Plans Established or Maintained Pursuant to Collective Bargaining
Agreements Under Section 3(40)(A) of ERISA
[02/05/2002]
Volume 67, Number 24, Page 5245
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 5245]]
DEPARTMENT OF LABOR
Pension and Welfare Benefits Administration
29 CFR Part 2510
RIN 1210-AA48
Plans Established or Maintained Pursuant to Collective Bargaining
Agreements Under Section 3(40)(A) of ERISA
AGENCY: Pension and Welfare Benefits Administration, Department of
Labor.
ACTION: Notice of meeting.
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SUMMARY: On October 27, 2000, the Department of Labor (the Department)
published in the Federal Register two proposed rules implementing
section 3(40) of the Employee Retirement Income Security Act of 1974
(ERISA). See 65 FR 64482 (Oct. 27, 2000). Employee welfare benefit
plans that are established or maintained for the purpose of providing
benefits to the employees of more than one employer are ``multiple
employer welfare arrangements'' (MEWAs) under section 3(40) of ERISA
and therefore are subject to certain state regulations, unless they
meet one of the exceptions set forth in section 3(40)(A) of ERISA,
including an exception for plans or arrangements that are established
or maintained under or pursuant to one or more agreements which the
Secretary finds to be collective bargaining agreements. The proposed
rules would establish a process and criteria for a finding by the
Secretary of Labor that an agreement is a collective bargaining
agreement for purposes of section 3(40) of ERISA. The proposed rules
also would provide guidance for determining when an employee welfare
benefit plan is established or maintained under or pursuant to such an
agreement.
The proposed rules published by the Department were based on a
report prepared by the Department's ERISA Section 3(40) Negotiated
Rulemaking Advisory Committee (the Committee). The Committee was
established under the Negotiated Rulemaking Act of 1990 and the Federal
Advisory Committee Act (FACA) to develop a proposed rule implementing
section 3(40)(A) of ERISA. The Department has received seven public
comments on the proposed rules and has rechartered the Committee to
enable the Department to obtain advice from the Committee on the public
comments to the proposed rules.
The Department is convening this meeting of the Committee to
consider the public comments on the proposed rules preparatory to the
Department's development of final rules.
DATES: The Committee will meet from 9:30 a.m. to approximately 4:45
p.m. on Friday, March 1, 2002.
ADDRESSES: This Committee meeting will be held at the offices of the
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210, Conference Room 5, C5525 from 9:30 a.m. to 4:45 p.m. All
interested parties are invited to attend this public meeting. Seating
is limited and will be available on a first-come, first-serve basis.
Individuals with disabilities wishing to attend should contact, at
least 4 business days in advance of the meeting, Paul D. Mannina,
Office of the Solicitor, Plan Benefits Security Division, U.S.
Department of Labor, Room N-4611, 200 Constitution Avenue, NW.,
Washington, DC 20210 (telephone: 202-693-5627; fax: 202-693-5610), if
special accommodations are needed. The date, location and time for any
subsequent Committee meetings will be announced in advance in the
Federal Register.
FOR FURTHER INFORMATION CONTACT: Paul D. Mannina, Office of the
Solicitor, Plan Benefits Security Division, U.S. Department of Labor,
Room N-4611, 200 Constitution Avenue, NW., Washington, DC 20210
(telephone: 202-693-5627; fax: 202-693-5610). These are not toll-free
numbers.
SUPPLEMENTARY INFORMATION: Minutes of all public meetings and other
documents made available to the Committee will be available for public
inspection and copying in the public Documents Room, Pension and
Welfare Benefits Administration, U.S. Department of Labor, Room N-5638,
200 Constitution Avenue, NW., Washington, DC from 8:30 a.m. to 4:30
p.m. Any written comments on these minutes should be directed to the
ERISA 3(40) Negotiated Rulemaking Advisory Committee, and sent to Paul
D. Mannina, Office of the Solicitor, Plan Benefits Security Division,
U.S. Department of Labor, Room N-4611, 200 Constitution Avenue, NW.,
Washington, DC 20210 (telephone: 202-693-5627; fax: 202-693-5610).
These are not toll-free numbers.
Agenda
The Committee will discuss the public comments received by the
Department in response to the publication of the proposed rules.
Members of the public may file a written statement pertaining to
the subject of this meeting by submitting 15 copies on or before
Friday, February 22, 2002, to Paul D. Mannina, Office of the Solicitor,
Plan Benefits Security Division, U.S. Department of Labor, Room N-4611,
200 Constitution Avenue, NW., Washington, DC 20210. Individuals or
representatives wishing to address the Committee should forward their
request to Mr. Mannina or telephone him at 202-693-5627. During the
negotiation session, time permitting, there shall be time for oral
public comment. Members of the public are encouraged to keep oral
statements brief, but extended written statements may be submitted for
the record.
Organizations or individuals may also submit written statements for
the record without presenting an oral statement. Fifteen (15) copies of
such statements should be sent to Mr. Mannina at the above address.
Papers will be accepted and included in the record of the meeting if
received on or before Friday, February 22, 2002.
Signed at Washington, DC, this 29th day of January, 2002.
Ann L. Combs,
Assistant Secretary, Pension and Welfare Benefits Administration.
[FR Doc. 02-2641 Filed 2-4-02; 8:45 am]
BILLING CODE 4510-29-P
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