John F. Romann - Page 26

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               It is clear from the legislative history that the statute              
          gives a special status to employees and that this was not                   
          inadvertent.  See infra Appendix.  However the statute does not             
          in terms require that retired employees must, as petitioner                 
          suggests, be "able to enjoy the liberty to appoint their own                
          representative(s)."  Our examination of the legislative history             
          does not bring to light any such intended requirement.  Our                 
          examination of those portions of the record that petitioner cites           
          supra in his paragraph 19(b) does not bring to light any such               
          requirement.                                                                
               On the contrary, it clearly emerges that the Congress                  
          entrusted the Treasury Department with the specific task of                 
          writing interested party regulations.  The Treasury Department              
          has done so.  As our analysis, supra, shows, in most instances              
          only present employees of one sort or another can qualify as                
          interested parties under the regulations.  In the case of plan              
          terminations, the focus shifts to certain former employees and              
          beneficiaries of deceased former employees.  Perhaps the                    
          objectives sought to be furthered by ERISA would have been better           


          served if the Treasury Department had issued regulations more in            
          line with petitioner’s suggestion.  However, ERISA does not                 
          require the Treasury Department to do so, whether we focus merely           
          on the enacted words or take into account the legislative history           
          in order to understand the enacted words.  Under these                      




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