*$0.00Est Travel Reimb For Fed Members*$0.00
Travel Reimb. For Federal Staff*$0.00Est. Travel Reimb to Fed Staff Next FY*$0.00
Travel Reimb. For Consultants*$0.00Est Travel Reimb to Consultants Next FY*$0.00
Other Costs$13,894.00Est. Other Costs Next FY*$18,000.00
Total Costs$186,460.00Est. Total Next FY*$310,908.00
Federal Staff Support (FTE)*1.00Est. Fed Staff Support Next FY*1.00
Cost RemarksEst Cost Remarks
Hide Section - Interest Areas

Interest Areas

Category
Area
Finance
Investment
Health
Health Care
Retirement
Employee Welfare
Pensions
Retirement
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-035635Advisory Council on Employee Welfare and Pension Benefit Plans2019
 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