99-18170. Plans Established or Maintained Pursuant to Collective Bargaining Agreements Under Section 3(40)(A) of ERISA

[Federal Register Volume 64, Number 136 (Friday, July 16, 1999)]
[Proposed Rules]
[Pages 38390-38391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18170]


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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 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 to approximately 5 pm on each 
day on Wednesday, August 25, 1999, and Thursday, August 26, 1999.

ADDRESSES: This Committee meeting will be held at the offices of the US 
Department of Labor, Room N-3437, Conference Room C/D. 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 (202) 
219-7346). 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, US 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.

[[Page 38391]]

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)). 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 
Wednesday, August 18, 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 August 18, 1999.

    Signed at Washington, DC, this 12th day of July, 1999.
Richard McGahey,
Assistant Secretary, Pension and Welfare Benefits Administration.
[FR Doc. 99-18170 Filed 7-15-99; 8:45 am]
BILLING CODE 4510-29-P