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Text of DOL Advisory Opinion 2013-02A: Whether Plan Is Maintained Pursuant to a Collective Bargaining Agreement
Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL] Link to more items from this source
[Official Guidance]
June 13, 2013

"[The DOL] is unable to conclude that the Plan should be treated as maintained pursuant to a collective bargaining agreement for purposes of ERISA 3(37)(G) ... The information you submitted indicates only the existence of agreements by the participating Local Unions (in their capacity as employers) to make contributions to the Plan. These documents do not establish an agreement between the Local Unions, as employers, and the Joint Council, as a chosen representative of the employees, for purposes of negotiating with respect to the Plan or any other terms or conditions of employment."

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