99-1464. Plans Established or Maintained Pursuant to Collective Bargaining Agreements Under Section 3(40)(A) of ERISA

[Federal Register Volume 64, Number 14 (Friday, January 22, 1999)]
[Proposed Rules]
[Page 3463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1464]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 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, February 9 and Wednesday, February 10, 
1999.

ADDRESSES: This Committee meeting will be held in Room S-4215, 
Conference Room A/B, at the offices of the U.S. Department of Labor, 
200 Consitution Avenue, NW, Washington, DC 20210. 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 [phone]; fax [phone]), 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 [phone]; fax [phone]). 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 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 [phone]; fax [phone]). 
This is not a toll-free number.

Agenda

    The Committee will first adopt the minutes of the previous meeting. 
The Committee will then 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. 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 
Tuesday, February 2, 1999 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 [phone]. 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 above. Papers 
will be accepted and included in the record of the meeting if received 
on or before February 2, 1999.

    Signed at Washington, DC, this 15th day of January, 1999.
Leslie Kramerich,
Deputy Assistant Secretary for Policy, Pension and Welfare Benefits 
Administration.
[FR Doc. 99-1464 Filed 1-21-99; 8:45 am]
BILLING CODE 4510-29-P