When Does An Employee Become An ERISA Whistleblower?

Most employment statutes include an anti-retaliation or whistleblower provision, and ERISA is no exception.  Section 510 of ERISA provides employment protections to employees who have "given information ... in an inquiry or proceeding related to [ERISA]."  The rub, however, is what counts as "giving information" in any "inquiry or proceeding"?  While this provision clearly protects employees who make formal complaints and participate in government investigations or proceedings, the rather ambiguous language has given rise to a fundamental question under ERISA:  Does § 510 protect unsolicited internal complaints by an employee related to an ERISA plan that are unconnected to a formal inquiry or proceeding?  Unfortunately, this ambiguous language has led to inconsistent results.