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Amicus Briefs

protected content Update on Oregon Litigation

On Monday, we shared an important and positive development in ERIC’s lawsuit against the mandate imposed by the OregonSaves state retirement program that impacts your company’s requirement to file for an exemption by November 15, 2017. We are providing the following clarifying information in response to questions raised from the prior communication… More

ERIC Files Amicus Brief with the U.S. Supreme Court in Critical Retiree Health Case

The ERISA Industry Committee (ERIC) has filed an amicus brief with the U.S. Supreme Court in CNH Industrial v. Reese asking the court to reverse the U.S. Court of Appeals for the Sixth Circuit’s decision that required life-time vesting of retiree health benefits under a collective bargaining agreement that did not stipulate the duration of the benefit… More

protected content Important Update on Requirement to File in OregonSaves Program

I am sharing an important and positive development in ERIC’s lawsuit against the mandate imposed by the OregonSaves state retirement program that impacts your company’s requirement to file for an exemption by November 15… More

Employer Groups File Amicus Brief in Meiners v. Wells Fargo & Company

The ERISA Industry Committee (ERIC) and the American Benefits Council (ABC), have filed an amicus brief with the U.S. Court of Appeals for the Eighth Circuit in Meiners v. Wells Fargo & Company, et al in support of the District Court’s ruling that dismissed the allegations against Wells Fargo & Company… More

protected content Tax Reform, Student Loan, Amicus Brief

The House passed a budget resolution which completes the steps necessary to provide both the House and Senate with reconciliation instructions to complete tax reform. The main reason behind the “reconciliation” route is that it enables legislation to be passed out of the Senate with a simple majority instead of the standard 60-vote threshold… More

Meiners v. Wells Fargo & Company

The ERISA Industry Committee (ERIC), the American Benefits Council (ABC), and the U.S. Chamber of Commerce have filed an amicus brief with the U.S. Court of Appeals for the Eighth Circuit in Meiners v. Wells Fargo & Company, et al in support of the District Court’s ruling that dismissed the allegations against Wells Fargo & Company… More

protected content CNH Industries v Reese [Retiree Health]

By now you are likely aware of the series of cases dealing with rights to lifetime retiree health benefits, from Tackett and the like. This case stands out because thus far, it has been decided against the interests of employers – and essentially it turns Tackett on its head… More

More Amicus Briefs

Judicial Documents

The ERISA Industry Committee Files Lawsuit Against Oregon

ERIC has filed a complaint in the United States District Court for the District of Oregon against the Oregon Retirement Savings Board for obstructing federal law. In the complaint, ERIC is requesting an injunction against only the reporting requirement OregonSaves imposes on employers that already provide a retirement plan… More

ERIC’s Legal Complaint about OregonSaves State Retirement Plan: What You Need to Know

OregonSaves is the State of Oregon’s state-run retirement program. Signed into law in June 2015, the Oregon Retirement Savings Board was implemented and tasked with creating a defined contribution retirement plan for private-sector employees… More

More Judicial Documents

Letters to Agencies

California State Retirement Plan Has Opportunity to Protect Employer-Sponsored Plans

The ERISA Industry Committee (ERIC) today submitted comments to the California Secure Choice Retirement Investment Savings Board regarding the state’s Secure Choice Program’s reporting requirements included in the draft emergency regulations… More

protected content Alert: ERIC Submits Comments to North Dakota Administrative Rules Committee

On December 4, ERIC submitted comments related to the North Dakota Board of Medicine’s proposed telemedicine rules, which will be reviewed at the State Administrative Rules Committee today… More

ERIC’s Comment Letter on Proposed Telemedicine Rules in North Dakota

On behalf of The ERISA Industry Committee (ERIC), thank you for accepting input from interested stakeholders as you consider the North Dakota Board of Medicine’s proposed rules regarding telemedicine. ERIC is the only national association that advocates exclusively for large employers on health, retirement, and compensation public policies at the federal, state, and local levels. We speak in one voice for our members on their benefit and compensation interests, including many members with employees and retirees in North Dakota… More

Texas Medical Board Moves Forward with Implementing Telemedicine

The ERISA Industry Committee (ERIC) today submitted comments to the Texas Medical Board praising it for taking steps to quickly implement the new telemedicine law in the state, including the incorporation of mental health services… More

ERIC Submits Comments on Florida’s Telehealth Advisory Council’s Report of Recommendations

Thank you for accepting comments from interested stakeholders as you develop telehealth rules in Florida… More

