Political Quotes

On the recordSeptember 12, 1995
this is a good example, I think, of people trying to, in good faith, have an understanding. The ERISA law is very arcane. It is important to understand that the DOL does issue advisory opinions, but they do not issue advisory opinions that can tell a fiduciary that the particular transaction is or is not legal. They do not give an opinion on the legality. The fiduciary will have personal liability, if indeed it turns out that a particular investment did not meet the various standards of the prudent man rule and all the case law that goes with it. So that what the gentleman is setting forth here is not what is in the report language. The report language was very carefully drawn to be able to continue the opinions which over the years the Department of Labor does give in reference to prohibited transactions, in matters such as that. However, I repeat, it is not so easy that they can just simply say, ``Mr. Traficant, in regard to your particular private pension plan and your desired investment over here, we can tell you it is legal or it is not legal.'' Therefore, I cannot agree to this amendment. I wish we could have gotten together sooner.
Said by
Harris Fawell
Republican · Illinois

Editor's note · Context

Discussing the complexities of ERISA law and the limitations of Department of Labor advisory opinions.

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