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Comment 1 Anonymous 09092009

Document ID: EBSA-2009-0020-0002
Document Type: Public Submission
Agency: Employee Benefits Security Administration
Received Date: September 09 2009, at 12:00 AM Eastern Daylight Time
Date Posted: November 4 2009, at 12:00 AM Eastern Standard Time
Comment Start Date: September 4 2009, at 12:00 AM Eastern Standard Time
Comment Due Date: November 3 2009, at 11:59 PM Eastern Standard Time
Tracking Number: 80a1f054
View Document:  View as format xml

This is comment on Proposed Rule

Civil Penalties under ERISA Section 502(c)(8)

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2560.502c-8(j) states in part: “If more than one person is responsible as plan sponsor for [the] violations… all such persons shall be jointly and severally liable for such violations.” Further clarification is requested to define who is "responsible." For instance, with a joint board of trustees of a multiemployer plan, are all trustees jointly and severally liable for the penalty imposed under 502(g)(2) for failure to meet certain requirements of 305 simply by a failure of the board to adopt a course of action as a whole, or are only those trustees who may have dissented from taking action "responsible"?

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Total: 1
Comment 1 Anonymous 09092009
Public Submission    Posted: 11/04/2009     ID: EBSA-2009-0020-0002

Nov 03,2009 11:59 PM ET