ERIC Comments to AICPA

The ERISA Industry Committee (ERIC) and the U.S. Chamber of Commerce (Chamber) are pleased to respond to the request by the American Institute of Certified Public Accountants (AICPA) for comments regarding the Proposed Statement on Auditing Standards, Forming an Opinion and Reporting on Financial Statements of Employee Benefits Plans Subject to ERISA (Proposal)… More

ERIC Submits Oklahoma Section 1332 Waiver Comments

Today, ERIC submitted comments to the Centers for Medicare and Medicaid Services regarding Oklahoma's Section 1332 Waiver Application… More

Comments on Washington State’s Department of Labor and Industries’ Proposed Paid Sick Leave Rule

The ERISA Industry Committee (“ERIC”) is pleased to submit comments on Washington State’s Department of Labor and Industries’ edits for its proposed rules on Initiative 1433 (“Proposed Edited Rules”) regarding paid sick leave… More

ERIC Letter to OIRA on Delaying Implementation of Mortality Tables

ERIC respectfully requests that the agency take at least the entire 90 days permitted under Executive Order 12866 to ensure that the Proposed Treasury Rule on Mortality Tables for Determining Present Value Under Defined Benefit Pension Plans (RIN: 1545-BM71) is considered carefully and completely given its significant economic impact, and that it delay its implementation to January 1, 2020… More

ERIC Comments on PBGC Regulatory Planning

The ERISA Industry Committee (“ERIC”) is pleased to respond to the request by the Pension Benefit Guaranty Corporation (“PBGC”) for comments regarding what regulatory and deregulatory actions it should be considering as part of its regulatory program… More

Employers Need Guidance on Fiduciary Rule Monitoring Requirements

The ERISA Industry Committee (ERIC) submitted comments to the Department of Labor (DOL) on the fiduciary rule and the uncertainty surrounding a plan fiduciaries’ monitoring obligations… More

ERIC Comments on Nevada Fiduciary Rule

The ERISA Industry Committee (“ERIC”) is pleased to submit comments to the Nevada Securities Division on Senate Bill 383 (“S.B. 383”), the law imposing a statutory fiduciary duty on brokers- dealers and investment advisers, and the effect proposed regulations, if adopted, would have on small business as defined under Nevada law… More

Comments to HHS on Mental Health Parity and the Mental Health Reform Act

To Whom It May Concern: The ERISA Industry Committee (“ERIC”) is pleased to submit these comments in response to the Department’s stakeholder input efforts pursuant to the 21st Century Cures Act and the Mental Health Reform Act contained therein … More

Regulatory Burdens Threatening Retirement Plans

The ERISA Industry Committee (ERIC) submitted comments to the U.S. Department of Treasury outlining ways to reduce regulatory burdens for retirement plans… More

ERIC Comments to HHS on ACA Regulatory Reforms

The ERISA Industry Committee (“ERIC”) is pleased to comment on the request for information by the Department of Health and Human Services (HHS) and the Centers for Medicare and Medicaid Services (CMS) on June 8, 2017, concerning regulatory actions within HHS jurisdiction that could be taken to reduce the burdens of the ACA… More

More Letters to Agencies

Letters to Congress

ERIC Letter to Chairman Hatch on Tax Reform Legislation

The ERISA Industry Committee applauds your efforts to develop tax reform legislation without adversely impacting the ability of workers and families to save for retirement. We look forward to working with you to advance retirement savings measures in future legislation… More

protected content HHS Nominee Hearing Coming, End-of-Year Health Care Legislation, HSA Action, and More

On November 29 at 9:30am, the Senate Health, Education, Labor and Pensions (HELP) Committee will hold a hearing on Alex Azar’s nomination to be Secretary of Health and Human Services (HHS). The Committee hearing is a “courtesy hearing”—it will not be a vote on Azar’s nomination (the Senate Finance Committee is the one that will have to report Azar out to the Senate floor). Azar’s nomination to fill the vacancy left by Secretary Tom Price was announced on November 13 by President Trump… More

Letter to Chairman Hatch on Tax Reform

Today, ERIC sent a letter to Chairman Hatch regarding provisions in the Senate tax reform mark… More

Letter to House Ways and Means Chairman Brady About Elimination of Section 127

The Coalition to Preserve Employer Provided Education Assistance, of which ERIC is a member, sent a letter on behalf of the Coalition urging Chairman Brady to reconsider the elimination of Section 127, employer provided education assistance, in H.R. 1, the tax reform bill… More

ERIC Applauds Call for Elimination of Onerous Health Care Taxes

The ERISA Industry Committee (ERIC) applauds Chairman Orrin Hatch’s (R-Utah) opening statement at today’s Senate Finance Committee’s meeting, where he called for the elimination of the health insurance tax (HIT) on fully insured health plans and the 40 percent “Cadillac” excise tax on employer-sponsored health insurance… More

