EBSA Final Rule
National Medical Support Notice: Delay of Effective Date [01/26/2001]
[PDF Version]
Volume 66, Number 18, Page 8075-8076
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Part VII
Department of Labor
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Pension and Welfare Benefits Administration
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29 CFR Part 2590
National Medical Support; Delay of Effective Date; Final Rule
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DEPARTMENT OF LABOR
Pension and Welfare Benefits Administration
29 CFR Part 2590
RIN 1210-AA72
National Medical Support Notice: Delay of Effective Date
AGENCY: Pension and Welfare Benefits Administration, Department of
Labor.
ACTION: Final rule; Delay of effective date.
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SUMMARY: In accordance with the memorandum of January 20, 2001, from
the Assistant to the President and Chief of Staff, entitled
``Regulatory Review Plan,'' published in the Federal Register on
January 24, 2001, this action temporarily delays for 60 days the
effective date of the rule entitled National Medical Support Notice,
published in the Federal Register on December 27, 2000, 65 FR 82128.
That rule promulgates a notice to be issued by State Agencies as a
means to enforce health care coverage provisions in a child support
order and to be treated by administrators of group health plans as a
qualified medical child support order under section 609(a) of the
Employee Retirement Income Security Act (ERISA). To the extent that 5
U.S.C. section 553 applies to this action, it is exempt from notice and
comment because it constitutes a rule of procedure under 5 U.S.C.
section 553(b)(A). Alternatively, the Department's implementation of
this rule without opportunity for public comment, effective immediately
upon publication today in the Federal Register, is based on the good
cause exceptions in 5 U.S.C. section 553(b)(B) and 553(d)(3), in that
seeking public comment is impracticable, unnecessary and contrary to
the public interest. The temporary 60-day delay in effective date is
necessary to give Department officials the opportunity for further
review and consideration of new regulations, consistent with the
Assistant to the President's memorandum of January 20, 2001. Given the
imminence of the effective date, seeking prior public comment on this
temporary delay would have been impractical, as well as contrary to the
public interest in the orderly promulgation and implementation of
regulations. In addition, allowing the rule to become effective before
the temporary suspension could create confusion among State agencies,
employers and plan administrators regarding the qualified status of
child support orders issued before and during the suspension period.
DATES: The effective date of the National Medical Support Notice,
published in the Federal Register on December 27, 2000, at 65 FR 82128,
is delayed for 60 days, from January 26, 2001 to a new effective date
of March 27, 2001.
FOR FURTHER INFORMATION CONTACT: David Lurie or Susan Rees, Office of
Regulations and Interpretations, Pension and Welfare Benefits
Administration, 200 Constitution Avenue, NW, Room N-5669, Washington,
DC 20010, (202) 219-8671 (this is not a toll-free number).
Signed at Washington, DC, this January 25, 2001.
Alan D. Lebowitz,
Deputy Assistant Secretary for Program Operations, Pension and Welfare
Benefits Administration, Department of Labor.
[FR Doc. 01-2581 Filed 1-25-01; 1:43 pm]
BILLING CODE 4510-29-P
