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Amicus Briefs

protected content Jander v. Retirement Plans Committee of IBM, et al

Click here to view a brief description of the facts, issues, and importance of an anticipated petition for a writ of certiorari to the United States Supreme Court in Jander v. Retirement Plans Committee of IBM, et al… More

protected content Amicus Brief Opportunity in Retirement Case

ERIC is interested in supporting a legal case by filing an amicus brief and would like your support… More

ERIC Files Amicus Brief in Brotherston v. Putnam Investments

ERIC joined the U.S. Chamber of Commerce, the American Benefits Council, the Securities Industry and Financial Markets Association, the American Retirement Association, the National Association of Manufacturers, and the Business Roundtable in filing an amicus brief in the case Brotherston v. Putnam Investments… More

protected content Draft brief for Brotherston v. Putnam Investments

Please review the draft brief for Brotherston v. Putnam Investments. Putnam is filing a petition for certiorari to encourage the U.S. Supreme Court to rule on two issues… More

protected content Rx rebate mayhem, Amicus filed in 5th Circuit, New caddy data, and more!

Yesterday, the Administration announced its proposed rule to lower prescription drug prices and out-of-pocket costs “by encouraging manufacturers to pass discounts directly on to patients and bringing new transparency to prescription drug markets” … More

protected content 2 Potential amicus briefs – Please review

We are interested in supporting two legal cases with the filing of amicus briefs and would like your support. One is a health care case and the other a retirement case… More

protected content Amicus Brief Updates

On Wednesday, a brief was submitted in support of the defendants, PwC, in Laurent v. PwC… More

More Amicus Briefs

ERIC Surveys

protected content ESG Investing and ERISA Advisory Council Topics

EBSA has sent a Federal Register Notice announcing an April 10, 2019 ERISA Advisory Council meeting, to set topics for the 2019 Council… More

protected content Survey: Hardship Changes

Earlier this year, President Trump signed a two-year budget deal, the Bipartisan Budget Act of 2018 that included changes to retirement plans… More

protected content Survey on Balance Billing

ERIC surveyed members to learn where they stand on balance billing proposals, and whether they might support turning the tables and instead placing requirements on the providers who are sending these balance bills to patients… More

More ERIC Surveys

Judicial Documents

protected content Seattle Litigation Update

As you know, in August 2018, ERIC brought a lawsuit seeking to invalidate, based on preemption under ERISA, Part 3 of Seattle’s hotel ordinance and implementing rules that require the payment of additional compensation to hotel employees unless the hotel employer provides a specified level of health insurance benefits at a low contribution level for the employee… More

ERIC and City of Seattle Agree to Temporary Non-Enforcement Agreement

ERIC and the City of Seattle have filed for a temporary non-enforcement of Part 3 of the Seattle Hotel Employees Health and Safety Initiative … More

ERIC Remains Confident in Lawsuit Against the City of Seattle

ERIC continues to be confident in our lawsuit against the City of Seattle and believes that the City’s latest arguments to dismiss the lawsuit will be rejected by the court… More

protected content Update on ERIC’s Seattle Litigation

In August 2018, ERIC brought a lawsuit seeking to invalidate, based on preemption under the Employee Retirement Income Security Act, Seattle’s ordinance and implementing rules that require the payment of additional compensation to hotel employees unless the hotel employer provides a specified level of health insurance benefits at a low contribution level for the employee… More

ERIC Asks Court to Rule in Favor of ERISA

ERIC filed a motion for summary judgment in our lawsuit against the City of Seattle. In the motion ERIC argues that the Employee Retirement Income Security Act (ERISA), the federal law that enables employers to administer health and retirement benefits uniformly across the country, preempts Part 3 of the Seattle Hotel Employees Health and Safety Initiative… More

More Judicial Documents

Letters to Agencies

ERIC Supports North Dakota Telemedicine Bill

On behalf of The ERISA Industry Committee (ERIC), thank you for accepting input from interested stakeholders as you consider the proposed legislation, Senate Bill 2094, regarding telemedicine… More

protected content ERIC Comments on Maine State Retirement Savings Plan

ERIC has submitted a letter to Maine state legislators addressing concerns with proposed legislation currently under consideration regarding the state's retirement savings plan… More

protected content ERIC Comments on Connecticut Paid Family and Medical Leave

Yesterday, ERIC submitted a letter to Connecticut state legislators addressing concerns with proposed paid family and medical leave legislation… More