ERIC Teams with Business Groups to Ask Congress to Protect Employer-Sponsored Health Care

The ERISA Industry Committee (ERIC), along with a robust group of other trade associations representing employers, sent a letter to members of Congress expressing support for legislation that continues funding for the cost-sharing reduction (CSR) payments under the Affordable Care Act (ACA), but also asking that the 178 million Americans who receive health insurance through their employer be provided relief from the ACA… More

Coalition to Protect Retirement Sends Letter to Senators Hatch and Wyden

Today, ERIC signed onto a letter sent to Senator Hatch and Senator Wyden on behalf of the Coalition to Protect Retirement, of which ERIC is a founding member. This coalition is comprised of trade associations that represent retirement plan sponsors, administrators, service providers, and related financial institutions… More

ERIC Joins Others in Supporting Section 127 of Internal Revenue Code

In response to Senate Finance Committee Chairman Orrin Hatch's request for submissions on tax reform, ERIC signed onto a letter that was sent to Sen. Hatch and the Committee's Ranking Member, Senator Ron Wyden… More

More Letters to Congress

Press Releases

California State Retirement Plan Has Opportunity to Protect Employer-Sponsored Plans

The ERISA Industry Committee (ERIC) today submitted comments to the California Secure Choice Retirement Investment Savings Board regarding the state’s Secure Choice Program’s reporting requirements included in the draft emergency regulations… More

It’s Official: Sufficient Support in U.S. House of Representatives to Completely Repeal Cadillac Tax

The ERISA Industry Committee (applauds Representatives Mike Kelly (R-PA) and Joe Courtney (D-CT) for reaching a critical milestone on their legislation, the “Middle Class Health Benefits Tax Repeal Act of 2017” (H.R.173). The bill, which would fully repeal the 40 percent ‘Cadillac’ excise tax on employer-sponsored health insurance, is now cosponsored by more than half of all House members, meaning that if it were brought up for a vote, it is virtually guaranteed to pass. An amendment completely repealing the Cadillac tax was passed in the Senate earlier this year… More

ERIC Calls Upon Senate HELP Committee to Approve Preston Rutledge as Assistant Secretary of EBSA

The ERISA Industry Committee urges the Senate Health, Education, Labor, and Pensions (HELP) Committee to move swiftly to advance the nomination of Preston Rutledge to be the Assistant Secretary of Labor for the Employee Benefits Security Administration (EBSA) at the Department of Labor… More

Senate GOP Tax Reform Plan Protects Retirement Savings

The ERISA Industry Committee (ERIC) is pleased that the Republican’s Senate tax reform plan protects the pre-tax contribution limit employees can contribute to their 401(k) plans and we will continue to advocate against any decrease in the incentive to save for retirement on a pre-tax basis… More

ERIC Calls Upon U.S. Senate to Swiftly Confirm Nominations of Janet Dhillon and Daniel Gade to EEOC

The ERISA Industry Committee supports President Trump’s nomination of Janet Dhillon to chair of the Equal Employment Opportunity Commission (EEOC) and Daniel Gade to serve as a commissioner on the EEOC. The EEOC has critical work to do for America’s workers and employers, including moving forward with rules on employee wellness programs, and that work is currently in limbo because of vacancies and expired terms on the Commission… More

ERIC Files Amicus Brief with the U.S. Supreme Court in Critical Retiree Health Case

The ERISA Industry Committee (ERIC) has filed an amicus brief with the U.S. Supreme Court in CNH Industrial v. Reese asking the court to reverse the U.S. Court of Appeals for the Sixth Circuit’s decision that required life-time vesting of retiree health benefits under a collective bargaining agreement that did not stipulate the duration of the benefit… More

GOP Tax Reform Plan Leaves Retirement Savings Intact

The ERISA Industry Committee (ERIC) is pleased the Republican’s House tax reform plan does not decrease the pre-tax contribution limit for retirement plans that an individual may contribute on an annual basis… More

Employer Groups File Amicus Brief in Meiners v. Wells Fargo & Company

The ERISA Industry Committee (ERIC) and the American Benefits Council (ABC), have filed an amicus brief with the U.S. Court of Appeals for the Eighth Circuit in Meiners v. Wells Fargo & Company, et al in support of the District Court’s ruling that dismissed the allegations against Wells Fargo & Company… More

Texas Medical Board Moves Forward with Implementing Telemedicine

The ERISA Industry Committee (ERIC) today submitted comments to the Texas Medical Board praising it for taking steps to quickly implement the new telemedicine law in the state, including the incorporation of mental health services… More

