Plans Established or Maintained Pursuant to Collective Bargaining
Agreements Under Section 3(40)(A) of ERISA [11/23/1998]
Volume 63, Number 225, Page
64667=======================================================================
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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: 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, as amended, 29 U.S.C.
1001-1461 (ERISA). 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 regulations, 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, December 16 and Thursday, December 17, 1998.
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 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), if special accommodations are needed. The
date, location and time for subsequent Committee meetings will 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 5:30 p.m.
Any written comments on these minutes should be directed to the ERISA
3(40) Negotiated Rulemaking Advisory Committee, and sent to the Public
Documents Room, Pension and Welfare Benefits Administration, U.S.
Department of Labor, Room N-5638, 200 Constitution Avenue, NW,
Washington, DC, Telephone (202) 219-8771. This is not a toll-free
number.
Agenda
The Committee will first adopt the minutes of the previous meeting.
The Committee will then discuss the key issues that the Committee
members believe should be addressed by any guidance that the Committee
may develop to implement section 3(40) of ERISA. The issues addressed
in these negotiations pertain to how the Department should develop a
proposed rule that would facilitate determinations by the Department,
employee benefit plans, and state insurance regulatory agencies as to
whether a particular agreement is a collective bargaining agreement,
and whether a plan is established or maintained under or pursuant to
one or more collective bargaining agreements. 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
December 11, 1998 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, x153. 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 below. Papers
will be accepted and included in the record of the meeting if received
on or before December 11, 1998.
Signed at Washington, DC, this 17th day of November, 1998.
Meredith Miller,
Deputy Assistant Secretary for Policy, Pension and Welfare Benefits
Administration.
[FR Doc. 98-31191 Filed 11-20-98; 8:45 am]
BILLING CODE 4510-29-P
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