Employee Benefits Security Administration 2018 – Federal Register Recent Federal Regulation Documents

Proposed Exemptions From Certain Prohibited Transaction Restrictions
Document Number: 2018-28091
Type: Notice
Date: 2018-12-28
Agency: Employee Benefits Security Administration, Department of Labor
This document contains notices of pendency before the Department of Labor (the Department) of proposed exemptions from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) and/or the Internal Revenue Code of 1986 (the Code). If granted, these proposed exemptions allow designated parties to engage in transactions that would otherwise be prohibited provided the conditions stated there in are met. This notice includes the following proposed exemptions: D- 11924, The Les Schwab Tire Centers of Washington, Inc., the Les Schwab Tire Centers of Boise, Inc., and the Les Schwab Tire Centers of Portland, Inc.; D-11918, Seventy Seven Energy Inc. Retirement & Savings Plan; D-11940, Tidewater Savings and Retirement Plan; and D-11947, Principal Life Insurance Company (PLIC) and its Affiliates.
Exemptions from Certain Prohibited Transaction Restrictions
Document Number: 2018-28092
Type: Notice
Date: 2018-12-27
Agency: Employee Benefits Security Administration, Department of Labor
This document contains exemptions issued by the Department of Labor (the Department) from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) and/or the Internal Revenue Code of 1986 (the Code). This notice includes the following: 2018-08, Liberty Media 401(k) Savings Plan, D-11890; and 2018-09, CLS Investments, LLC and Affiliates, D-11931.
Advisory Council on Employee Welfare and Pension Benefit Plans; Notice of Charter Renewal
Document Number: 2018-26261
Type: Notice
Date: 2018-12-04
Agency: Employee Benefits Security Administration, Department of Labor
Moral Exemptions and Accommodations for Coverage of Certain Preventive Services Under the Affordable Care Act
Document Number: 2018-24514
Type: Rule
Date: 2018-11-15
Agency: Employee Benefits Security Administration, Department of Labor, Department of Health and Human Services, Internal Revenue Service, Department of Treasury, Department of the Treasury
These rules finalize, with changes based on public comments, the interim final rules issued in the Federal Register on October 13, 2017 concerning moral exemptions and accommodations regarding coverage of certain preventive services. These rules finalize expanded exemptions to protect moral beliefs for certain entities and individuals whose health plans are subject to a mandate of contraceptive coverage through guidance issued pursuant to the Patient Protection and Affordable Care Act. These rules do not alter the discretion of the Health Resources and Services Administration, a component of the U.S. Department of Health and Human Services, to maintain the guidelines requiring contraceptive coverage where no regulatorily recognized objection exists. These rules also leave in place an optional ``accommodation'' process for certain exempt entities that wish to use it voluntarily. These rules do not alter multiple other federal programs that provide free or subsidized contraceptives for women at risk of unintended pregnancy.
Religious Exemptions and Accommodations for Coverage of Certain Preventive Services Under the Affordable Care Act
Document Number: 2018-24512
Type: Rule
Date: 2018-11-15
Agency: Employee Benefits Security Administration, Department of Labor, Department of Health and Human Services, Internal Revenue Service, Department of Treasury, Department of the Treasury
These rules finalize, with changes based on public comments, interim final rules concerning religious exemptions and accommodations regarding coverage of certain preventive services issued in the Federal Register on October 13, 2017. These rules expand exemptions to protect religious beliefs for certain entities and individuals whose health plans are subject to a mandate of contraceptive coverage through guidance issued pursuant to the Patient Protection and Affordable Care Act. These rules do not alter the discretion of the Health Resources and Services Administration, a component of the U.S. Department of Health and Human Services, to maintain the guidelines requiring contraceptive coverage where no regulatorily recognized objection exists. These rules also leave in place an ``accommodation'' process as an optional process for certain exempt entities that wish to use it voluntarily. These rules do not alter multiple other federal programs that provide free or subsidized contraceptives for women at risk of unintended pregnancy.
