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ERIC Surveys

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

protected content Employee Stock Offering Survey

ERIC conducted a spot survey of its members on the use of employee stock offerings… More

protected content Survey on the Funding of Nonqualified Deferred Compensation (NQDC) Plans

ERIC conducted a spot survey on the funding of nonqualified deferred compensation (NQDC) plans… More

protected content Non-Qualified Deferred Compensation Spot Survey

ERIC created a spot survey on the use and prevalence of rabbi trusts to fund non-qualified deferred compensation (NQDC)… More

protected content Determination Letter Follow-Up Survey

This survey was intended as a follow-up to the prior survey as well as a way to receive feedback from members on the direction of the comment letter we planned to file with the IRS in response to the recent Notice… More

More ERIC Surveys

Judicial Documents

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

The ERISA Industry Committee Files Lawsuit Against City of Seattle

ERIC today filed a complaint in the U.S. District Court for the Western District of Washington against the City of Seattle for obstructing the federal law that enables large employers to administer health and retirement benefits uniformly across the country. ERIC is requesting an injunction and a declaration from the court that federal law supersedes and preempts the health coverage and payment mandates in Part 3 of the Seattle Hotel Employees Health and Safety Initiative - SMC 14.25; ERIC hopes to work with the City and negotiate a temporary nonenforcement agreement, at least until a decision in the case is reached… More

More Judicial Documents

Letters to Congress

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

ERIC Sends Letter to Hill Opposing ESRD Provision in Opioids Bill

ERIC and members of the National Coalition on Benefits sent a letter reiterating our strong opposition to the end-stage renal disease (ESRD) provision in the House-passed version of the opioids bill… More

ERIC Works to Make Prescription Drug Costs More Transparent

ERIC sent a letter to the U.S. Senate urging lawmakers to support S. 2554, the “Patient Right to Know Drug Prices Act.” The bill would ban so-called “gag clauses” in group health plans and individual market health insurance plans. These clauses prevent pharmacists from informing a patient that filling a prescription might be cheaper if the patient pays cash, rather than the negotiated copay under their insurance coverage… More

ERIC Supports Legislation to Delay Cadillac Tax

This week, the House is expected to vote on H.R. 3798, the “Save American Workers Act of 2018.” The ERISA Industry Committee (ERIC) urges you to support this legislation. ERIC is the only national trade association that advocates exclusively for federal, state, and local public policies that support large employers sponsoring health, retirement, and compensation plans… More

Letter to Senate Committee on Commerce, Science, and Transportation on FAA Bill

As your committee works to produce a comprehensive FAA reauthorization bill, urgent attention is needed to reform the regulation of the air ambulance system in our nation. Without reform, America’s families and health care providers face an increasing and often conflicting set of rules and regulations that fail to provide any semblance of financial certainty when life-saving air ambulance services are employed… More

Letter to Congress Supporting Enhancing Retirement Security

Today, ERIC sent a joint letter to Congress stating our support for the passage of retirement legislation during this Congress to enhance retirement security in America… More

ERIC Urges House to Pass Bipartisan HSA Bill

Today, ERIC sent a letter to members of the U.S. House of Representatives urging them to vote yes on H.R. 6199. This bill would make a number of important improvements to health savings accounts … More

ERIC Weighs in on National Paid Family and Medical Leave Law

The ERISA Industry Committee (ERIC) today submitted a statement for the record to the Senate Finance Subcommittee on Social Security, Pensions, and Family Policy, following its hearing on the importance of paid family and medical leave… More

Legislative Proposal to Expand SCP

ERIC, along with other organizations, sent a letter to Senators Orrin Hatch and Ron Wyden with a proposal to restructure IRS operations. The proposal would direct the IRS to expand the self-correction program within the IRS’s Employee Plan Compliance Resolution System, to enable businesses with retirement plans to more easily correct common mistakes… More

Joint Association Letter Regarding Missing and Unresponsive Participants

On behalf of the undersigned organizations, we thank you for the meeting we had with your senior staff on May 16 regarding the issue of missing and unresponsive participants and beneficiaries. While we were sorry you could not attend, we had a productive dialogue with staff from the Department of Labor’s Employee Benefits Security Administration (EBSA)… More

ERIC Praises House Ways & Means Committee Before Health Care Hearing

ERIC joins others in thanking the House Ways and Means Committee for holding a hearing on expanding consumer-driven health plan options… More

protected content Victory on MHP Penalties! Also… Lot’s of MHP stuff

Just a short note to fill the rest of your week with mental health parity (MHP) reading and excitement. This morning, the Senate Health, Education, Labor and Pensions (HELP) Committee finished their markup that included S. 2680, the Opioid Crisis Response Act of 2018. The bill was favorably reported out of committee by unanimous consent… More

More Letters to Congress

Press Releases

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

Electronic Disclosure is a Necessary Tool for Benefit Plan Sponsors

The ERISA Industry Committee is pleased the Trump Administration recognized the need to modernize how employers can send required disclosures and notices to plan recipients in its most recent Executive Order… More

ERIC Supports Congress on Efforts to Enhance Retirement Security

The ERISA Industry Committee (ERIC) is pleased that the Family Savings Act was passed out of the House Ways and Means Committee and encourages its passage out of the U.S. House of Representatives… More

