[Congressional Record (Bound Edition), Volume 146 (2000), Part 10]
[Extensions of Remarks]
[Page 13845]
[From the U.S. Government Publishing Office, www.gpo.gov]



             INTRODUCTION OF THE PARTICIPANT ADVOCATE BILL

                                 ______
                                 

                         HON. ROBERT E. ANDREWS

                             of new jersey

                    in the house of representatives

                         Tuesday, July 11, 2000

  Mr. ANDREWS. Mr. Speaker, today Senator Harkin and I are pleased to 
introduce legislation to create an Office of Pension Participant 
Advocacy within the Department of Labor. This is an idea whose time is 
long overdue. Over the last several decades, and particularly since 
Congress enacted the Employee Retirement Income Security Act of 1974, 
our pension system has grown increasingly complicated and less 
``employee-friendly''. Even in the best of circumstances, pension law 
is complex. But, when employees or retirees have questions or problems, 
understanding and maneuvering through our pension system can be a 
nightmare.
  I, and many other members of Congress, have long believed that 
individuals need a single easy place that they can turn to when they 
have problems with our pension system. Currently, pension issues are 
handled by a variety of agencies, including the Department of Labor, 
Department of Treasury, Internal Revenue Service, Pension Benefit 
Guaranty Corporation, as well as several other agencies. Finding the 
right agency itself can be a challenge. In addition, these agencies 
often are not set up to help with individual problems and concerns. The 
IRS and Treasury Departments primarily focus on tax abuses, not 
individual inquiries. For many years, the Department of Labor had 
little or no staff to help individuals with specific problems. Even 
though the Department has worked hard in the past five years to develop 
a team of ``benefit advisers'', there is no clear statutory mandate for 
this program, nor clear directive that the Department should provide an 
easy and accessible entry point for individuals with pension problems. 
The American people need a simple place to go to address their pension 
concerns. There is no need or reason to seek out expensive lawyers when 
an individual has a particular pension problem which may involve a 
small amount of money dollar-wise, but mean the difference between a 
decent and an impoverished retirement to that person.
  The Office of Pension Participant Advocacy would establish a clear 
Congressional mandate that the Department of Labor should be the entry 
point for individuals with their pension problems. We are not talking 
about creating a new bureaucracy, but streamlining and improving the 
existing system. Under our legislation, the Department of Labor would 
establish an Office of the Pension Participant Advocate that would be 
headed by a senior executive with demonstrated expertise in pension 
participant assistance. The Office would evaluate the efforts of 
existing entities to assist pension plan participants and promote the 
effectiveness of our pension system by increasing awareness of the 
importance of pensions and ensuring that the pension benefit rights of 
individuals are protected. The Pension Participant Advocate annually 
would report to the Administration and Congress on policy issues it has 
encountered and make recommendations for resolving them.
  We hope this bill will receive widespread bipartisan support. Over 
the past several years, a bipartisan group of members and outside 
organizations has expressed concern about the shortcomings of our 
current pension assistance system. We hope this bill will provide a 
meaningful and cost effective solution to the system's current 
inadequacies and look forward to working with our colleagues towards 
its enactment.

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