7/31/2023 0 Comments Lookthrough issues erisa![]() ![]() Chamber of Commerce (the “Chamber”) submits these comments to the Department of Labor in response to the proposed regulation under Title I of the Employee Retirement Income Security Act (ERISA) that would broaden the criteria under ERISA section 3(5) for determining when employers may join together in an employer group or association that is treated as the “employer” sponsor of a single multiple-employer “employee welfare benefit plan” and “group health plan” as those terms are defined in Title I of ERISA (“Proposed Rule”). RE: Definition of “Employer” Under Section 3(5) of ERISA – Association Health Plans ![]() ![]() Office of Regulations and InterpretationsĮmployee Benefits Security Administration Submitted Electronically Via Federal Rulemaking Portal:Īttention: Definition of Employer – Small Business Health Plans At the same time, the Proposed Rule would continue to distinguish employment-based plans, the focal point of Title I of ERISA, from mere commercial insurance programs and administrative service arrangements marketed to employers. This Proposed Rule would modify the definition of “employer,” in part, by creating a more flexible commonality of interest test for the employer members than the Department of Labor had adopted in subregulatory interpretive rulings under ERISA section 3(5). Chamber of Commerce submitted comments to the Department of Labor in response to the proposed rule under Title I of the Employee Retirement Income Security Act (ERISA) that would broaden the criteria under ERISA section 3(5) for determining when employers may join together in an employer group or association that is treated as the “employer” sponsor of a single multiple-employer “employee welfare benefit plan” and “group health plan” as those terms are defined in Title I of ERISA (“Proposed Rule”). ![]()
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