DOL ERISA Advisory Opinions

Department of Labor Rescinds ERISA Advisory Opinion 2023-01A on Citigroup Program

The Department of Labor has rescinded Advisory Opinion 2023-01A concerning Citigroup's Action for Racial Equity Asset Manager Program. The Department now states the program is unlawful under civil rights laws, not ERISA, and requires Citigroup to immediately cease all illegal activity.

ERISA Advisory Opinion on California Firefighters Disability Plan

The Department of Labor's Employee Benefits Security Administration (EBSA) issued Advisory Opinion 2025-02A regarding the California Association of Professional Firefighters (CAPF) Long Term Disability Plan and the National Peace Officers and Fire Fighters Benefit Association (NPFBA) Long Term Care Plan. The opinion addresses whether these plans qualify as employee welfare benefit plans under ERISA.

Morgan Stanley Compensation Plan Not Subject to ERISA

The Department of Labor issued Advisory Opinion 2025-03A, determining that Morgan Stanley's deferred incentive compensation programs are not considered employee pension benefit plans under ERISA. This guidance clarifies the applicability of ERISA to specific compensation structures for financial advisors.

ERISA Advisory Opinion on Lifetime Income Strategy Program

The Department of Labor's Employee Benefits Security Administration (EBSA) issued Advisory Opinion 2025-04A, responding to a request from AllianceBernstein L.P. (AB) regarding its Lifetime Income Strategy (LIS) program. The opinion addresses whether the LIS program, which includes a guaranteed lifetime withdrawal benefit, meets the requirements to be a qualified default investment alternative (QDIA) under ERISA.