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Assistant Secretary
Phyllis C. Borzi was confirmed on July 10, 2009 as Assistant Secretary of Labor of the Employee Benefits Security Administration (EBSA). EBSA oversees approximately 707,000 private-sector retirement plans, approximately 2.3 million health plans, and a similar number of other welfare benefit plans that provide benefits to approximately 141 million Americans. As agency head, she oversees the administration, regulation and enforcement of Title I of the Employee Retirement Income Security Act of 1974 (ERISA).
Previously, Ms. Borzi was a research professor in the Department of Health Policy at George Washington University Medical Center’s School of Public Health and Health Services. In that position, she was involved in research and policy analysis involving employee benefit plans, the uninsured, managed care, and legal barriers to the development of health information technology. In addition, she was of counsel with the Washington, D.C. law firm of O’Donoghue & O’Donoghue LLP, specializing in ERISA and other legal issues affecting employee benefit plans, including pensions and retirement savings, health plans, and discrimination based on age or disability.
From 1979 to 1995, Borzi served as pension and employee benefit counsel for the U.S. House of Representatives, Subcommittee on Labor-Management Relations of the Committee on Education and Labor. In 1993, she served on working groups dealing with insurance reform, workers’ compensation and employer coverage in connection with the Clinton Task Force on Health Care Reform.
Borzi is a charter member and former President of the American College of Employee Benefit Counsel and served on its Board of Governors from 2000-2008; former member and former co-chair of the Advisory Board of the BNA Pension & Benefits Reporter; former member of the Advisory Committee of the Pension Benefit Guaranty Corporation; and former member of the Advisory Board of the Pension Research Council, The Wharton School, The University of Pennsylvania; and former member of the Board of the Women’s Institute for a Secure Retirement (WISER). In 2008, she was appointed by the U.S. District Court for the Northern District of Ohio and served as a public member of the Administrative Committee for the Goodyear retiree health trust.
Borzi has published numerous articles on ERISA, health care law and policy and retirement security issues and has been a frequent speaker to legal, professional, business, consumer and state and local governmental organizations. An active member of the American Bar Association, Borzi is the former chair of the ABA’s Joint Committee on Employee Benefits. She holds a Master of Arts degree in English from Syracuse University and a J.D. from Catholic University Law School, where she was editor-in-chief of the law review. She is a member of the District of Columbia Bar and is admitted to practice before the U.S. Court of Appeals for the District of Columbia Circuit and the U.S. Supreme Court.
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Assistant Secretary |
Deputy Assistant Secretary
Vacant
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Deputy Assistant Secretary For Program Operations
Alan D. Lebowitz has been Deputy Assistant Secretary for Program Operations of the Employee Benefits Security Administration since January 1984, and as such he is the chief operating officer of the Agency. His responsibilities include overseeing EBSA's regulatory, enforcement and reporting activities.
Mr. Lebowitz joined the Department of Labor in January 1979 as Assistant Administrator for Fiduciary Standards in the Office of Pension and Welfare Benefit Programs. He also served as Acting Assistant Administrator for Enforcement from March 1981 until March 1982.
Prior to joining the Department of Labor, Mr. Lebowitz held several positions in the Employee Plans area at the Internal Revenue Service from 1970 to 1979 ending as Chief of the Prohibited Transactions staff.
Mr. Lebowitz received his B.A. from the University of Massachusetts at Amherst, Massachusetts, a J.D. from Suffolk University Law School in Boston and an L.L.M. in Taxation from George Washington University Law School.
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Deputy Assistant Secretary for Program Operations |
Executive Assistant |
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Office Of Exemption Determinations
The Office of Exemption Determinations is responsible for processing requests for individual and class exemptions from ERISA’s prohibited transaction provisions.
The Office of Exemption Determinations is comprised of two divisions, the Division of Individual Exemptions and the Division of Class Exemptions. The Division of Individual Exemptions is staffed by a division chief and three teams of analysts each of which is headed by a supervisor or team leader. The primary responsibilities of the Division of Individual Exemptions include analyzing individual exemption applications which involve a wide array of financial transactions, preparing interpretive letters and Federal Register notices, and reviewing petitions for good faith waivers of section 502(l) penalties.