ERIC Submits Comments on Maine Biosimilar Bill

Today, ERIC submitted comments to the Maine House Committee on Health Coverage, Insurance and Financial Services regarding Legislative Document 659, which would allow pharmacists to make biosimilar substitutions… More

Alert: ERIC Submits Comments on Arkansas Biosimilar Bill

Today, ERIC submitted comments to the Arkansas House Public Health, Welfare and Labor Committee on House Bill 1269, which would allow pharmacists to make biosimilar substitutions… More

ERIC Submits Comments on Massachusetts Paid Family and Medical Leave Program

Today, ERIC submitted a letter to the Massachusetts Department of Family and Medical Leave commenting on preliminary draft regulations related to the implementation of the state’s Paid Family and Medical Leave Law… More

protected content Alert: Telehealth Updates in Washington, Georgia, and Florida

As we’ve discussed, payment parity for telemedicine services is the issue de jour this legislative session, and we wanted to provide you with a brief rundown of some of this month’s activity related to it. The following is a synopsis of telemedicine bills in Washington, Georgia, and Florida.… More

ERIC Weighs in on Guidance Related to Missing Retirement Plan Participants

ERIC submitted suggestions to the U.S. Department of Labor Assistant Secretary of Labor Preston Rutledge on guidance related to the challenge of employers locating missing retirement plan participants… More

protected content Alert: ERIC Submits Comment Letters on Washington and Oklahoma State Retirement Savings Program Bill

This week ERIC submitted letters in two different states reminding them of the preemption provisions for employers that currently sponsor retirement plans under ERISA. Both Washington state and Oklahoma are considering the implementation of mandatory state-administered IRA programs which would contravene ERISA’s preemption provisions… More

ERIC Submits Comments on Oklahoma State Retirement Plan Bill

The ERISA Industry Committee is writing regarding Oklahoma Senate Bill 934 (“SB 934”) to urge the legislators to acknowledge the preemption provisions under federal law—The Employee Retirement Income Security Act of 1974 (“ERISA”)—by exempting employers that already provide access to a retirement savings plan from the requirements of SB 934… More

ERIC Comments on Modernizing Part D & Medicare Advantage to Lower Drug Prices & Reduce Costs

Today, ERIC submitted comments to the Center for Medicare and Medicaid Services in response to the Proposed Rule on “Modernizing Part D and Medicare Advantage to Lower Drug Prices and Reduce Out of Pocket Expenses"… More

ERIC Comments on Proposed Regulations Relating to Hardship Distribution Provisions

ERIC submitted comments to the Internal Revenue Service on proposed regulations relating to hardship distribution provisions for 401(k) plans… More

ERIC Submits Comments on North Dakota’s Reinsurance Program

On behalf of The ERISA Industry Committee (ERIC), thank you for accepting input from interested stakeholders as you explore ways to stabilize North Dakota’s individual health insurance market through a reinsurance program… More

ERIC Comments on North Dakota Telemedicine Bill

Today, ERIC submitted comments on North Dakota Senate Bill 2094, which would require most telemedicine visits to be performed using both audio and video communication technology… More

ERIC Submits Comments on North Dakota’s Proposed Telemedicine Legislation

On behalf of The ERISA Industry Committee (ERIC), thank you for accepting input from interested stakeholders as you consider the proposed legislation, Senate Bill 2094, regarding telemedicine… More

protected content ERIC Letter to IRS—Comments requested by 1-14-19 on Hardship Distribution Rules

Members please provide comments on this draft letter to the IRS addressing hardship distributions by Monday, January 14… More

ERIC Encourages IRS to Provide Guidance on Student Loan Relief

ERIC worked with a coalition of companies and business groups to encourage the IRS to provide guidance that all employers could use when considering student loan relief in their retirement plans… More

protected content Missing Participants Comment Letter - Review

Click here to review a draft letter to the Department of Labor regarding Missing Participants. The purpose of this letter is to provide the DOL with additional information on what we would like to see in any guidance that the DOL issues in the near future… More

protected content ERIC: Wellness Rule Vacated, House Moves ACA Tax Delay, Final HRA Comments, and More!

