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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

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ERIC Surveys

protected content 2018 Member Policy Priorities Surveys

ERIC surveyed members on their federal health and retirement policy priorities, as well as their state policy priorities for 2018… More

More ERIC Surveys

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

ERIC Comments on Austin’s Proposed Paid Sick Leave Ordinance

ERIC sent a letter to Austin councilmembers on the city's proposed earned sick time ordinance and it's effects on the city's large employers… More

protected content Alert: ERIC Submits Comments on Mississippi Board of Medical Licensure Proposed Rule

Today, ERIC submitted comments to the Mississippi Board of Medical Licensure on a proposed rule to Part 2640 that could impact telemedicine in the state… More

ERIC Submits Comments on Mississippi’s Part 2640 Proposed Rules

On behalf of The ERISA Industry Committee (ERIC), thank you for accepting input from interested stakeholders as you consider the Mississippi State Board of Medical Licensure proposed rules for Part 2640… More

ERIC Submits Comments on Proposed Changes to Medicare Prescription Drug Program

The ERISA Industry Committee (ERIC) submitted comments to the Centers for Medicare & Medicaid Services (CMS) on proposed changes to the Medicare prescription drug program… More

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

More Letters to Agencies

Letters to Congress

ERIC Comments on Maryland Paid Sick Leave

The ERISA Industry Committee (“ERIC”) applauds the Maryland General Assembly’s efforts to increase access to paid sick and safe leave to its workers, but believe it should be accomplished in a manner that does not hinder employers in the process. The “Maryland Healthy Working Families Act” (“Act”), while well-intentioned, provides limited time for employers to make the necessary changes in order to be in compliance with the Act by February 11, 2018 (i.e., the implementation date of the Act)… More

ERIC Supports Chronic Disease Management Act

On behalf of The ERISA Industry Committee (ERIC), thank you for introducing the Chronic Disease Management Act of 2018. ERIC strongly supports your bill to transform Health Savings Accounts (HSAs) into health benefit vehicles with vast potential for health improvement and savings. This legislation would significantly improve HSAs, making them a more versatile and effective tool for employees and plan sponsors… More

ERIC Comments on Maryland’s Paid Sick Leave Law

The ERISA Industry Committee (“ERIC”) applauds the Maryland General Assembly’s efforts to increase access to paid sick and safe leave to its workers, but believe it should be accomplished in a manner that does not hinder employers in the process… More

ERIC Supports the Upcoming Continuing Resolution

Dear Member of Congress, On behalf of The ERISA Industry Committee (ERIC), we write today to urge you to support the upcoming Continuing… More

ERIC Sends Letter to Congress Calling for Delay of the Cadillac Tax

Today, ERIC submitted a joint letter, with 36 business groups, calling on Congress to delay the Cadillac tax.… More

Letter to Congressmen Kelly and Kind Opposing Rightsizing Pension Premiums Act of 2017

The ERISA Industry Committee ("ERIC") applauds any effort to stop the unnecessary increases in premiums paid to the Pension Benefit Guaranty Corporation ("PBGC") from plan sponsors of single-employer defined benefit plans; however, we are concerned with any legislation that has the potential to unfairly place the solvency of the PBGC single-employer trust fund on the backs of large employers… More

ERIC Sends Joint Letter to Senators McConnell and Hatch on Frozen DB Plans

ERIC sent a letter to Senate Majority Leader McConnell and Senate Finance Committee Chairman Hatch on frozen defined benefit plans… More

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

More Letters to Congress

Press Releases

ERIC Applauds Inclusion of CHRONIC Care Act in Continuing Resolution

The ERISA Industry Committee (ERIC) applauds the U.S. House of Representatives for including the CHRONIC Care Act in the Continuing Resolution (CR), which will expand the use of telehealth for treating and diagnosing strokes and make it easier for enrollees to pay for telehealth services… More

ERIC Victory: Congress Delays Cadillac Tax Until 2022

Today marks a victory for ERIC. Nine years ago, ERIC began its fight against the 40 percent ‘Cadillac’ excise tax on employer-sponsored health insurance, and strongly supported the 2-year delay contained in the Continuing Resolution… More

ERIC Looks Forward to Working with DOL to Combat Regulatory Burdens

As we begin 2018, The ERISA Industry Committee looks forward to working with leadership at the Department of Labor (DOL), including newly confirmed Assistant Secretary of Labor for the Employee Benefits Security Administration (EBSA), Preston Rutledge, to combat the regulatory burdens imposed on companies that sponsor employee benefit plans… More

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

More Press Releases

Testimony

ERIC Testimony Regarding Nebraska Legislative Bill 844

The ERISA Industry Committee (“ERIC”) appreciates the opportunity to submit written testimony for Legislative Bill 844 (“LB844”), which would adopt the Healthy and Safe Families and Workplaces Act, to the Nebraska Legislature’s Business and Labor Committee … More

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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