99-27907. Plans Established or Maintained Pursuant to Collective Bargaining Agreements Under Section 3(40)(A) of ERISA

[Federal Register Volume 64, Number 206 (Tuesday, October 26, 1999)]
[Proposed Rules]
[Pages 57611-57612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27907]


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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: Negotiated Rulemaking Committee 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 (ERISA), as amended. 
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

[[Page 57612]]

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, November 16th and Wednesday, November 
17th, 1999.

ADDRESSES: This Committee meeting will be held at the offices of the 
U.S. Department of Labor, Room C-5515, Conference Room #4, 200 
Constitution Avenue, NW, Washington, DC. 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 who need special accommodations should 
contact, at least 4 business days in advance of the meeting, Ellen 
Goodwin, 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]). 
The date, location and time for subsequent Committee meetings will be 
announced in advance in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Ellen Goodwin, 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 4:30 p.m. 
Any written comments on these minutes should be directed to Ellen 
Goodwin, 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 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, (29 U.S.C. 1002(40)). The agenda for the 
November meeting includes discussion of a possible consensus 
recommendation for a proposed rule and of the contents of a report to 
the Secretary of Labor under the Negotiated Rulemaking Act.
    Members of the public may file a written statement pertaining to 
the subject of this meeting by submitting 15 copies on or before 
Tuesday, November 9, 1999, to Ellen Goodwin, 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. Goodwin 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. Goodwin at the address above. Papers 
will be accepted and included in the record of the meeting if received 
on or before November 9, 1999.

    Signed at Washington, DC, this 20th day of October, 1999.
Richard McGahey,
Assistant Secretary, Pension and Welfare Benefits Administration.
[FR Doc. 99-27907 Filed 10-25-99; 8:45 am]
BILLING CODE 4510-29-P