Skip to page content
Secretary of Labor Thomas E. Perez


RIN: 1210-AB34

Publication ID: Fall 2010

Title: Definition of "Welfare Plan"

Abstract: Department of Labor regulation 29 CFR 2510.3-1 clarifies the definition of the terms "employee welfare benefit plan" and "welfare plan" for purposes of title I of the Employee Retirement Income Security Act of 1974 (ERISA) by identifying certain practices, which do not constitute employee welfare benefit plans. This rulemaking would amend that regulation to clarify the circumstances under which health care arrangements established or maintained by State or local governments for the benefit of nongovernmental employees do not constitute an employee welfare benefit plan for purposes of section 3(1) of ERISA and 29 CFR 2510.3-1. A draft proposed regulation was submitted to OMB for review before the enactment of the Patient Protection Affordable Care Act. The Department decided to review whether and to what extent further regulation in this area is necessary or appropriate in light of this comprehensive health care reform legislation. The Department requested that OMB return the NPRM to the Department for further review and consideration.

Agency: Department of Labor(DOL)

Priority: Other Significant

RIN Status: Previously published in the Unified Agenda

Agenda Stage of Rulemaking: Completed Actions

Major: No

Unfunded Mandates: No

CFR Citation: 29 CFR 2510.3-1

Legal Authority: 29 USC 1135; ERISA sec 505

Legal Deadline: None




FR Cite




Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Federalism: No

Included in the Regulatory Plan: No

RIN Data Printed in the FR: No

Agency Contact:
Jeffrey J. Turner
Chief, Division of Regulations, Office of Regulations and Interpretations
Department of Labor
Employee Benefits Security Administration
N 5669, 200 Constitution Avenue NW., FP Building, Room N-5655,
Washington, DC 20210
Phone:202 693-8500