U.S. House of Representatives Should Vote Yes to Delay Cadillac Tax

ERIC sent a letter to the U.S. House of Representatives urging lawmakers to vote yes on H.R. 3798, the “Save American Workers Act of 2018.”… More

ERIC and Seattle Agree to Temporary Exemption in Wake of Lawsuit

ERIC is pleased the City of Seattle has agreed to a temporary non-enforcement of the health coverage and payment mandates in Part 3 of the Seattle Hotel Employees Health and Safety Initiative - SMC 14.25 … More

ERIC to Work with Trump Administration to Enhance Retirement Security

The ERISA Industry Committee (ERIC) applauds the Trump Administration for today’s executive order promoting programs that enhance retirement security and expanding access to workplace retirement savings plans for American workers… More

ERIC Offers IRS a Helping Hand on Student Loan Debt

ERIC today sent the Internal Revenue Service (IRS) a letter regarding retirement savings programs for individuals repaying student loans. In the letter, ERIC praised the IRS for issuing Private Letter Ruling-131066-17, which permits the 401(k) plan sponsor that requested the PLR to contribute to the company’s 401(k) plan on behalf of plan participants who pay down student loan debt but do not necessarily contribute to the company’s 401(k) plan … More

The ERISA Industry Committee Files Lawsuit Against City of Seattle

ERIC today filed a complaint in the U.S. District Court for the Western District of Washington against the City of Seattle for obstructing the federal law that enables large employers to administer health and retirement benefits uniformly across the country. ERIC is requesting an injunction and a declaration from the court that federal law supersedes and preempts the health coverage and payment mandates in Part 3 of the Seattle Hotel Employees Health and Safety Initiative - SMC 14.25; ERIC hopes to work with the City and negotiate a temporary nonenforcement agreement, at least until a decision in the case is reached… More

ERIC Submits Comments on Proposed New York City Retirement Program

ERIC submitted comments with the New York City Council regarding proposed bill Int. 0888-2018, that would establish a retirement savings program for private-sector employees. ERIC supports proposals and programs run by states and localities designed to promote and facilitate retirement saving by those employed by an employer that does not provide a retirement plan, but has concerns about how the proposed program overlaps and connects with the Employee Retirement Income Security Act of 1974 (ERISA), the federal law that already governs the administration of private-sector retirement plans … More

ERIC’s Efforts Help to Advance HSA Improvement Legislation

The ERISA Industry Committee (ERIC) is pleased that the U.S. House of Representatives today came together and voted to pass H.R. 6199, the ‘Restoring Access to Medication and Modernizing Health Savings Accounts Act of 2018.’… More

ERIC Offers Guidance on Missing Plan Participants

ERIC sent a letter to Assistant Secretary of Labor Preston Rutledge encouraging the Department of Labor (DOL) to focus its efforts on developing guidance related to the challenge of employers locating missing retirement plan participants. The letter also asks that until guidance is provided, the DOL should stop issuing letters that allege an employer has committed a breach of fiduciary duty with respect to the practices utilized to locate missing retirement plan participants… More

ERIC Weighs in on National Paid Family and Medical Leave Law

The ERISA Industry Committee (ERIC) today submitted a statement for the record to the Senate Finance Subcommittee on Social Security, Pensions, and Family Policy, following its hearing on the importance of paid family and medical leave… More

ERIC is Working to Make Prescription Drugs More Affordable

The ERISA Industry Committee (ERIC) today submitted comments to the Department of Health and Human Services (HHS) in response to its request for information related to the HHS Blueprint to Lower Drug Prices and Reduce Out-of-Pocket Costs… More

ERIC Works to Bring Clarity to Mental Health Parity Laws

ERIC today filed comments with the Departments of Health and Human Services, Labor, and Treasury on mental health parity compliance. The comments focused on the time needed for plan sponsors to prepare for and come into compliance with new requirements, more stakeholder input on the processes, definitions, and interpretations by the agencies, and flexibility by the agencies in enforcing the MHPAEA rules… More

ERIC Provides Guidance on Determination Letter Program

ERIC continues to provide guidance to the U.S. Department of the Treasury and Internal Revenue Service on the determination letter program… More

ERIC Urges Michigan Governor to Repeal Tax on Health Care Claims

In place since 2012, the one percent tax on health insurance claims (of both insured and self-insured plans) was paid by plan administrators for medical services rendered in the state to Michigan residents. ERIC had long held that the tax violated a provision of the Employee Retirement Income Security Act (ERISA), which pre-empts state and local laws that relate to employee benefit plans… More

Employer Groups Call for Suspension of Tax Assessments and Repeal of the Employer Mandate

The ERISA Industry Committee (ERIC) joined a number of employer trade associations to call upon the U.S. Department of the Treasury, the Department of Health and Human Services, and the Internal Revenue Service to end the illegal enforcement of the Affordable Care Act’s employer mandate… More

ERIC Supports Pennsylvania Telehealth Legislation

The ERISA Industry Committee (ERIC) submitted testimony to the Pennsylvania State Senate in support of Senate Bill 780 (S. 780)… More

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Testimony

ERIC Submits Testimony on Pennsylvania Telemedicine 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 Pennsylvania… More

More Testimony