Does ERISA provide for administrative exceptions?
| Does ERISA provide for administrative exemptions? |
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Yes. Apart from statutory exemptions, ERISA allows for administrative exemptions by the Secretary of Labor from all or part of certain provisions of ERISA. Before granting an exemption, the Secretary of Labor must publish the proposed exemption in the Federal Register, provide an opportunity for a hearing so that interested persons may present their views and make a determination on the record granting or denying the application. Before granting an exemption, the Secretary of Labor must find that the exemption is administratively feasible; in the interests of the plan and of its participants and beneficiaries; and protective of the rights of the participants and beneficiaries. |
