Labor Department Proposed Rule

2019-16072: "Open MEPs" and Other Issues Under Section 3(5) of the Employee Retirement Income Security Act

Comment Period Closed

Public comment closed .

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Summary

This document is a request for information regarding the definition of "employer" in section 3(5) of the Employee Retirement Income Security Act of 1974, as amended (ERISA). The document mainly seeks comments on whether to amend our regulations to facilitate the sponsorship of "open MEPs" by persons acting indirectly in the interests of unrelated employers whose employees would receive benefits under such arrangements. The term "open MEP" in this document refers to a single defined contribution retirement plan that covers employees of multiple unrelated employers. The information received in response to the questions in this document may form the basis of future rulemaking under ERISA. This request for information was triggered in part by public comments received on a related rulemaking action under section 3(5) of ERISA, with respect to which a final rule is being published elsewhere in this issue of this Federal Register. This document also solicits information on other issues raised by these commenters, but which were considered beyond the scope of that final rule.

The agency’s own summary, as published.

What this changes

Amends 1 part of the Code of Federal Regulations — the standing rules this notice rewrites.

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