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Sole owner pension plan outside ERISA Title I
Summary A sole shareholder asked whether a pension plan covering only that shareholder was subject to ERISA. DOL applied the then regulation excluding a wholly owned business owner from employee status and concluded that the plan had no employee participants. It said Title I reporting and disclosure duties did not apply to the described plan.
Document
Federal opinion letter
Agency
U.S. Department of Labor, Employee Benefits Security Administration (EBSA)
Document number
P/OPINION 76-111
Date issued
September 28, 1976
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EBSA's index does not mark withdrawn or superseded opinions; still posted on dol.gov as of 2026-10-26.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 76-111
3(3)
September 28, 1976
Dear :
This is in reply to your letter dated October 27, 1975,
requesting confirmation of your interpretation that the
(named), Employees' Pension Plan and Trust (Plan) is not
covered under the Employee Retirement Income Security Act
of 1974 (ERISA) pursuant to section 2510.3-3(c)(l) of the
regulation issued August 15, 1975. You own 100% of the
stock of the corporation and are the only participant
under the Plan. I am sorry we could not reply earlier.
Section 2510.3-3(b) excludes from the definition of the
term "employee benefit plan" any plan, fund or program
under which there are no employee participants covered
under the plan. Section 2510.3-3(c)(l) excludes from the
definition of an "employee" an individual who wholly owns
a trade or business, whether incorporated or unincorpo-
rated. Based on the information that you own 100% of the
stock of the corporation and you are the only participant
under the Plan, it is concluded that the Plan is not
covered under Title I of the ERISA. The Plan is not
subject to any of the requirements of Title I, including
reporting and disclosure.
Sincerely,
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