- 110.

House Bill

Representation in Civil Litigation

Under the House bill (Sec. 503) attorneys appointed by

the Secretary of Labor may represent him in all civil actions except before the Supreme Court and the Court of Claims. Senate Bill

The Senate bill (Sec. 692) provides that attorneys appointed by the Secretary of Labor shall represent him in all civil actions except before the Supreme Court and the Court of Claims.

Administration Recommendation

The Administration recommends that the following language be substituted for lines 1-5 on page 152 of H.R. 2:

Except as provided in Section 518(a) of Title 28, United States Code, relating to litigation before the Supreme Court, the Solicitor of Labor may appear for and represent the Secretary in any civil litigation brought under this Act but all such litigation shall be subject to the direction and control of the Attorney General. Explanation Responsibility for protection of the Government's interests in litigation should be centralized in the Department of Justice. Various statutes, most particularly 28, U.S.C. 516, clearly reserve litigating authority within the Department of Justice, thus insuring that the Government takes a consistent and uniform position in its litigation and that

111.

representation of the Government's interests in court comes from one source.

The suggested language above is identical to that in the Occupational Safety and Health Act of 1970, and provides a basis for agency cooperation in carrying out the specific litigating responsibilities in this legislation while preserving the overall litigating authority of the Justice Department.

[COMMITTEE PRINT]

SUMMARY OF DIFFERENCES BETWEEN THE
SENATE VERSION AND THE HOUSE VERSION
OF H.R. 2

TO PROVIDE FOR PENSION REFORM

PREPARED FOR THE USE OF

THE HOUSE AND SENATE CONFEREES ON H.R. 2

PART ONE

PARTICIPATION, VESTING, FUNDING, ACTUARIES, JURISDICTION,
AND PORTABILITY

25-028 76 107 (Vol. III)

MAY 15, 1974

U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON: 1974

(51 51)

JCS-7-74

CONTENTS

Participation and Coverage_

1. Plans Subject to the Provisions

2. Exemptions to Coverage....

3. Exemption for Church Plans_.

4. General Rule----

5. Maximum Age Requirement....

6. Year of Service Defined (Generally Relates Also to Vesting)
7. Coverage of Seasonal and Part-time Employees.__.

8. Breaks in Service (Generally Relates also to Vesting).

9. Eligibility Collective-Bargaining Units, Air Pilots-

10. Eligibility-Nonresident Aliens__

11. Predecessor Employers-

12. Multiemployer Plans..

13. H.R. 10 Plans..

14. Affiliated Employers..

4. Service Credited for Vesting Purposes

5. Year of Service Defined..

15. Regulations

16. Effective Dates..

Vesting

1. Plans Subject to the Provisions, Exceptions to Coverage, Exemp-
tion for Church Plans....

11

2. General Rule----.

11

3. Transition Rule

12

12

13

14

14

14

14

16

19

14. Plan Termination_

6. Benefits Accrued in the Past_

7. Predecessor Employers__

8. Multiemployer Plans---

9. Permitted Forfeitures of Vested Rights

10. Accrued Benefit_.

11. Changes in Vesting Schedule__

12. Allocation between Employee and Employer Contributions--13. Discrimination

15. Class Year Plans

16. Recordkeeping Requirements_

17. Variations

18. Joint and Survivor Annuities_

19. Alienation

20. Social Security Benefits of Terminated Participants...

21. Payment of Benefits__

22. Comparability of Plans Having Different Vesting Provisions Under the Antidiscrimination Rules___.

23. Protection of Pension Rights under Government Contracts..

4. Existing Past Service Liabilities__

5. Newly Established Initial Past Service Liabilities_.

6. Past Service Liabilities from Plan Amendments..

7. Experience Gains and Losses-

23

(III)