Plans Established or Maintained Pursuant to Collective Bargaining
Agreements Under Section 3(40)(A) of ERISA [03/30/1999]
Volume 64, Number 60, Page
15143-15144=======================================================================
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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: Negotiated rulemaking advisory committee meeting.
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SUMMARY: The Department of Labor's (Department) ERISA Section 3(40)
Negotiated Rulemaking Advisory Committee (Committee) was established
under the Negotiated Rulemaking Act of 1990 and the Federal Advisory
Committee Act (the FACA) to develop a proposed rule implementing the
Employee Retirement Income Security Act of 1974 (ERISA), as amended.
The purpose of the proposed rule is to 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 rule will also provide guidance for determining when an
employee benefit plan is established or maintained under or pursuant to
such an agreement. Employee 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 laws, unless they meet one of the exceptions set forth in
section 3(40)(A). At issue in this regulation is the exception for
plans or arrangements that are established or maintained under one or
more agreements which the Secretary finds to be collective bargaining
agreements. It is the view of the Department that it is necessary to
distinguish organizations that provide benefits through collectively
bargained employee representation from organizations that are primarily
in the business of marketing commercial insurance products.
DATES: The Committee will meet from 8:30 am to approximately 5:00 pm on
each day on Tuesday, April 20 and Wednesday, April 21, 1999.
ADDRESSES: This Committee meeting will be held in Conference Room N-
4437 C/D, at the offices of the U.S. Department of Labor, 200
Constitution Avenue, NW, Washington, DC, 20210. 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 who need special accommodations should
contact, at least 4 business days in advance of the meeting, Patricia
Arzuaga, 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) 219-4600; fax (202) 219-7346).
The date, location and time for subsequent Committee meetings will
[[Page 15144]]
be announced in advance in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Patricia Arzuaga, 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) 219-4600; fax (202) 219-7346). This is not a toll-free
number.
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 Patricia
Arzuaga, 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) 219-4600; fax (202) 219-7346).
This is not a toll-free number.
Agenda
The Committee will continue to discuss the possible elements of a
process and potential 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 (29 U.S.C. 1001 et seq.). Discussion of these
issues is intended to help the Committee members define the scope of a
possible proposed rule.
Members of the public may file a written statement pertaining to
the subject of this meeting by submitting 15 copies on or before
Tuesday, April 13, 1999, to Patricia Arzuaga, 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 Ms. Arzuaga or telephone (202) 219-4600. During each day of
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. 15 copies of such
statements should be sent to Ms. Arzuaga at the address above. Papers
will be accepted and included in the record of the meeting if received
on or before April 13, 1999.
Signed at Washington, DC, this 22nd day of March, 1999.
Richard McGahey,
Assistant Secretary, Pension and Welfare Benefits Administration.
[FR Doc. 99-7709 Filed 3-29-99; 8:45 am]
BILLING CODE 4510-29-P
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