The primary responsibilities of the Division of Class Exemptions include analyzing applications for class exemptions, and major individual exemptions related thereto, preparing Federal Register notices, reviewing petitions for good faith waivers of section 502(l) penalties, drafting advisory opinions and information letters regarding class exemptions, and handling special projects.
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Office Director |
Division of Individual Exemptions |
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Office Of Enforcement
The Office of Enforcement promotes the protection of pension and welfare benefits under ERISA by ensuring a strong and effective national and field office enforcement program through: (1) Policy formulation; (2) Project identification and program planning; (3) Guidance development and implementation; (4) Field liaison; (5) Field and project evaluation; (6) Investigations to detect and correct violations of Title I of ERISA and related criminal laws are conducted by the investigative staff in EBSA’s field offices.
The Office of Enforcement is composed of the Division of Field Operations, which coordinates national civil enforcement policy with EBSA field offices and various governmental agencies; the Division of Enforcement Support, which oversees national targeting efforts and provides technical and administrative assistance to EBSA field offices; and the Deputy Director for Criminal Enforcement, who coordinates national criminal enforcement policy with EBSA field offices and with other governmental agencies such as the Department of Justice.
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Office Director |
Division of Enforcement Support |
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Office Of Policy And Research
The Office of Policy and Research (OPR) carries out EBSA’s policy responsibilities and activities on behalf of the Assistant Secretary and Deputy Assistant Secretary for Policy. OPR’s products include policy analysis, economic research, and tracking of all benefits policy related developments and activities. OPR is headed by EBSA’s Director of Policy and Research, who also serves as EBSA’s Chief Economist. Its staff consists mainly of professional economists and attorneys, and includes EBSA’s Chief Actuary.
OPR comprises three divisions. The Division of Legislative Policy Analysis develops and analyzes legislative policies on behalf of the Assistant Secretary and Deputy Assistant Secretary for Policy and supports of all of their related activities. The Division of Regulatory Policy Analysis participates in the development and promulgation of all EBSA rules, assessing rules’ economic impacts pursuant to applicable OMB and Congressional mandates. The Division of Research and Economic Analysis conducts and disseminates economic research calibrated to advance EBSA’s mission and expand economic knowledge related to employee benefits.
OPR also supports the Secretary and the Assistant Secretary in connection with the Secretary’s duties as Chairman of the Board of the Pension Benefit Guaranty Corporation and Trustee for the Social Security and Medicare Trust Funds, provides quantitative analytic support to EBSA’s enforcement and other programs, and serves as EBSA’s ears and voice in relevant international forums.
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Office Director & Chief Economist |
Division of Legislative Policy Analysis |
Division of Research & Economic Analysis |
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Office Of Health Plan Standards And Compliance Assistance
In response to the significant health care responsibilities given to the Secretary of Labor under the Health Insurance Portability and Accountability Act of 1996, a Task Force was established to develop regulations and other guidance required to implement the new requirements imposed on employer sponsored health plans. These have come to include Part 7 of the Employee Retirement Income Security Act amended by the Health Insurance Portability and Accountability Act of 1996, the Mental Health Parity Act of 1996, and the Newborns’ and Mothers’ Health Protection Act of 1996.
The enactment of these health care laws marks a turning point in how group health plans are regulated at the federal level and significantly changed the nature and scope of the Employee Benefits Security Administration’s interpretive and administrative responsibilities. These health care provisions, as well as the provisions of the Women’s Health and Cancer Rights Act of 1998, create shared jurisdiction and shared regulatory responsibility for the Departments of Labor, the Treasury, and Health and Human Services.
The permanent Office of Health Plan Standards and Compliance Assistance was established in December of 1999. The Office is the primary source of regulations and interpretive guidance related to health plans and provides education, technical assistance and other support to health plans, other government agencies with related responsibilities, policy makers and Employee Benefits Security Administration program offices on health care matters.