Today we will discuss: (1) EEOC signals the end of their current ADA & GINA wellness rules, (2) House moves tax vehicle with ACA tax delays, (3) ERIC files comment letter on proposed HRA rule, (4) Judge says ACA is unconstitutional, but leaves it in place (5) ERIC comments on Administration’s 1332 waiver speed-dating proposal (6) Air ambulance – ERIC needs volunteers for a federal advisory board, (7) Ding, dong, HPID is dead, (8) Surprise billing – ERIC develops joint principles with employer, consumer groups… More

ERIC Submits Comments on Proposal to Expand Health Reimbursement Arrangements

ERIC submitted comments on the Trump Administration’s proposal to expand and facilitate access to Health Reimbursement Arrangements (HRAs) and other account-based plans… More

ERIC Submits Comments to CMS on 1332 Waivers

The ERISA Industry Committee is pleased to submit these comments in response to the Centers for Medicare & Medicaid Services (CMS), the Department of Health and Human Services (HHS), and the Department of the Treasury (Treasury) guidance related to section 1332 of the Patient Protection and Affordable Care Act (ACA) and its implementing regulations, published in the Federal Register on October 24, 2018… More

ERIC’s Comment Letter on Albany County Paid Sick Leave

The ERISA Industry Committee (“ERIC”) applauds your efforts to provide paid sick time to employees working in Albany County. Your proposed local law to provide access to paid sick time (“Local Law”), while well-intentioned, without small revisions will increase the compliance and financial burdens on large employers that already provide paid leave to employees in the county, the state, and other jurisdictions… More

protected content Illinois Secure Choice Update

In a prior email I mentioned that the Illinois Secure Choice Retirement Plan was sending emails to large companies requesting that the company either commence the enrollment process into the Secure Choice Plan or report that the company provides a retirement plan to employees and is exempt from the Secure Choice mandate… More

More Letters to Agencies

Letters to Congress

ERIC Joins in Supporting Anti-Discrimination Policy Under the Equality Act

ERIC joined over 40 other business groups in a statement supporting anti-discrimination policies for sexual orientation and sexual identity… More

ERIC Outlines Top Health Priorities for Congress in New Letter

ERIC submitted a letter to the U.S. Senate, Committee on Health, Education, Labor and Pensions on specific legislative solutions for reducing health care costs… More

protected content ERIC Works with U.S. Senate on Solutions to Reduce Health Care Costs

ERIC submitted a letter to the U.S. Senate, Committee on Health, Education, Labor and Pensions on specific legislative, regulatory, or subregulatory solutions for reducing health care costs… More

ERIC Provides Guidance on Surprise Medical Billing Crisis

Today, ERIC sent a letter to the U.S. Senate addressing the surprise medical billing crisis. ERIC is committed to working toward proactive solutions to protect patients from unconscionable bills, while preventing efforts to entrench damaging and anticompetitive behavior by select, problematic parts of the health industry, and ensuring that unfair and unnecessary costs are not simply socialized in the form of higher premium costs for everyone … More

ERIC Asks Congress to Rethink Retirement Disclosure Responsibility of Employers

ERIC sent a letter to Congress expressing support for the passage of retirement legislation that would enhance retirement savings opportunities during this Congress. The letter also asked that lawmakers modify the Lifetime Income Disclosure Act (LIDA) provision, making options more effective and flexible for plan sponsors… More

ERIC Victory: President Signs Bill Banning Pharmacy Gag Clauses

ERIC applauds lawmakers and the Administration for coming together and banning so-called “gag clauses” in group health plans and individual market health insurance plans… More

ERIC Fights for Solution to Multiemployer Pension Plan Crisis

ERIC signed a letter to the Joint Select Committee on Multiemployer Solvency urging the Committee to develop a comprehensive legislative solution to resolve the growing multiemployer pension plan crisis… More

More Letters to Congress

Press Releases

ERIC Outlines Top Health Priorities for Congress in New Letter

ERIC submitted a letter to the U.S. Senate, Committee on Health, Education, Labor and Pensions on specific legislative solutions for reducing health care costs… More