Notice of Proposed Exemption Involving Retirement Clearinghouse, LLC (RCH or the Applicant)-Located in Charlotte, North Carolina
Document Number: 2018-24377
Type: Notice
Date: 2018-11-07
Agency: Employee Benefits Security Administration, Department of Labor
This document gives notice of a proposed individual exemption from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) and/or the Internal Revenue Code of 1986 (the Code).
Health Reimbursement Arrangements and Other Account-Based Group Health Plans
Document Number: 2018-23183
Type: Proposed Rule
Date: 2018-10-29
Agency: Employee Benefits Security Administration, Department of Labor, Department of Health and Human Services, Internal Revenue Service, Department of Treasury, Department of the Treasury
This document sets forth proposed rules to expand opportunities for working men and women and their families to access affordable, quality healthcare through proposed changes to regulations under various provisions of the Public Health Service Act (PHS Act), the Employee Retirement Income Security Act (ERISA), and the Internal Revenue Code (Code) regarding health reimbursement arrangements (HRAs) and other account-based group health plans. (For simplicity, this preamble generally refers only to HRAs, but references to HRAs should also be considered to include other account-based group health plans, unless indicated otherwise.) Specifically, these proposed rules allow integrating HRAs with individual health insurance coverage, if certain conditions are met. The proposed rules also set forth conditions under which certain HRAs would be recognized as limited excepted benefits. Also, the Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) propose rules regarding premium tax credit (PTC) eligibility for individuals offered coverage under an HRA integrated with individual health insurance coverage. In addition, the Department of Labor (DOL) proposes a clarification to provide plan sponsors with assurance that the individual health insurance coverage the premiums of which are reimbursed by an HRA or a qualified small employer health reimbursement arrangement (QSEHRA) does not become part of an ERISA plan, provided certain conditions are met. Finally, the Department of Health and Human Services (HHS) proposes rules that would provide a special enrollment period in the individual market for individuals who gain access to an HRA integrated with individual health insurance coverage or who are provided a QSEHRA. The goal of these proposed rules is to expand the flexibility and use of HRAs to provide more Americans with additional options to obtain quality, affordable healthcare. The proposed rules would affect employees and their family members; employers, employee organizations, and other plan sponsors; group health plans; health insurance issuers; and purchasers of individual health insurance coverage.
Proposed Extension of Information Collection Requests for Public Comment
Document Number: 2018-23079
Type: Notice
Date: 2018-10-23
Agency: Employee Benefits Security Administration, Department of Labor
The Department of Labor (the Department), in accordance with the Paperwork Reduction Act of 1995, provides the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. The Employee Benefits Security Administration (EBSA) is soliciting comments on the proposed extension of the information collection requests (ICRs) contained in the documents described below. A copy of the ICRs may be obtained by contacting the office listed in the ADDRESSES section of this notice. ICRs also are available at reginfo.gov (http://www.reginfo.gov/public/do/PRAMain).
Definition of “Employer” Under Section 3(5) of ERISA-Association Retirement Plans and Other Multiple-Employer Plans
Document Number: 2018-23065
Type: Proposed Rule
Date: 2018-10-23
Agency: Employee Benefits Security Administration, Department of Labor
The Department of Labor proposes a regulation under title 29 of the Code of Federal Regulations to expand access to affordable quality retirement saving options by clarifying the circumstances under which an employer group or association or a professional employer organization (PEO) may sponsor a workplace retirement plan. In particular, the proposed regulation clarifies that employer groups or associations and PEOs can, when satisfying certain criteria, constitute ``employers'' within the meaning of section 3(5) of ERISA for purposes of establishing or maintaining an individual account ``employee pension benefit plan'' within the meaning of ERISA section 3(2). As an ``employer,'' a group or association can sponsor a defined contribution retirement plan for its members, as can a PEO sponsor a plan for client employers (collectively referred to as ``MEPs'' unless otherwise specified). The proposed regulation would allow different businesses to join a MEP, either through a group or association or through a PEO. The proposal would also permit certain working owners without employees to participate in a MEP sponsored by a group or association. The proposal would primarily affect groups or associations of employers, PEOs, plan participants, and plan beneficiaries. The proposal would not affect whether groups, associations, or PEOs assume joint-employment relationships with member-employers or client employers. But the proposal may affect banks, insurance companies, securities broker- dealers, record keepers, and other commercial enterprises that provide retirement-plan products and services.
