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DOL ERISA Advisory Opinion 2023-01A on Benefit Plans

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Published January 19th, 2023
Detected March 15th, 2026
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Summary

The Department of Labor issued Advisory Opinion 2023-01A interpreting the Employee Retirement Income Security Act (ERISA) concerning benefit plans. This opinion clarifies specific provisions related to plan administration and fiduciary responsibilities.

What changed

The Department of Labor's Employee Benefits Security Administration (EBSA) has issued Advisory Opinion 2023-01A, providing interpretation on specific aspects of ERISA as they apply to employee benefit plans. The opinion addresses the circumstances under which certain arrangements or actions are considered to be within the scope of ERISA, offering guidance on fiduciary duties and plan compliance.

This advisory opinion serves to clarify existing regulations and does not impose new obligations. Employers and plan administrators should review the opinion to ensure their benefit plans and administrative practices align with ERISA's requirements as interpreted by the DOL. While non-binding, it provides valuable insight into the agency's enforcement perspective.

What to do next

  1. Review Advisory Opinion 2023-01A for applicability to plan operations.
  2. Consult with legal counsel regarding any specific plan provisions or practices addressed in the opinion.

Source document (simplified)

No Advisory Opinion Records Found.

Classification

Agency
DOL
Published
January 19th, 2023
Instrument
Guidance
Legal weight
Non-binding
Stage
Final
Change scope
Minor

Who this affects

Applies to
Employers Government agencies
Geographic scope
National (US)

Taxonomy

Primary area
Pensions & Retirement
Operational domain
Compliance
Topics
Employee Benefits ERISA

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