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Employer hours records and multiemployer service credit
Summary A multiemployer plan asked whether it had to obtain hours records from participating employers for participation and vesting credit. DOL said those records were reasonably accessible under the then regulation. It was considering an alternative weeks-worked formula and suggested waiting for that decision before asking more than 1,800 employers to reconstruct historical hours.
Document
Federal opinion letter
Agency
U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
Document number
P/OPINION 75-67
Date issued
December 1, 1975
Status
Unknown
EBSA's index does not mark withdrawn or superseded opinions; still posted on dol.gov as of 2026-10-26.
Status last verified October 26, 2026
Topics
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About this page: The full text below is the official document from U.S. Department of Labor, Employee Benefits Security Administration (EBSA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.
P/OPINION 75-67
201✓
202
December 1, 1975
Dear :
This is in response to your inquiry whether section
2530.200b-3(c) of DOL regulations published on September 8
should be construed to require multiemployer plans to obtain
records of hours worked from member employers. You cited the
phrase "reasonably accessible" in the regulation, and suggested
that while records in the hands of the Fund met this standard,
those in the custody of participating employers do not.
We believe records available from constituent employers are
reasonably accessible within the meaning of this regulation.
However, we are giving consideration to your suggestion that
the regulation be amended to permit participation and vesting
credit to be based upon weeks worked rather than hours
worked, and are hoping to find a formula which will permit
the use of weeks worked where it will be at least as favorable
as hours worked to each participant who may be affected.
Before you request the more than 1800 contributory employers
to reconstruct the hours worked for each employee back to
1966, you may, therefore, wish to wait for publication of a
decision on alternative methods of computing vesting and
participation credit.
Sincerely,
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