DOL issues advisory opinions concerning preemption, investment directions and MEWAs

Article Abstract:

Advisory opinion letters issued by the US Department of Labor in February and March 1996 focused on preemption of state laws under the Employee Retirement Income Security Act (ERISA), 401(k) plan investments and multiple employer welfare arrangements. Laws in Puerto Rico, California and Connecticut were found to be preempted by ERISA, but Minnesota insurance laws were not preempted. A health benefits plan was found to be a multiple employer welfare arrangement not subject to ERISA despite the fact that the plan had both separate reinsurance accounts and a joint custodial account.

Employee benefits, Puerto Rico, Exclusive and concurrent legislative powers, Preemption (Legislative power), states

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Archer introduces medical savings account legislation

Article Abstract:

The Family Medical Savings and Investment Act of 1995, a bill introduced in the US House of Representatives, would provide individuals with tax-free means of saving for medical expenses not otherwise covered by their health plan. Such expenses might arise for persons with catastrophic health care plans that have deductibles of $1,800 or greater. The savings accounts would be structured like a trust with funds being used for no other purpose. Under the bill, employer-provided medical coverage and employer contributions to a medical savings account would be excluded from income.

Taxation, Medical care, Cost of, Health care costs

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DOL seeks input on need for regulation clarifying COBRA notice rules

Article Abstract:

The US Dept of Labor issued a formal request for information regarding notice requirements for employer compliance with the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). Litigation concerning notice, complaints by individuals, and COBRA amendments have created a need for formal notice guidance according to the Labor Dept. Initial, qualifying event, election right, and social security disability notice are the major categories of information requested to be received before Nov 24, 1997.

Notice (Law)

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