Section 2570.152 - DefinitionsFor 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.