[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2560.502-1]

[Page 518]
 
                             TITLE 29--LABOR
 
 CHAPTER XXV--EMPLOYEE BENEFITS SECURITY ADMINISTRATION, DEPARTMENT OF 
                                  LABOR
 
PART 2560_RULES AND REGULATIONS FOR ADMINISTRATION AND ENFORCEMENT
--Table of Contents
 
Sec. 2560.502-1  Requests for enforcement pursuant to section 502(b)(2).




Sec.
2560.502-1 Requests for enforcement pursuant to section 502(b)(2).
2560.502c-2 Civil penalties under section 502(c)(2).
2560.502c-5 Civil penalties under section 502(c)(5).
2560.502c-6 Civil penalties under section 502(c)(6).
2560.502c-7 Civil penalties under section 502(c)(7).
2560.502i-1 Civil penalties under section 502(i).
2560.503-1 Claims procedure.

    Authority: 29 U.S.C. 1132, 1135, and Secretary of Labor's Order 1-
2003, 68 FR 5374 (Feb. 3, 2003). Sec. 2560.503-1 also issued under 29 
U.S.C. 1133.


    (a) Form, content and filing. All requests by participants, 
beneficiaries, and fiduciaries for the Secretary of Labor to exercise 
his enforcement authority pursuant to section 502(a)(5), 29 U.S.C. 
1132(a)(5), with respect to a violation of, or the enforcement of, parts 
2 and 3 of title I of the Employee Retirement Income Security Act of 
1974 (the Act) shall be in writing and shall contain information 
sufficient to form a basis for identifying the participant, beneficiary, 
or fiduciary and the plan involved. All such requests shall be 
considered filed if they are directed to and received by any office or 
official of the Department of Labor or referred to and received by any 
such office or official by any party to whom such writing is directed.
    (b) Consideration. The Secretary of Labor retains discretion to 
determine whether any enforcement proceeding should be commenced in the 
case of any request received pursuant to paragraph (a) of this section, 
and he may, but shall not be required to, exercise his authority 
pursuant to section 502(a)(5) of the Act only if he determines that such 
violation affects, or such enforcement is necessary to protect claims of 
participants or beneficiaries to benefits under the plan.

[43 FR 50175, Oct. 27, 1978]