Notice of 194th Meeting of the Advisory Council on Employee Welfare and Pension Benefit Plans
Document Number: 2018-21663
Type: Notice
Date: 2018-10-04
Agency: Employee Benefits Security Administration, Department of Labor
193rd Meeting of the Advisory Council on Employee Welfare and Pension Benefit Plans: Notice of Teleconference Meeting
Document Number: 2018-19252
Type: Notice
Date: 2018-09-05
Agency: Employee Benefits Security Administration, Department of Labor
Short-Term, Limited-Duration Insurance
Document Number: 2018-16568
Type: Rule
Date: 2018-08-03
Agency: Employee Benefits Security Administration, Department of Labor, Department of Health and Human Services, Internal Revenue Service, Department of Treasury, Department of the Treasury
This final rule amends the definition of short-term, limited- duration insurance for purposes of its exclusion from the definition of individual health insurance coverage. This action is being taken to lengthen the maximum duration of short-term, limited-duration insurance, which will provide more affordable consumer choices for health coverage.
Advisory Council on Employee Welfare and Pension Benefit Plans; Nominations for Vacancies
Document Number: 2018-16571
Type: Notice
Date: 2018-08-02
Agency: Employee Benefits Security Administration, Department of Labor
192nd Meeting of the Advisory Council on Employee Welfare and Pension Benefit Plans; Notice of Meeting
Document Number: 2018-15207
Type: Notice
Date: 2018-07-17
Agency: Employee Benefits Security Administration, Department of Labor
Definition of “Employer” Under Section 3(5) of ERISA-Association Health Plans
Document Number: 2018-12992
Type: Rule
Date: 2018-06-21
Agency: Employee Benefits Security Administration, Department of Labor
This document contains a final regulation under Title I of the Employee Retirement Income Security Act (ERISA) that establishes additional criteria under ERISA section 3(5) for determining when employers may join together in a group or association of employers that will be 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. By establishing a more flexible ``commonality of interest'' test for the employer members than the Department of Labor (DOL or Department) had adopted in sub- regulatory interpretive rulings under ERISA section 3(5), and otherwise removing undue restrictions on the establishment and maintenance of Association Health Plans (AHPs) under ERISA, the regulation facilitates the adoption and administration of AHPs and expands access to affordable health coverage, especially for employees of small employers and certain self-employed individuals. At the same time, the regulation continues to distinguish employment-based plans, the focal point of Title I of ERISA, from commercial insurance programs and other service provider arrangements. The final rule also sets out the criteria that would permit, solely for purposes of Title I of ERISA, certain working owners of an incorporated or unincorporated trade or business, including partners in a partnership, without any common law employees, to qualify as employers for purposes of participating in a bona fide group or association of employers sponsoring an AHP and also to be treated as employees with respect to a trade, business or partnership for purposes of being covered by the AHP. The regulation would affect AHPs, bona fide groups or associations of employers sponsoring such plans, participants and beneficiaries with health coverage under an AHP, health insurance issuers, and purchasers of health insurance not purchased through AHPs.
Notice of Exemption Involving BNP Paribas S.A. (BNP Paribas) and Its Current and Future Affiliates, and Certain Related Entities (Collectively, the Applicant), Located in Paris, France
Document Number: 2018-11473
Type: Notice
Date: 2018-05-30
Agency: Employee Benefits Security Administration, Department of Labor
This document contains a notice of exemption issued by the Department of Labor (the Department) from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) and/or the Internal Revenue Code of 1986 (the Code). The exemption affects the ability of certain entities with specified relationships to BNP Paribas to continue to rely upon relief provided by Prohibited Transaction Exemption 84-14.
