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Court Rulings

protected content Victory! Supreme Court Reverses Circuit in Major Retiree Health Case

Just a quick note to let you know that our amicus brief last year in CNH Industrial v. Reese was successful! ERIC’s brief was the only one that called on the Supreme Court to completely reverse the 6th Circuit, and instead rule in keeping with the Tackett cases that established the rules surrounding retiree health coverage and collective bargaining agreements… More

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Judicial Documents

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

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Letters to Congress

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

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

ERIC’s Letter to U.S. Senate on Lifetime Income Disclosure Act

We strongly support the Retirement Enhancement & Savings Act (RESA), and encourage you to advance this legislation in the Omnibus package currently being debated-with one critical modification relating to the Lifetime Income Disclosure Act (LIDA) mandate… More

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

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Press Releases

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

ERIC Settles Lawsuit Against Oregon Retirement Savings Board, Secures Exemption for ERIC Members

ERIC has settled its lawsuit against the Oregon Retirement Savings Board (OSRB). ERIC sued the OSRB last October for violating the Employee Retirement Income Security Act of 1974 with the employer reporting requirement imposed by its state-run mandatory retirement plan, OregonSaves… More

ERIC Asks For Pay Parity Change in Connecticut Telehealth Legislation

ERIC has asked the Connecticut General Assembly Joint Committee on Public Health to eliminate provisions in House Bill 5299 that would artificially inflate the cost of telemedicine by imposing government requirements on reimbursement rates… More

ERIC and Broad Coalition Push Health Savings Account Reforms for Omnibus

ERIC has teamed with a diverse coalition of partners to promote a bipartisan legislative package to fix longstanding challenges with Health Savings Accounts (HSAs) and high-deductible health plans… More

Congress Must Act Now to Update HSA Policies

The ERISA Industry Committee (ERIC) strongly endorses the Bipartisan HSA Improvement Act of 2018, and calls on both the United States Senate and House of Representatives to move swiftly to enact the bill’s broadly-supported updates to Health Savings Accounts (HSAs) and the HSA Flexible Health Plans that go with them… More

ERIC Supports the Retirement Savings Lost and Found Act

ERIC supports Senator Elizabeth Warren’s (D-MA) introduction of the “Retirement Savings Lost and Found Act,” which would create a central database allowing current and soon-to-be retirees to view the location of their retirement funds. It also provides needed guidance to employers on the steps that must be taken to locate former employees who are still vested in the company’s retirement plan… 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

ERIC’s Written Testimony on New Jersey’s Paid Sick Leave Bill

The ERISA Industry Committee (“ERIC”) appreciates the opportunity to submit written testimony for Assembly Bill 1827 (“A1827”), which would provide paid sick leave to employees in New Jersey… More

ERIC’s Testimony to the New Jersey Assembly on State’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 New Jersey’s individual health insurance market through a reinsurance program… More

ERIC’s Testimony to the New Jersey Senate on State’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 New Jersey’s individual health insurance market through a reinsurance program… More

ERIC Asks For Pay Parity Change in Connecticut Telehealth Legislation

ERIC has asked the Connecticut General Assembly Joint Committee on Public Health to eliminate provisions in House Bill 5299 that would artificially inflate the cost of telemedicine by imposing government requirements on reimbursement rates… More

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

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