MEWAs - U.S. Department of Labor

MEWAs

Multiple Employer Welfare Arrangements under the Employee Retirement Income Security Act (ERISA): A Guide to Federal and State Regulation

U.S. Department of Labor Employee Benefits Security Administration

This publication has been developed by the U.S. Department of Labor, Employee Benefits Security Administration.

To view this and other EBSA publications, visit the agency's website at ebsa.

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This booklet constitutes a small entity compliance guide for purposes of the Small Business Regulatory Enforcement Fairness Act of 1996.

MEWAs

Multiple Employer Welfare Arrangements under the Employee Retirement Income Security Act (ERISA): A Guide to Federal and State Regulation

U.S. Department of Labor Employee Benefits Security Administration Revised April 2022

Table of Contents

Foreword

1

Introduction

3

Regulation of Multiple Employer Welfare Arrangements under

5

ERISA

What is an "employee welfare benefit plan"?

6

What is an "employer"?

7

What is an "employee organization"?

9

What types of plans are excluded from coverage under Title I of

10

ERISA?

What requirements apply to an employee welfare benefit plan

11

under Title I of ERISA?

To what extent does ERISA govern the activities of MEWAs that

15

are not "employee welfare benefit plans"?

Regulation of Multiple Employer Welfare Arrangements under

17

State Insurance Laws

What is the general scope of ERISA preemption?

17

What is a "multiple employer welfare arrangement"?

19

Does the arrangement offer or provide benefits to the employees

20

of two or more employers?

Is the arrangement excluded from the definition of "MEWA"?

25

To what extent may States regulate ERISA-covered welfare plans

28

that are MEWAs?

Form M-1 Filing Requirement for MEWAs

33

ERISA Advisory Opinions

37

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