A new chapter begins

DOL encourages the public to seek ERISA advisory opinions 

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June 4, 2025
In a recent email announcement, the Department of Labor (DOL) said the agency is modernizing its ERISA opinion letter program and encouraging submissions from the public. While the announcement offers few details, the agency said it expects to “increase official guidance” on ERISA’s application to specific situations. An accompanying news release explains that this effort expands on DOL’s “commitment to providing meaningful compliance assistance” to workers, employers and other stakeholders by “addressing real-world questions.” Sponsors who wish to request an opinion letter should talk with their legal counsel.
  • Process for requesting opinion letters appears unchanged.

    DOL already has a longstanding process for requesting opinion letters. For nearly five decades, members of the regulated community have been able to seek the agency’s formal guidance on ERISA’s application to particular factual situations — though the pace of that guidance has slowed in recent years. ERISA procedure 76-1 describes the process for requesting opinion letters, which typically come in two forms:

    Advisory opinions interpret ERISA’s requirements and apply them to a specific factual situation. However, DOL generally won’t issue opinion letters on whether particular conduct satisfies ERISA’s fiduciary standards of care. Only the organizations or individuals described in an advisory opinion may rely on it (though practitioners often view these opinions as persuasive guidance for others in similar situations).

    Information letters describe a well-established interpretation or principle of ERISA without addressing a specific factual situation. These letters are informational only and not binding on DOL.

    The announcement doesn’t indicate whether DOL is considering modifying ERISA procedure 76-1.

  • Updated opinion letter website.
    The agency has also launched an updated website for the public to search for previously issued advisory opinions and information letters.

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