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Amicus Briefs

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

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ERIC Surveys

protected content Member Survey on Sabbatical Leave, Wellness & PBMs

ERIC conducted a survey of its members, on sabbatical leave, wellness programs, and the use of pharmacy benefit manager (PBM) for your prescription drug benefit… More

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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

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Letters to Agencies

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

ERIC Sends Sec. Acosta Letter on Updating Delivery Methods for Notices to Beneficiaries

We watched with interest the Administration’s meeting with top technology executives on Monday, June 19, 2017, and now urge the Department of Labor to make a technology change that will improve communications between companies that sponsor health and retirement plans and their beneficiaries, and save money for both the beneficiaries and the companies… More

Chicago & Cook County Paid Sick Leave Policies Must Not Work Against Each Other

The ERISA Industry Committee (ERIC) today submitted a comments on the City of Chicago’s proposed rules for its paid sick leave ordinance… More

Employers Must be Able to Design Leave Polices that Best Fit Their Workforce

The ERISA Industry Committee (ERIC) today submitted a letter to the Industrial Commission of Arizona asking for amendments to the proposed rules that coincide with the state’s newly passed paid sick leave law, the Fair Wages and Healthy Families Act… More

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Letters to Congress

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 than 50 Business Groups Call on Senate to Preserve Employer-Sponsored Health Benefits

More than 50 business organizations sent a letter to Senate Majority Leader Mitch McConnell and Democratic Leader Chuck Schumer urging them to protect the employer-sponsored health insurance system by repealing damaging taxes and preserving improvements to consumer-directed health options proposed in the House-passed American Health Care Act … More

Letter to Nevada Governor Urging Him to Veto Paid Sick Leave Bill

The ERISA Industry Committee (“ERIC”) urges you to veto Nevada Senate Bill 196 (“SB 196”). SB 196 mandates paid sick leave for private-sector employees, but in doing so, infringes on large employers’ ability provide leave under existing policies that already provide the requisite amount of paid sick leave that the bill mandates… More

Health Reform: A Chance to Get it Right

The ERISA Industry Committee (ERIC) today submitted a letter to the Senate Finance Committee urging it to use health care reform as a vehicle to improve consumer-driven options for Americans, reduce health care taxes, and improve public sector programs to focus on value… More

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Press Releases

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

Paid Leave Laws Need Clear, Consistent Language

The ERISA Industry Committee (ERIC) today submitted comments on the State of New York Workers’ Compensation Board’s revised proposed rules on the state’s Paid Family Leave program… More

Senate Health Care Bill Will Reduce Costs for Employers and Employees

The ERISA Industry Committee (ERIC) is pleased that the Senate’s health care bill recognizes the important role employer-sponsored health insurance plays in providing health benefits to more than 178 million Americans. We appreciate the Senate’s efforts to reduce taxes that are passed on to health care purchasers and consumers, improve consumer-driven health options like Health Savings Accounts (HSAs), and prevent cost-shifting by stabilizing the individual markets… More

ERIC Pulls Support of New Jersey Telehealth Bill

The ERISA Industry Committee (ERIC) submitted new written testimony to the New Jersey General Assembly Appropriations Committee pulling its support for telehealth legislation – Assembly Committee Substitute for Assembly Bill 1464 … More

Medicare Advantage Can be Improved by Adopting Value-Based Health Plan Designs

The DRIVE Health Initiative submitted testimony today before the U.S. House of Representatives Ways & Means Health Subcommittee detailing how Medicare Advantage plans could benefit by adopting value-based health plans designs… More

The DOL Must Modernize: How Old Rules Are Hurting Benefit Plans & Participants

The ERISA Industry Committee (ERIC) today testified before the Department of Labor’s (DOL) ERISA Advisory Council on Employee Welfare and Pension Benefit Plans about streamlining and eliminating unnecessary disclosure requirements placed on health and retirement plan sponsors… More

Nevada’s Governor Must Veto Overreaching Paid Sick Leave Bill

The ERISA Industry Committee (ERIC) today sent a letter to Nevada Governor Brian Sandoval urging him to veto Senate Bill 196. The bill infringes on large employers’ ability provide paid sick leave under existing policies that already offer generous amounts of leave… More

Texas Governor Signs Telehealth Bill Into Law

The ERISA Industry Committee (ERIC) applauds Texas Governor Greg Abbott for signing Senate Bill 1107 into law over the weekend. ERIC is especially pleased that the bill requires the same standard of care for telehealth services as for in-person visits, permits e-prescribing, and eliminates the requirement that a provider and patient meet in person before taking advantage of telehealth services… More

Health Reform: A Chance to Get it Right

The ERISA Industry Committee (ERIC) today submitted a letter to the Senate Finance Committee urging it to use health care reform as a vehicle to improve consumer-driven options for Americans, reduce health care taxes, and improve public sector programs to focus on value… More

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Testimony

ERIC Telehealth Testimony to New Jersey General Assembly Appropriations Committee

On behalf of The ERISA Industry Committee (ERIC), thank you for accepting input from interested stakeholders as you consider Assembly Committee Substitute for Assembly Bill 1464 (ACS 1464), which permits health care providers to engage in telemedicine and telehealth in New Jersey. 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 New Jersey… More

ERIC Supports New Jersey Telehealth Bill

The ERISA Industry Committee (ERIC) submitted written testimony to the New Jersey Assembly Committee on Health and Senior Services supporting proposed telehealth legislation – Assembly Committee Substitute for Assembly Bill 1464… More

ERIC’s Testimony Supporting New Jersey Telehealth Bill

On behalf of The ERISA Industry Committee (ERIC), thank you for accepting testimony from interested stakeholders as you explore opportunities to expand and improve the delivery of health care through telemedicine in New Jersey. 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 New Jersey… More

Medicare Advantage Can be Improved by Adopting Value-Based Health Plan Designs

The DRIVE Health Initiative submitted testimony today before the U.S. House of Representatives Ways & Means Health Subcommittee detailing how Medicare Advantage plans could benefit by adopting value-based health plans designs… More

The DOL Must Modernize: How Old Rules Are Hurting Benefit Plans & Participants

The ERISA Industry Committee (ERIC) today testified before the Department of Labor’s (DOL) ERISA Advisory Council on Employee Welfare and Pension Benefit Plans about streamlining and eliminating unnecessary disclosure requirements placed on health and retirement plan sponsors… More

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