191st Meeting of the Advisory Council on Employee Welfare and Pension Benefit Plans; Notice of Meeting
Document Number: 2018-11432
Type: Notice
Date: 2018-05-29
Agency: Employee Benefits Security Administration, Department of Labor
Clarification of Final Rules for Grandfathered Plans, Preexisting Condition Exclusions, Lifetime and Annual Limits, Rescissions, Dependent Coverage, Appeals, and Patient Protections Under the Affordable Care Act
Document Number: 2018-09369
Type: Rule
Date: 2018-05-03
Agency: Employee Benefits Security Administration, Department of Labor, Department of Health and Human Services, Internal Revenue Service, Department of Treasury, Department of the Treasury
On November 18, 2015, the Departments of Labor, Health and Human Services, and the Treasury (the Departments) published a final rule in the Federal Register titled ``Final Rules for Grandfathered Plans, Preexisting Condition Exclusions, Lifetime and Annual Limits, Rescissions, Dependent Coverage, Appeals, and Patient Protections Under the Affordable Care Act'' (the November 2015 final rule), regarding, in part, the coverage of emergency services by non-grandfathered group health plans and health insurance issuers offering non-grandfathered group or individual health insurance coverage, including the requirement that non-grandfathered group health plans and health insurance issuers offering non-grandfathered group or individual health insurance coverage limit cost-sharing for out-of-network emergency services and, as part of that rule, pay at least a minimum amount for out-of-network emergency services. The American College of Emergency Physicians (ACEP) filed a complaint in the United States District Court for the District of Columbia, which on August 31, 2017 granted in part and denied in part without prejudice ACEP's motion for summary judgment and remanded the case to the Departments to respond to the public comments from ACEP and others. In response, the Departments are issuing this notice of clarification to provide a more thorough explanation of the Departments' decision not to adopt recommendations made by ACEP and certain other commenters in the November 2015 final rule.
Proposed Extension of Information Collection Requests Submitted for Public Comment
Document Number: 2018-07459
Type: Notice
Date: 2018-04-11
Agency: Employee Benefits Security Administration, Department of Labor
The Department of Labor (the Department), in accordance with the Paperwork Reduction Act of 1995 (PRA 95) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. The Employee Benefits Security Administration (EBSA) is soliciting comments on the proposed extension of the information collection requests (ICRs) contained in the documents described below. A copy of the ICRs may be obtained by contacting the office listed in the ADDRESSES section of this notice. ICRs also are available at reginfo.gov (http:// www.reginfo.gov/public/do/PRAMain).
Proposed Exemptions From Certain Prohibited Transaction Restrictions
Document Number: 2018-06849
Type: Notice
Date: 2018-04-04
Agency: Employee Benefits Security Administration, Department of Labor
This document contains notices of pendency before the Department of Labor (the Department) of proposed exemptions from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) and/or the Internal Revenue Code of 1986 (the Code). If granted, these proposed exemptions allow designated parties to engage in transactions that would otherwise be prohibited provided the conditions stated there in are met. This notice includes the following proposed exemptions: D- 11890, Liberty Media 401(k) Savings Plan; D-11931, CLS Investments, LLC and Affiliates.
Exemptions From Certain Prohibited Transaction Restrictions
Document Number: 2018-06755
Type: Notice
Date: 2018-04-03
Agency: Employee Benefits Security Administration, Department of Labor
This document contains exemptions issued by the Department of Labor (the Department) from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) and/or the Internal Revenue Code of 1986 (the Code). This notice includes the following: 2018-01, Health Management Associates, Inc. Retirement Savings Plan and The Mooresville Retirement Savings Plan, D-11929 and D-11930; 2018-02, Liberty Mutual Insurance Company, D-11869; 2018-03, Russell Investment Management, LLC (RIM), Russell Investments Capital, LLC (RiCap), and Their Affiliates, D- 11916; 2018-04, Toledo Electrical Joint Apprenticeship & Training Fund, D-11867; 2018-05, EXCO Resources, Inc. 401(k) Plan, D-11821; 2018-06, The Grossberg, Yochelson, Fox & Beyda LLP Profit Sharing Plan, D-11895.
