[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2570.30]

[Page 553-554]
 
                             TITLE 29--LABOR
 
 CHAPTER XXV--EMPLOYEE BENEFITS SECURITY ADMINISTRATION, DEPARTMENT OF 
                                  LABOR
 
PART 2570_PROCEDURAL REGULATIONS UNDER THE EMPLOYEE RETIREMENT INCOME 
SECURITY ACT--Table of Contents
 
 Subpart B_Procedures for Filing and Processing Prohibited Transaction 
                         Exemption Applications
 
Sec. 2570.30  Scope of rules.

    Source: 55 FR 32847, Aug. 10, 1990, unless otherwise noted.


    (a)(1) The rules of procedure set forth in this subpart apply to all 
applications for exemption which the Department has authority to issue 
under:
    (i) Section 408(a) of the Employee Retirement Income Security Act of 
1974 (ERISA);
    (ii) Section 4975(c)(2) of the Internal Revenue Code of 1986 (the 
Code) (see Reorganization Plan No. 4 of 1978); or
    (iii) The Federal Employees' Retirement System Act of 1986 (FERSA) 
(5 U.S.C. 8477(c)(3)).

[[Page 554]]

    (b) The Department will generally treat any exemption application 
which is filed solely under section 408(a) of ERISA or solely under 
section 4975(c)(2) of the Code as an exemption filed under both section 
408(a) and section 4975(c)(2) if it relates to a transaction that would 
be prohibited both by ERISA and by the corresponding provisions of the 
Code.
    (c) The procedures set forth in this subpart represent the exclusive 
means by which the Department will issue administrative exemptions. The 
Department will not issue exemptions upon oral request alone. Likewise, 
the Department will not grant exemptions orally. An applicant for an 
administrative exemption may request and receive oral advice from 
Department employees in preparing an exemption application. However, 
such advice does not constitute part of the administrative record and is 
not binding on the Department in its processing of an exemption 
application or in its examination or audit of a plan.