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Office Director |
Deputy Director |
Senior Advisor |
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Office Of Regulations And Interpretations
The Office of Regulations and Interpretations is primarily responsible for carrying out the Agency’s regulatory agenda and interpretive activities. The Office also plays a major role in the development, analysis and implementation of pension and health care policy issues by providing technical assistance and support to the Assistant Secretary, external groups and other offices within EBSA. In addition, the Office coordinates regulatory and interpretive activities with other Federal agencies such as the Department of Treasury, the Internal Revenue Service and the Pension Benefit Guaranty Corporation.
The Office is comprised of three divisions, the Division of Regulations, the Division of Fiduciary Interpretations and the Division of Coverage, Reporting and Disclosure. The Division of Regulations is responsible for managing and implementing the Agency’s regulatory priorities under Title I of ERISA and coordinating regulatory activities with other Federal agencies. The general interpretive responsibilities of the Office are allocated on a subject matter basis between the Division of Fiduciary Interpretations and the Division of Coverage, Reporting and Disclosure. The Division of Fiduciary Interpretations is responsible for interpretive matters including the fiduciary responsibility, prohibited transaction, qualified domestic relations order and qualified medical child support order provisions of Parts 2, 4, and 6 of Title I of ERISA, as well as related provisions of the Internal Revenue Code and FERSA. The Division of Coverage, Reporting and Disclosure is generally responsible for interpretive matters relating to the coverage, reporting, disclosure, suspension of benefits, preemption, claims procedure, multiple employer welfare arrangements (MEWA), COBRA and other provisions of Parts 1, 2, 5 and 6 of Title I of ERISA.
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Office Director |
Senior Advisor |
Division of Fiduciary Interpretations |
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Office Of The Chief Accountant
The Office of the Chief Accountant is concerned with annual reporting and audit requirements by employee benefit plans, and enforcement of those provisions through the imposition of civil penalties against a plan administrator whose annual report is rejected, as provided in Part 1, Sections 103 and 104, and Part 5, Section 502, of Title I of ERISA. The Office of the Chief Accountant also operates under the broad authority to conduct investigations and to inspect records, under Part 5, Section 504 of Title I of ERISA. The Office of the Chief Accountant is comprised of three divisions: the Division of Accounting Services, the Division of Reporting and Compliance and the Division of Federal Employees’ Retirement Income Security Act of 1986 Compliance.
The Division of Accounting Services actively performs numerous liaison and outreach activities with professional groups that service employee benefit plans and ensures that plan audits are done in accordance with industry standards.
The Division of Reporting and Compliance ensures that the ERISA data base contains timely, complete and accurate information about the regulated plan community. This division is also responsible for the administration of the Delinquent Filer Voluntary Compliance Program.
The Division of Federal Employees’ Retirement Income Security Act of 1986 (FERSA) Compliance conducts fiduciary compliance audits of the Thrift Savings Plan.
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Chief Accountant |
Division of Reporting And Compliance |
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Office Of Technology And Information Services
The Office of Technology and Information Services provides computer office automation, information processing, and local wide area, and Internet connectivity for EBSA staff nationwide. The Office provides leadership and direction in the use of information technology to support EBSA’s management and operations, including the enforcement and public disclosure requirements of the Employee Retirement Income Security Act of 1974 (ERISA).
The Office is also responsible for: (1) Providing direction for EBSA in the area of IT policy, planning, budget, and acquisition of EBSA information resources related to all developmental projects or upgrades to hardware, software, telecommunications systems, and systems security; (2) Overseeing the review, analysis, evaluation, and documentation of IT systems in accordance with Clinger Cohen legislation and DOL guidance; (3) Providing leadership for the development of greatly enhanced EBSA IT security, and IT operational standards; (4) Providing direction for the development and management of the new office automation software and electronic mail, to conform to DOL department -wide architecture standards; and (5) Overseeing the development, maintenance, and enhancement of application systems and programs for all computer services, local areas networks, and data communications to facilitate access for DOL agencies and outside agencies to ERISA data.
