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HRD-85-6 1 (1984-11-06)

handle is hein.gao/gaobabevw0001 and id is 1 raw text is: /.~' J1)2 , Ft, . .... - BY I iH- US. l N RAL AC OUN G OFFI E Report To The Chairman, Committee On Labor and Human Resources United States Senate Assessment Of How The Department Of Labor's Solicitor's Office Handles Pension and Welfare Benefit Cases The Employee Retirement Income Security Act was passed to protect employee pension and welfare benefit plans' funds and assets against mismanagement and misuse. The Department of Labor's Office of Pension and Welfare Benefit Programs directs Labor's enforcement of the act, and it refers cases to the Office of the Solicitor for legal advice on whether to seek compliance of alleged viola- tions of the act voluntarily or through litigation. Because of the newness and complexity of the act and Labor's policy of seeking cases for litigation to develop case law, many cases were referred to the Solicitor's Office between 1976 and 1981. As a result, the Solicitor's Office acCuMUlated a backlog of cases. This report discusses (1) the backlog, (2) (Jelays in providing legal analyses on cases, (3) the effects of the delays on Labor's enforcement efforts, and (4) the appropriateness of referring certain cases to other agencies for disposition. Labor has given field offices greater enforcement authority, and the Office of Pension and Welfare Benefits Programs has reduced the cases referred to the Solicitor. The Solici- tor's Office has revised its case processing procedures, increased ils staff, and reduced the backlog of cases. Although GAO has not reviewed cases under the new procedures, it believes, if properly implemented, they should help reduce the likelihood of a large case backlog occurrirg in the future. 0 Cr7 7' * 7t djK ' iim--5iz)50 125794 GAO/HRD-85-6 NOVEMBER 6, 1984

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