---
kind: "section"
citation: "29 C.F.R. § 2570.152"
title: "29"
number: "2570.152"
heading: "Definitions."
url: "https://uscodex.org/cfr/29/2570.152"
---

# §2570.152. Definitions.


For [section 3(40)](/cfr/29/3.md?p=40) Finding Proceedings, this section shall apply instead of the definitions in [29 CFR 18.2](/cfr/29/18.2.md).

- (a) ERISA means the Employee Retirement Income Security Act of 1974, et seq., [29 U.S.C. 1001](/usc/29/1001.md), 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)](/cfr/29/3.md?p=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)](/cfr/29/3.md?p=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](/cfr/29/2570.153.md);
  - (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)](/cfr/29/2570.153.md?p=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)](/cfr/29/3.md?p=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)](/cfr/29/3.md?p=40) of ERISA.

## Notes

### Source

Source: 68 FR 17489, Apr. 9, 2003, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 8477; 29 U.S.C. 1002(40), 1021, 1108, 1132, and 1135; sec. 102, Reorganization Plan No. 4 of 1978, 5 U.S.C. App at 672 (2006); Secretary of Labor's Order 3-2010, 75 FR 55354 (September 10, 2010) Subpart I is also issued under 29 U.S.C. 1132(c)(8).

### Source

Source: 53 FR 37476, Sept. 26, 1988, unless otherwise noted.