Washington, D.C., May 12, 2025 – Today, The ERISA Industry Committee (ERIC) released the following statement in response to the Department of Justice announcement that the Trump Administration will stay enforcement of the final rule issued under the Biden Administration related to requirements under the Mental Health Parity Act and Equity Addiction Act (MHPAEA) implementing the Consolidated Appropriations Act of 2021.
Miscellaneous Archives:
ERIC Applauds OMB Effort to Cut Cumbersome, Outdated Regulations
The ERISA Industry Committee (ERIC) today submitted recommendations to The Office of Management and Budget (OMB) in response to its “Request for Information: Deregulation.” This Request for Information (RFI) from OMB asks for submissions to identify, “regulations that stifle American businesses and American ingenuity.” A statement regarding the RFI can be found below and is attributable to ERIC President and CEO James Gelfand.
ERIC Alert: New Prescription Drug Law Could Raise Costs and Limit Access for Arkansas Workers and Families
Washington, D.C., April 29, 2025 – This month, Arkansas Governor Sarah Huckabee Sanders signed into law HB 1150, a bill that prohibits any and all pharmacies owned by or affiliated with a pharmacy benefit manager (“PBM”) from receiving a permit for the retail sale of drugs or medicines in Arkansas.
ERIC Applauds Legislation Bringing Transparency and Accountability to the Employee Benefit Security Administration
Washington, D.C., April 29, 2025 – Today, The ERISA Industry Committee (ERIC) praised the recent introduction of two bills aimed at reforming the practices of the Employee Benefit Security Administration (EBSA), a subagency of the Department of Labor (DOL). Under the Employee Retirement Income Security Act of 1974 (ERISA), EBSA has significant enforcement responsibilities for workers, retirees, and their families who rely on these plans.
Employers Alarmed by Supreme Court Decision that May Trigger Frivolous Litigation Tsunami
Washington, D.C., April 18, 2025 – Today, Tom Christina, Executive Director of the ERIC Legal Center released the statement below in response to a decision issued Thursday by the U.S. Supreme Court. In Cunningham v. Cornell, the Court made it more cumbersome for courts to dismiss allegations that a benefit plan engaged in a “prohibited transaction” under the Employee Retirement Income Security Act.
ERISA Victory: ERIC Applauds Court Ruling Upholding Employers’ Rights to Design Employee Benefit Plans
Washington, D.C., April 2, 2025 – On Monday, the U.S. District Court for the Eastern District of Tennessee granted a motion for summary judgment in McKee Foods Corporation v. BFP, Inc. The court agreed with McKee Foods that the Employee Retirement Income Security Act preempts key provisions of Tennessee’s law requiring that employers include “any willing pharmacy” in the networks maintained by the pharmacy benefit plans employers sponsor for workers and their families.
ERIC Urges Treasury to Continue Prioritizing Simplicity in SECURE 2.0 Rulemaking
The ERISA Industry Committee (ERIC) recently submitted comments on two separate proposed rulemakings in connection with the SECURE 2.0 Act of 2022 (SECURE 2.0) – one on retirement plan “catch-up contributions” and the other on the mandate for newly-established plans to automatically enroll participants.
ERIC Cautions Texas Health Care Legislation Raises ERISA Preemption Concerns
Washington, D.C., March 10, 2025 – The ERISA Industry Committee (ERIC) last week wrote to Chair Kolkhorst and Members of the Texas Senate Committee on Health and Human Services expressing concerns that state policies, such as those proposed by SB 1122, would interfere with the design and administration of self-funded health benefit plans governed by the federal Employee Retirement Income Security Act of 1974 (“ERISA”). Given the rising cost of prescription drugs and the growing interest in regulating pharmacy benefit managers (PBMs), ERIC urged the Committee to address the ERISA preemption issues raised by SB 1122 to avoid legal challenges seen in other states. An ERIC statement can be found below and is attributable to Dillon Clair, Director of State Advocacy for ERIC.
ERIC and Employer Coalition Urges Court to Safeguard Integrity of ERISA
Washington, D.C., February 27, 2025 – The ERISA Industry Committee (ERIC) and coalition allies yesterday filed an amicus brief urging the U.S. Court of Appeals for the Sixth Circuit to uphold a previous decision issued by the U.S. District Court for the Western District of Tennessee in Robert Watt, et al v. FedEx Corporation, et al (Watt).
ERISA Industry Committee Urges Court to Dismiss Case that Paves a Pathway to Frivolous Litigation
Washington, D.C., February 27, 2025 – The ERISA Industry Committee (ERIC) yesterday filed an amicus brief in the U.S. District Court of the Northern District of New York supporting Defendant’s motion to dismiss in Bueno v. General Electric (Bueno).