The U.S. Department of Labor’s Employee Benefits Security Administration is proposing to rescind its regulation at 29 CFR 2510.3-5 that established alternative criteria for a group or association of employers to sponsor an association health plan (AHP) under the Employee Retirement Income Security Act (ERISA). The regulation’s alternative criteria were vacated in large part by a 2019 decision of the U.S. District Court for the District of Columbia in New York v. United States Department of Labor.

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