§ 2570.151 In general.
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Title 29 CFR: Labor › Chapter XXV: EMPLOYEE BENEFITS SECURITY ADMINISTRATION, DEPARTMENT OF LABOR › Part 2570: PROCEDURAL REGULATIONS UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT › Subpart H: Procedures for Issuance of Findings Under ERISA Sec. 3(40) › § 2570.151: § 2570.151 In general.
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If there is an attempt to assert state jurisdiction or the application of state law, either by the issuance of a state administrative or court subpoena to, or the initiation of administrative or judicial proceedings against, a plan or other arrangement that alleges it is covered by title I of ERISA, 29 U.S.C. 1003, the plan or other arrangement may petition the Secretary to make a finding under section 3(40)(A)(i) of ERISA that it is a plan established or maintained under or pursuant to an agreement or agreements that the Secretary finds to be collective bargaining agreements for purposes of section 3(40) of ERISA.
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