Proposed Exemption From Certain Prohibited Transaction Restrictions
Document Number: 2018-05867
Type: Notice
Date: 2018-03-22
Agency: Employee Benefits Security Administration, Department of Labor
This document contains notice of pendency before the Department of Labor (the Department) of a proposed individual exemption from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) and/or the Internal Revenue Code of 1986 (the Code). If this proposed one-year temporary exemption is granted, certain entities with specified relationships to BNP Paribas will not be precluded from relying on the exemptive relief provided by Prohibited Transaction Class Exemption 84- 14.
190th Meeting of the Advisory Council on Employee Welfare and Pension Benefit Plans; Notice of Meeting
Document Number: 2018-04072
Type: Notice
Date: 2018-02-28
Agency: Employee Benefits Security Administration, Department of Labor
Agency Information Collection Activities; Announcement of OMB Approvals
Document Number: 2018-03165
Type: Notice
Date: 2018-02-27
Agency: Employee Benefits Security Administration, Department of Labor
The Employee Benefits Security Administration (EBSA) announces that the Office of Management and Budget (OMB) has approved certain collections of information, listed in the Supplementary Information section below, following EBSA's submission of requests for such approvals under the Paperwork Reduction Act of 1995 (PRA). This notice describes the approved or re-approved information collections and provides their OMB control numbers and current expiration dates.
Short-Term, Limited-Duration Insurance
Document Number: 2018-03208
Type: Proposed Rule
Date: 2018-02-21
Agency: Employee Benefits Security Administration, Department of Labor, Department of Health and Human Services, Internal Revenue Service, Department of Treasury, Department of the Treasury
This rule contains proposals amending the definition of short- term, limited-duration insurance for purposes of its exclusion from the definition of individual health insurance coverage. This action is being taken to lengthen the maximum period of short-term, limited- duration insurance, which will provide more affordable consumer choice for health coverage.
Technical Corrections to Exemptions From Certain Prohibited Transaction Restrictions
Document Number: 2018-03396
Type: Notice
Date: 2018-02-20
Agency: Employee Benefits Security Administration, Department of Labor
On December 29, 2017 the Department of Labor (the Department) published notices of exemptions in the Federal Register granting relief from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) and/or the Internal Revenue Code of 1986 (the Code). This notice includes technical corrections to those published prohibited transaction exemptions (PTEs): PTE 2017-03, JPMorgan Chase & Co., D-11906; PTE 2017-04, Deutsche Investment Management Americas Inc. (DIMA) and Certain Current and Future Asset Management Affiliates of Deutsche Bank AG, D-11908; PTE 2017-05, Citigroup Inc., D-11909; PTE 2017-06, Barclays Capital Inc., D-11910; PTE 2017-07, UBS Assets Management (Americas) Inc.; UBS Realty Investors LLC; UBS Hedge Fund Solutions LLC; UBS O'Connor LLC; and Certain Future Affiliates in UBS's Asset Management and Wealth Management Americas Divisions, D-11907.
Definition of “Employer” Under Section 3(5) of ERISA-Association Health Plans
Document Number: 2017-28103
Type: Proposed Rule
Date: 2018-01-05
Agency: Employee Benefits Security Administration, Department of Labor
This document contains a 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. By treating the association itself as the employer sponsor of a single plan, the regulation would facilitate the adoption and administration of such arrangements. The regulation 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 (DOL or Department) had adopted in sub- regulatory interpretive rulings under ERISA section 3(5). At the same time, the regulation 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. For purposes of Title I of ERISA, the proposal would also permit working owners of an incorporated or unincorporated trade or business, including partners in a partnership, to elect to act as employers for purposes of participating in an employer group or association sponsoring a health plan and also to be treated as employees with respect to a trade, business or partnership for purposes of being covered by the employer group's or association's health plan. The goal of the rulemaking is to expand access to affordable health coverage, especially among small employers and self-employed individuals, by removing undue restrictions on the establishment and maintenance of association health plans under ERISA. The proposed regulation would affect such association health plans, health coverage under these health plans, groups and associations of employers sponsoring such plans, participants and beneficiaries with health coverage under these plans, health insurance issuers, and purchasers of health insurance not purchased through association health plans.