Overview of the Enforcement And Administration of the Employee Retirement Income Security Act of 1974 : Scheduled for a Hearing Before the Subcommittee On Oversight of the House Committee On Ways And Means On June 12-14, 1990 Jcx-16-90

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-22- III. ALLOCATION OF RESPONSIBILITY FOR ERISA ENFORCEMENT A. Allocation of Responsibility Between the Department of the Treasury and the Department of Labor In general The pension and employee benefit plan provisions of the Code that have no counterpart in the labor laws are administered by the Department of the Treasury, just as is the case with any other tax provision. Similarly, the Department of Labor administers the provisions of ERISA that do not have counterparts in the Internal Reven
...ue Code.
The overlapping provisions of the labor laws and the Internal Revenue Code enacted as part of ERISA created the need to coordinate the activities of the Treasury and Labor Departments. In some cases, the Congress recognized this need by specifying by statute the agency responsible for promulgating regulations under the duplicative provisions.
ERISA's procedural and administrative provisions also addressed this need by providing for certain procedures in the case of requests for determination letters regarding the qualified status of a plan, plan disqualification due to certain provisions that are in both the labor and tax laws, and prohibited transactions.


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