[Federal Register Volume 63, Number 225 (Monday, November 23, 1998)]
[Proposed Rules]
[Page 64667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31191]


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

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 regulations, 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 am to approximately 5:00 pm on 
each day on Wednesday, December 16 and Thursday, December 17, 1998.

ADDRESSES: This Committee meeting will be held at the offices of the 
Federal Mediation and Conciliation Service (FMCS), 2100 K Street, NW, 
Room 200, Washington, DC 20427. 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 (202) 219-
4600; fax (202) 219-7346), 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 (202) 219-4600; fax (202) 219-7346). 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 the ERISA 
3(40) Negotiated Rulemaking Advisory Committee, and sent to the Public 
Documents Room, Pension and Welfare Benefits Administration, U.S. 
Department of Labor, Room N-5638, 200 Constitution Avenue, NW, 
Washington, DC, Telephone (202) 219-8771. This is not a toll-free 
number.

Agenda

    The Committee will first adopt the minutes of the previous meeting. 
The Committee will then discuss the key issues that the Committee 
members believe should be addressed by any guidance that the Committee 
may develop to implement section 3(40) of ERISA. The issues addressed 
in these negotiations pertain to how the Department should develop a 
proposed rule that would facilitate determinations by the Department, 
employee benefit plans, and state insurance regulatory agencies as to 
whether a particular agreement is a collective bargaining agreement, 
and whether a plan is established or maintained under or pursuant to 
one or more collective bargaining agreements. 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 
December 11, 1998 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 (202) 219-4600, x153. 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 below. Papers 
will be accepted and included in the record of the meeting if received 
on or before December 11, 1998.

    Signed at Washington, DC, this 17th day of November, 1998.
Meredith Miller,
Deputy Assistant Secretary for Policy, Pension and Welfare Benefits 
Administration.
[FR Doc. 98-31191 Filed 11-20-98; 8:45 am]
BILLING CODE 4510-29-P