Overview

DOL seeks to attract and retain a high performing and diverse workforce in which employees differences are respected and valued to better meet the varying needs of the diverse customers we serve. DOL fosters a diverse and inclusive work environment that promotes collaboration, flexibility and fairness so that all individuals are able to participate and contribute to their full potential. This position is located in the DOL, Office of the Solicitor, Plan Benefits Security Division.

Any applicant falsely claiming an academic degree from an accredited school will be subject to actions ranging from disqualification from federal employment to removal from federal service.

If your education was completed at a foreign college or university, you must show comparability to education received in accredited educational institutions in the United States and comparability to applicable minimum course work requirements for this position. Click Evaluation of Foreign Education for more information.

This position is located in the Plan Benefits Security Division (PBSD), of the Office of Solicitor (SOL), U.S. Department of Labor. PBSD is responsible for providing legal advice and litigation services to Employee Benefits Security Administration (EBSA) relating to the Employee Retirement Income Security Act of 1974 (ERISA), including amendments to ERISA under the Affordable Care Act of 2010, and the Federal Employee Retirement Security Act (FERSA).

In PBSD, we initiate and conduct complex and sophisticated litigation brought by the Department to enforce ERISA. These cases are brought to protect the interests of workers and retirees in their pension, health benefit, and other employee benefit plans covered by ERISA. They are brought in the federal courts throughout the country and often involve expert testimony and large volumes of documents which sometimes run into the millions of pages. In collaboration with the Solicitor General, PBSD is responsible for the appeals of these cases, and those brought under ERISA by regional offices of SOL, as well as for filing amicus curiae briefs in the federal appellate courts and Supreme Court on important ERISA issues. PBSD also supports the Department of Justice in defensive cases brought against DOL officials and those challenging agency action and regulations in the area of ERISA. PBSD also has a group of regulations attorneys dedicated to providing legal services in support agency rulemaking and legal opinions and advice on a broad array of ERISA and related legal and legislative issues.

PBSD is comprised of a talented, hard-working group of approximately 40 attorneys and paraprofessional support staff members with diverse backgrounds and skill sets. PBSD seeks to attract and retain a high performing and diverse workforce in which employees differences are respected and valued to better meet the varying needs of the diverse customers we serve. PBSD fosters a diverse and inclusive work environment that promotes collaboration, flexibility and fairness so that all individuals are able to participate and contribute to their full potential.

The incumbent represents the Secretary of Labor as plaintiff in civil litigation enforcing the Employee Retirement Income Security Act of 1974 (ERISA) and portions of the Affordable Care Act of 2010 (ACA) in United States district courts throughout the country. The incumbent will work under the supervision of senior attorneys and often as part of a litigation team. The litigation protects the pension and health benefits of employees participating in ERISA-covered benefit plans by obtaining injunctive and substantial monetary relief against plan trustees and other fiduciaries who have breached their fiduciary duties under ERISA. The pension benefit cases often involve investments of plan assets, and an understanding of the financial transactions at issue is important to evaluating the merits of the case and effectively using our expert witnesses and challenging the opponents’ experts. The health benefit cases involve novel and challenging issues under ERISA and the ACA and may require expert witnesses. The incumbent will also litigate cases seeking civil monetary penalties under ERISA section 502(c)(2) before administrative law tribunals.

The incumbents responsibilities include legal assistance during investigations conducted by our client agency within DOL, the Employee Benefits Security Administration (EBSA), reviewing investigations conducted by EBSA, and preparing a written factual and legal analysis and recommendation as to whether the Secretary should bring an enforcement suit based on the investigation. The attorney is responsible for preparing court pleadings and motions, arguing and presenting evidence and witnesses in court hearings, and conducting all forms of pretrial discovery, settlement negotiations, and trials, often as part of a team of attorneys with various levels of experience. These responsibilities require the ability to aggressively pursue the litigation to conclusion through settlement, summary judgment, or trial and the ability to work cooperatively with other trial attorneys, supervisors, paralegals, and support staff. The incumbent may also have the opportunity to brief and argue appeals in the U.S. Courts of Appeals, including cases in which the Secretary is participating as amicus curiae.

The incumbent may also provide legal opinion and advice in connection with drafting or reviewing regulations under the ERISA, proposed legislation, ERISA prohibited transaction exemptions, ERISA advisory opinions, and other legal guidance.

To qualify for an attorney position, applicants must possess a professional law degree (LL.B. or J.D.); be a member in good standing of the bar of a court of general jurisdiction of a state, territory or possession of the U.S.; and have acquired the amount of experience indicated below for each grade level.

GS-13, two (2) years of progressively responsible legal experience of a professional nature which demonstrates the ability to perform the work at this level. At least one year of qualifying experience, at this level, must be specialized experience as defined below.

GS-14, three (3) years of progressively responsible legal experience of a professional nature which demonstrates the ability to perform the work at this level. At least one year of qualifying experience, at this level, must be specialized experience as defined below.

Specialized experience is defined as experience in conducting litigation of civil cases in federal or state trial or appellate courts or administrative agencies.

Note: An LL.M may be substituted for a maximum of one year experience.

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