MEP Proposed Rulemaking
- On October 23, 2018, Employee Benefits Security Administration, Department of Labor published proposed rules of “Definition of ‘Employer’ Under Section 3(5) of ERISA-Association Retirement Plans and Other Multiple-Employer Plans”. The proposed regulation addresses when a group or association of employers or PEO falls within the definition of “employer” under ERISA section 3(5) for purposes of sponsoring a MEP under title I of ERISA to cover the employees of member employers. The comment period for this proposal ended on December 24, 2018.
- On December 21, 2018, CRI submitted comments to the U.S. Department of Labor regarding this proposed rule. Click hereto view the letter. All public comments can be viewed here.
- Department of Labor Proposes Multiple Employer Plan Expansion (Groom Law Group, October 2018). The U.S. Department of Labor proposed rules that clarify which organizations can sponsor MEPs as defined by ERISA section 3(5). The impact on state-run MEPs is unclear, as the proposed rules do not explicitly mention them.
- Court Ruling on Association Health Plans Leaves Future of DOL MEP Rule in Doubt (Groom Law Group, April 2019). The District Court of Washington, D.C. ruled that portions of the U.S. Department of Labor’s rule relating to the definition of employer related to Associated Health Plan undercut the Affordable Care Act. Because the definition of employer for MEPs under ERISA is similar to that of employer for Associated Health Plans, there is concern that a court may similarly block U.S. Department of Labor’s s new MEP rule.
- Summary of the Employee Retirement Income Security Act. Click here to learn more.
- Retirement Plans and ERISA FAQs. Click here to learn more.
- ERISA – Title 29 of the Code of Federal Regulations. Click here to learn more.
- U.S. Department of Labor Marks ERISA’s 40thAnniversary. Click here to learn more.
View Recent DOL ERISA Advisory Council Reports:
- 2018 Topic: Lifetime Income Solutions as a Qualified Default Investment Alternative (QDIA) – Focus on Decumulation and Rollovers
- “Mandated Disclosure for Retirement Plans – Enhancing Effectiveness for Participants and Sponsors” (November 2017)
- “Participant Plan Transfers and Account Consolidation for the Advancement of Lifetime Plan Participation” (November 2016)
- “Model Notices and Plan Sponsor Education on Lifetime Plan Participation” (November 2015)
- “Model Notices and Disclosures for Pension Risk Transfers” (November 2015)
- “Issues and Considerations Surrounding Facilitating Lifetime Plan Participation”(November 2014)
- “Outsourcing Employee Benefit Plan Services” (November 2014)
CRI Policy Reports
- Multiple Employer Plans: An Overview of Legal, Regulatory and Plan Design Considerations for States. Click here to learn more about how ERISA and other laws apply to MEPs.
- Review of Potential Public Retirement Plan Options for Private Sector Employees/Employers in the State of Vermont. Click here to learn more about how ERISA and other laws apply to retirement plan design options.
- State Initiatives to Expand the Availability and Effectiveness of Private Sector Retirement Plans: How Federal Laws Apply to Plan Design Options. Click here to learn more.