Selection of Plans for DOL Investigations (Posted January 15, 2004) Technical Tip 37: The following question and answer are from the DOL Q&A Session at the 2000 ASPPA Annual Conference: How does the DOL select the plans it investigates? DOL Response: The DOL selects the plans that it investigates through a number of sources: (a) computer generated compilations of selected employee benefit plans or service providers derived from reports filed with PWBA; (b) information concerning employee benefit plans or service providers derived from governmental agencies such as the IRS, the SEC and state insurance agencies; (c) information concerning employee benefit plans or service providers derived from non-governmental sources such as newspapers, industry journals and magazines, or leads from other knowledgeable parties; (d) information received as a result of complaints from participants, fiduciaries, informants, or other sources such as attorneys, accountants, and TPAs; (e) information derived from detailed review of annual reports, financial statements, schedules, exemption application files, ERISA Section 502 complaints, and other internal PWBA sources; and (f) information derived from plans targeted through use of subpoenas to TPAs and financial institutions pursuant to national or regional initiatives. Caveat: The answer was drafted by the program moderators, including Fred Reish, based on their understandings of discussions with four senior officials of the Employee Benefits Security Administration (EBSA) -- formerly the PWBA -- of the U.S. Department of Labor. As a result, it does not represent a formal or binding position statement by the EBSA. View all Tips © 2012 Reish Luftman Reicher & Cohen, a Professional Corporation Important notice: Answers are provided as general guidance on the subjects covered in the question and are not provided as legal advice to the questioner's situation. Any legal issues should be reviewed by your legal counsel to apply the law to the particular facts of your situation.