ERIC CEO Testifies Before Arkansas Lawmakers on Telemedicine Bill

Annette Guarisco Fildes, President and CEO of The ERISA Industry Committee (ERIC), today testified before the Arkansas House Committee on Public Health, Welfare, and Labor in support of House Bill 1220, legislation to expand access to telemedicine… More

ERIC Adds Experience to Its Staff with the Hiring of Two D.C. Insiders

ERIC is pleased to announce Aliya Robinson as the new Senior Vice President of Retirement and Compensation Policy and LeAnne Wilson as Vice President of Strategic Partnerships… More

ERIC Advocates for Student Loan & Hardship Withdrawal Policies to Promote Employee Savings

The ERISA Industry Committee started 2019 off with a flurry of comments on retirement policies affecting large plan sponsors… More

ERIC Advises Federal Agencies on 1332 Waiver Evaluations

ERIC submitted comments related to Section 1332 of the Patient Protection and Affordable Care Act (ACA) to the Centers for Medicare & Medicaid Services, the Department of Health and Human Services, and the Department of the Treasury urging the federal government to be vigilant to ensure that state activity does not violate the federal law that governs employer health benefit plans… More

ERIC Files Final Brief in Lawsuit Against Seattle

ERIC has filed its final brief in our lawsuit against the City of Seattle seeking to halt enforcement of the City’s health coverage mandate because it requires, uniquely for Seattle, a specified level of health plan benefits and precludes uniform health plan administration… More

ERIC Asks Congress to Rethink Retirement Disclosure Responsibility of Employers

ERIC sent a letter to Congress expressing support for the passage of retirement legislation that would enhance retirement savings opportunities during this Congress. The letter also asked that lawmakers modify the Lifetime Income Disclosure Act (LIDA) provision, making options more effective and flexible for plan sponsors… More

ERIC Remains Confident in Lawsuit Against the City of Seattle

ERIC continues to be confident in our lawsuit against the City of Seattle and believes that the City’s latest arguments to dismiss the lawsuit will be rejected by the court… More

ERIC Asks Court to Rule in Favor of ERISA

ERIC filed a motion for summary judgment in our lawsuit against the City of Seattle. In the motion ERIC argues that the Employee Retirement Income Security Act (ERISA), the federal law that enables employers to administer health and retirement benefits uniformly across the country, preempts Part 3 of the Seattle Hotel Employees Health and Safety Initiative… More

ERIC Provides Guidance on Proposed Albany Paid Sick Time Law

ERIC submitted comments to the Albany County Legislature on a proposed local law that would provide paid sick time to employees working in Albany County… More

ERIC Victory: President Signs Bill Banning Pharmacy Gag Clauses

ERIC applauds lawmakers and the Administration for coming together and banning so-called “gag clauses” in group health plans and individual market health insurance plans… More

ERIC Confident in Lawsuit Against the City of Seattle

The City of Seattle’s request to dismiss ERIC’s lawsuit against it, will not stop ERIC from fighting the health coverage and payment mandates in Part 3 of the Seattle Hotel Employees Health and Safety Initiative… More

More Press Releases

Testimony

ERIC CEO Testifies Before Arkansas Lawmakers on Telemedicine Bill

Annette Guarisco Fildes, President and CEO of The ERISA Industry Committee (ERIC), today testified before the Arkansas House Committee on Public Health, Welfare, and Labor in support of House Bill 1220, legislation to expand access to telemedicine… More

protected content ERIC Calls on Congress to Address Multiemployer Pension Crisis

ERIC submitted a statement calling on Congress to act immediately and comprehensively to address this crisis.… More

protected content Alert: ERIC Submits Testimony on Washington Telemedicine Payment Parity Bill

Today, ERIC submitted written testimony on Washington Senate Bill 5385, which would require that telemedicine services be reimbursed at the same rate as in-person services… More

ERIC Submits Testimony on Washington State Telemedicine Payment Parity Bill

Today, ERIC submitted testimony to the Washington state Senate Health & Long Term Care Committee regarding opportunities to expand and improve the delivery of health care through telemedicine in Washington… More

More Testimony