29 CFR §2570.152
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
For section 3(40) Finding Proceedings, this section shall apply instead of the definitions in 29 CFR 18.2.
- (a)ERISA means the Employee Retirement Income Security Act of 1974, et seq., 29 U.S.C. 1001, et seq., as amended.
- (b)Order means the whole or part of a final procedural or substantive disposition by the administrative law judge of a matter under section 3(40) of ERISA. No order will be appealable to the Secretary except as provided in this subpart.
- (c)Petition means a written request under the procedures in this subpart for a finding by the Secretary under section 3(40) of ERISA that a plan is established or maintained under or pursuant to one or more collective bargaining agreements.
- (d)Petitioner means the plan or arrangement filing a petition.
- (e)Respondent means:
- (1)A state government instrumentality charged with enforcing the law that is alleged to apply or which has been identified as asserting jurisdiction over a plan or other arrangement, including any agency, commission, board, or committee charged with investigating and enforcing state insurance laws, including parties joined under § 2570.153;
- (2)The person or entity asserting that state law or state jurisdiction applies to the petitioner;
- (3)The Secretary of Labor; and
- (4)A state not named in the petition that has intervened under § 2570.153(b).
- (f)Secretary means the Secretary of Labor, and includes, pursuant to any delegation or sub-delegation of authority, the Assistant Secretary for Employee Benefits Security or other employee of the Employee Benefits Security Administration.
- (g)Section 3(40) Finding Proceeding means a proceeding before the Office of Administrative Law Judges (OALJ) relating to whether the Secretary finds an entity to be a plan to be established or maintained under or pursuant to one or more collective bargaining agreements within the meaning of section 3(40) of ERISA.