ERISA (B) Subgroup
March 30, 2008

The ERISA (B) Subgroup met on Sunday, March 30, 2008.

During this meeting, the ERISA Subgroup:

• The Subgroup released for comment the Draft Regulator Alert -- Department of Labor Advisory Opinions 2007-06A When is a MEWA Fully Insured? Comments on this alert are requested by April 30, 2008 and should be emailed to Jennifer Cook (NAIC Staff) at jcook@naic.org.

• The Subgroup released for comment the Draft Regulator Alert – State Laws Giving Professional Employer Organizations (PEO’s) The Legal Status of Employer of Client Employers’ Workforce Can Open the Door to ERISA Preemption and State Law Challenges to State Restrictions on PEO’s Self Funding of Health Benefits. Comments on this alert are requested by April 30, 2008 and should be emailed to Jennifer Cook (NAIC Staff) at jcook@naic.org.

• Met in Regulator-to-Regulator Session to discuss ongoing federal and state investigations into unauthorized MEWAs.

Action Items:

1. The Subgroup released for comment the Draft Regulator Alert -- Department of Labor Advisory Opinions 2007-06A When is a MEWA Fully Insured?
2. The Subgroup released for comment the Draft Regulator Alert – State Laws Giving Professional Employer Organizations (PEO’s) The Legal Status of Employer of Client Employers’ Workforce Can Open the Door to ERISA Preemption and State Law Challenges to State Restrictions on PEO’s Self Funding of Health Benefits.