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| How to Request Advisory Opinions |
In August, 1976, the predecessor agency to the Pension and Welfare Benefits Administration isssued ERISA Procedure 76-1, Procedure for ERISA Advisory Opinions. ERISA Proc. 76-1 sets out the specifications for Advisory Opinion requests, including requests to which the agency will not respond. Notably, ERISA Proc. 76-1 indicates that the agency will not respond to requests involving hypothetical fact patterns or requests in which the parties have not been adequately identified.
It is not unusual for the Pension and Welfare Benefits Administration to contact by telephone the individual(s) making the Advisory Opinion request. Typically, the agency is seeking clarification or additional information.
An excellent way to acquaint yourself with the Advisory Opinion process is to examine past requests. By mid August, www.ErisaAdvisoryOpinions.com will begin to make available background materials, i.e., letters submitted to the Pension and Welfare Benefits Administration requesting advisory opinions.
See also: Cover Letters of Requests For Particular Advisory Opinions
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| © Matthew Justin Vance, Esq., 2002-2004 |
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