ERIC Comments on DOL’s Disability Claims Rule Delay

The ERISA Industry Committee (ERIC) is pleased the Department of Labor (DOL) is proposing a 90-day delay of the costly and burdensome midnight regulation on disability benefit claims review… More

The ERISA Industry Committee Files Lawsuit Against Oregon

ERIC has filed a complaint in the United States District Court for the District of Oregon against the Oregon Retirement Savings Board for obstructing federal law. In the complaint, ERIC is requesting an injunction against only the reporting requirement OregonSaves imposes on employers that already provide a retirement plan… More

Treasury Issues Final Mortality Table Rule

ERIC is pleased the Department of Treasury took into account a number of the requested changes listed in our comment letters, including flexibility for the plan sponsor to potentially delay for one year the use of the new mortality tables for purposes of satisfying minimum funding standards… More

Tax Reform Must Preserve Employer-Sponsored Benefits

ERIC appreciates that the Republicans’ United Framework for Tax Reform encourages retirement security and is hopeful that as lawmakers move forward crafting legislation, they will preserve the pre-tax treatment of employer-sponsored benefits… More

Delay of Mortality Table Rule Creates Stable Environment for Plan Sponsors

ERIC encourages the Office of Information and Regulatory Affairs (OIRA) to delay the implementation date for the proposed Department of Treasury rule on mortality tables for determining present value under defined benefit pension plans… More

ERIC Applauds Call for Elimination of Onerous Health Care Taxes

The ERISA Industry Committee (ERIC) applauds Chairman Orrin Hatch’s (R-Utah) opening statement at today’s Senate Finance Committee’s meeting, where he called for the elimination of the health insurance tax (HIT) on fully insured health plans and the 40 percent “Cadillac” excise tax on employer-sponsored health insurance… More

ERIC Teams with Business Groups to Ask Congress to Protect Employer-Sponsored Health Care

The ERISA Industry Committee (ERIC), along with a robust group of other trade associations representing employers, sent a letter to members of Congress expressing support for legislation that continues funding for the cost-sharing reduction (CSR) payments under the Affordable Care Act (ACA), but also asking that the 178 million Americans who receive health insurance through their employer be provided relief from the ACA… More

Employers Need Guidance on Fiduciary Rule Monitoring Requirements

The ERISA Industry Committee (ERIC) submitted comments to the Department of Labor (DOL) on the fiduciary rule and the uncertainty surrounding a plan fiduciaries’ monitoring obligations… More

New Survey Highlights How Employers are Innovating in Spite of Rising Health Care Costs

Today’s release of the National Business Group on Health’s (NBGH) annual survey highlights the important role large employers play as innovators in the health care system, their interest in how health care is delivered and paid for, and the increased availability of telemedicine… More

Senate Misses Opportunity to Protect and Improve Health Care

The United States Senate last night missed an extraordinary and historic opportunity to begin fixing our nation’s broken health care system by reducing damaging taxes, empowering patients with improved consumer-driven health options, and stabilizing the individual markets, many of which may currently be in a death spiral… More

Governor Christie Must Veto Paid Family Leave Expansion

The ERISA Industry Committee (ERIC) sent a letter to New Jersey Governor Chris Christie urging him to veto New Jersey Assembly Bill 4927 due to the bill hindering large employer’s ability to implement and administer consistent paid leave programs across state lines… More

OregonSaves will Force Large Employers to Redirect Costs

The ERISA Industry Committee is disappointed that Oregon lawmakers ignored the Joint Resolution of Disapproval rescinding federal rulemaking that allowed states to create mandatory retirement plans and next week will launch a pilot of OregonSaves, a program that will eventually reach beyond what the federal law allows by imposing a compliance burden on employers who voluntarily provide a retirement plan to their employees… More

More Press Releases

Testimony

protected content Alert: District of Columbia Paid Leave

Yesterday, ERIC submitted written testimony to the District of Columbia's City Council on five pieces of legislation that would affect the Universal Paid Leave Amendment (UPLA) Act of 2016, the District's current law governing paid family, medical, and parental leave. The Council's Committee of the Whole held a hearing on these bills on October 10, 2017… More

ERIC’s Testimony on DC’s Paid Leave Law

The ERISA Industry Committee (“ERIC”) is pleased to submit written testimony to the Council of the District of Columbia on the various proposed paid leave legislation (“Paid Leave Bills”) concerning DC Law 21-264, the Universal Paid Leave Amendment (“UPLA”) Act of 2016, which became effective April 7, 2017… More

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