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Secretary of Labor Thomas E. Perez

DOL/EBSA

RIN: 1210-AB48

Publication ID: Fall 2010

Title: Ex Parte Cease and Desist and Summary Seizure Orders Under ERISA Section 521

Abstract: ERISA section 521, enacted under sec. 6605 of the Affordable Care Act (Pub. L. 111-148, 124 Stat. 780), authorizes the Secretary of Labor to issue a cease and desist order if it appears that a multiple employer welfare arrangement (MEWA) is fraudulent, creates an immediate danger to public safety or welfare, or can be reasonably expected to cause significant, imminent, and irreparable public injury. This section also authorizes the Secretary to issue a summary seizure order if it appears that a MEWA is in a financially hazardous condition. Regulatory guidance will provide standards for the issuance of such orders.

Agency: Department of Labor(DOL)

Priority: Other Significant

RIN Status: First time published in the Unified Agenda

Agenda Stage of Rulemaking: Proposed Rule Stage

Major: No

Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations.)

Legal Authority: 29 USC 1151; 29 USC 1135

Legal Deadline: None

Timetable:

Action

Date

FR Cite

NPRM

07/00/2011

 

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Small Entities Affected: Businesses, Organizations

Federalism: No

Included in the Regulatory Plan: No

RIN Data Printed in the FR: No

Agency Contact:
Stephanie Lewis
Attorney
Department of Labor
Employee Benefits Security Administration
200 Constitution Avenue NW., FP Bldg, Rm N-411,
Washington, DC 20210
Phone:202 693-5588