Multiple Employer Welfare Arrangements Enforcement Improvements Act of 1992 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise provisions relating to multiple employer welfare arrangements (MEWAs) and other employee welfare benefit plans.
Revises the definition of employee welfare benefit plan to: (1) allow up to five percent of the aggregate number of covered individuals to be individuals who are not employees or former employees of the employee, or members or former members of the employee organization which established or maintains the plan; and (2) include a plan, fund, or program established or maintained by a franchise network or by two or more trades or businesses that are within the same control group or were within it at any time during the preceding one-year period.
Amends the definition of MEWA to: (1) limit the exclusion of collective bargaining agreements, under specified conditions; (2) exclude franchise networks; (3) exclude insurers, or health maintenance organizations licensed to do business in a State; (4) exclude trades and businesses within the same control group at any time during the preceding one-year period (as well as those currently in the same group), by deeming them a single employer; and (5) provide that single plans shall not be deemed MEWAs solely because they cover individuals who are not employees or former employees, or their beneficiaries, if the number of such individuals never exceeds five percent of the aggregate covered during the plan year.
Makes ERISA title I (Protection of Employee Benefit Rights) applicable to any MEWA engaged in commerce or in any industry or activity affecting commerce, with specified exceptions.
Requires MEWAs which provide medical care benefits to file annual registration statements with the Secretary of Labor (the Secretary), including: (1) certain information on persons involved in its operation and States where it conducts business; (2) certification that copies of the registration have been filed with the appropriate State insurance commissioners; and (3) indication of whether the MEWA has obtained, applied for, or intends to apply for a certain exemption from State regulation. Authorizes the Secretary, to assess a civil penalty for a trustee's or other responsible person's failure or refusal to file such registration statement.
Authorizes district courts, upon the Secretary's showing that a MEWA is neither licensed under State insurance laws nor operating in accordance with the terms of a certain Federal exemption fron State regulation, to order the MEWA to cease activities and to grant additional equitable or remedial relief, unless the MEWA can show that it is fully insured, meets the specified State or Federal requirements, and operates in accordance with applicable State insurance laws that are not superseded under ERISA.
Sets forth an exemption procedure under which the Secretary is authorized to exempt from State regulation, for up to three years, individually or by class, MEWAs which are not fully insured and which provide medical care benefits. Allows such exemption to be renewed upon application. Prohibits such an exemption unless the Secretary finds that it is: (1) administratively feasible; (2) not adverse to the interests of participants and beneficiaries; and (3) protective of participant and beneficiary rights and benefits. Requires published and adequate notification and opportunity for a hearing for interested persons before any such exemption is granted.
Postpones, until 18 months after enactment of this Act, the required applicability of State insurance laws to MEWAs that provide medical care benefits if such MEWAs: (1) file for the exemption within 180 days after such enactment; and (2) the Secretary does not find such application to be materially deficient. Terminates such exclusion from State requirements for any such MEWA at any time when the Secretary determines it would be detrimental to the interests of participants or beneficiaries. Places any determination relating to such exclusion in the Secretary's sole discretion.
Provides that States may require disclosure of information from any employee welfare benefit plan (in connection with an investigation to determine if violations of the State insurance law have or are about to occur) as to whether such plan is a MEWA or is in compliance with the MEWA exemption or 18-month exclusion.
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
Subcommittee Hearings Held.
Referred to the Subcommittee on Labor-Management Relations.
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