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

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.

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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, 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 (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 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.

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 (202) 219-4600. 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]

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