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Office Director |
Division of Resources Management |
Division of IT Operations Support |
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Office Of Outreach, Education, and Assistance
The Office of Outreach, Education, and Assistance (OEA) (formerly, the Office of Participant Assistance) administers EBSA’s Participant and Compliance Outreach, Education and Assistance Program. This program, which received the 2008 USA Services Citizen Service Award, provides participant and compliance assistance directly to the public through a staff of Benefits Advisors, located in EBSA’s field offices, who answer inquiries and complaints received by phone, mail, electronically or in person. OEA coordinates the development of the Agency’s Strategic Plan for Outreach, Education and Assistance, establishes policies and operating procedures for the program, provides oversight and support to the Regional Offices in carrying out these activities, and oversees quality reviews and customer satisfaction surveys related to the program.
EBSA’s Benefits Advisors responded to over 375,000 telephone, written and electronic inquiries and complaints from plan participants, employers and plan sponsors, assisting them in understanding their rights and obligations under the law and in obtaining benefits that may have been denied. The Benefits Advisors obtained over $164 million on behalf of participants and beneficiaries through informal dispute resolution. The Office leads the development and publication of a variety of educational materials for consumers and plan officials and is responsible for policy and content development for the Agency’s Website. The Office is also responsible for the operation of the nationwide toll free hotline for technical assistance and free publications. OEA coordinates three major education campaigns - the Retirement Savings Education Campaign, the Fiduciary Education Campaign and the Health Benefits Education Campaign. OEA staff serves as the Executive Secretary of the ERISA Advisory Council, providing logistical, clerical and technical support throughout the year. OEA is responsible for the operation of the Agency’s Public Disclosure Room and handling Freedom of Information Act requests.
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Office Director |
Deputy Director, Division of Consumer and Compliance Outreach & Education |
Public Disclosure Room |
Regional Office Directors
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Atlanta Regional Office |
Boston Regional Office |
Chicago Regional Office |
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Cincinnati Regional Office |
Dallas Regional Office |
Kansas City Regional Office |
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Los Angeles Regional Office |
New York Regional Office |
Philadelphia Regional Office |
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San Francisco Regional Office |
EBSA Regional Offices
Select your state or territory to get contact information for the EBSA office nearest you.
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Alabama |
Alaska |
American Samoa |
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Arizona |
Arkansas |
California (northern) |
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California (southern) |
Colorado |
Connecticut |
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Delaware |
Florida (northern) |
Florida (southern) |
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Georgia |
Guam |
Hawaii |
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Idaho |
Illinois (northern) |
Illinois (southern) |
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Indiana (northern) |
Indiana (southern) |
Iowa |
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Kansas |
Kentucky |
Louisiana |
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Maine |
Maryland |
Massachusetts |
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Michigan |
Minnesota |
Mississippi |
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Missouri |
Montana |
Nebraska |
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Nevada |
New Hampshire |
New Jersey (northern) |
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New Jersey (southern) |
New Mexico |
New York (eastern) |
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New York (central/western) |
North Carolina |
North Dakota |
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Ohio |
Oklahoma |
Oregon |
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Pennsylvania |
Puerto Rico |
Rhode Island |
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South Carolina |
South Dakota |
Tennessee |
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Texas |
Utah |
Vermont |
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Virginia |
Wake Island |
Washington |
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Washington DC |
West Virginia |
Wisconsin |
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Wyoming |
EBSA District Offices
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Detroit |
Miami |
Seattle |
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St. Louis |
Washington DC |
Mission Statement
The mission of the Employee Benefits Security Administration is to assure the security of the retirement, health and other workplace related benefits of America's workers and their families. We will accomplish this mission by developing effective regulations; assisting and educating workers, plan sponsors, fiduciaries and service providers; and vigorously enforcing the law.
