EBSA (Formerly PWBA) Proposed Rule

Plans Established or Maintained Pursuant to Collective Bargaining Agreements Under Section 3(40)(A) of ERISA [06/08/1999]

Volume 64, Number 109, Page 30452-30453

=======================================================================
-----------------------------------------------------------------------

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 committee notice of meeting.

-----------------------------------------------------------------------

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 9:00 am to approximately 5:00 pm on 
each day on Wednesday, July 7, 1999, and Thursday, July 8, 1999.

ADDRESSES: This Committee meeting will be held at the offices of the 
Federal Mediation and Conciliation Service (FMCS), 2100 K Street, NW, 
Room 200, Washington, DC 20427. 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. Ellen Goodwin, 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 be announced in advance in 
the Federal Register.

FOR FURTHER INFORMATION CONTACT: Ellen Goodwin, 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 Ellen 
Goodwin, 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. 1002(40)). 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, June 29, 1999, to Ellen Goodwin, Office of the Solicitor, Plan 
Benefits Security Division, U.S. Department of Labor,

[[Page 30453]]

Room N-4611, 200 Constitution Avenue, NW, Washington, DC 20210. 
Individuals or representatives wishing to address the Committee should 
forward their request to Ms. Goodwin 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. Goodwin at the address above. Papers 
will be accepted and included in the record of the meeting if received 
on or before June 29, 1999.

    Signed at Washington, DC, this 1st day of June, 1999.
Richard McGahey,
Assistant Secretary, Pension and Welfare Benefits Administration.
[FR Doc. 99-14466 Filed 6-7-99; 8:45 am]
BILLING CODE 4510-29-M