EBSA Proposed Rule
Plans Established or Maintained Pursuant to Collective Bargaining Agreements Under Section 3(40)(A) of ERISA [10/26/1999]
[PDF Version]
Volume 64, Number 206, Page 57611-57612
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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 Committee notice of 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
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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 a.m. to approximately 5:00
p.m. on each day on Tuesday, November 16th and Wednesday, November
17th, 1999.
ADDRESSES: This Committee meeting will be held at the offices of the
U.S. Department of Labor, Room C-5515, Conference Room #4, 200
Constitution Avenue, NW, Washington, DC. 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)). The agenda for the
November meeting includes discussion of a possible consensus
recommendation for a proposed rule and of the contents of a report to
the Secretary of Labor under the Negotiated Rulemaking Act.
Members of the public may file a written statement pertaining to
the subject of this meeting by submitting 15 copies on or before
Tuesday, November 9, 1999, 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. 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 November 9, 1999.
Signed at Washington, DC, this 20th day of October, 1999.
Richard McGahey,
Assistant Secretary, Pension and Welfare Benefits Administration.
[FR Doc. 99-27907 Filed 10-25-99; 8:45 am]
BILLING CODE 4510-29-P
