Petition for Finding under the Employee Retirement Income Security Act Section 3(40)

The Department's regulations at 29 CFR 2570.150 et seq. provide procedures for an entity against whom state jurisdiction has been asserts to petition the Secretary to make a finding under section 3(40)(A)(i) of ERISA that the entity is established or maintained under or pursuant to one or more collective bargaining agreements. The regulations establish procedures for initiating an administrative proceeding before the Office of Administrative Law Judges (OALJ) and establish that an OALJ decision shall constitute a finding under section 3(40)(A)(i) of ERISA. The regulations also provide for an appeal of an OALJ decision to the Secretary.

The latest form for Petition for Finding under the Employee Retirement Income Security Act Section 3(40) expires 2023-01-31 and can be found here.