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House Education and Workforce Committee Letter to DOL Inspector General Questioning EBSA Sharing of Confidential Retirement Plan Information with Plaintiffs' Attorney (PDF)

"The Committee on Education and the Workforce (Committee) has learned that the Department of Labor (DOL) shared confidential information involving at least six employee benefit pension plans with a plaintiffs' attorney.... DOL appears to be working in concert with plaintiffs' attorneys to circumvent the discovery protections of the FRCP by conducting a fishing expedition under the guise of an EBSA investigation and then supplying confidential information to plaintiffs' attorneys for use in private litigation against plan fiduciaries.... EBSA must immediately take steps to protect the confidentiality of information gathered during investigations and to reassure employee benefits plan fiduciaries that their cooperation during investigations will not lead to coercive actions from plaintiffs' attorneys."

House Committee on Education and the Workforce Advances Reforms to Expand Affordable Health Care Coverage for Working Families

"The three bills approved by the committee [on March 7] are: [1] The Small Business Health Fairness Act (H.R. 1101), [which] would empower small businesses to band together through association health plans to negotiate for lower health insurance costs on behalf of their employees.... [2] The Self-Insurance Protection Act (H.R. 1304), [which] would reaffirm long-standing policies to ensure employers can continue to offer workers flexible, more affordable health care plans through self-insurance.... [3] The Preserving Employee Wellness Programs Act (H.R. 1313), [which] would provide employers the legal certainty they need to offer employee wellness plans, helping to promote a healthy workforce and lower health care costs."

House Education and the Workforce Committee Hearing: Legislative Proposals to Improve Health Care Coverage and Provide Lower Costs for Families

Held March 1, 2017. Page includes links to video webcast, written testimony by invited witnesses, and text of legislative proposals.

Statement by House Education and Workforce Committee Chairman on PBGC Multiemployer Pension Reports

"The bipartisan Multiemployer Pension Reform Act provides the tools necessary to save plans from insolvency and protect retirees from losing everything. When trustees are denied the opportunity to use those tools, the risk to workers, taxpayers, and retirees grows greater. [The PBGC report] is a reminder of the urgent need to enact additional reforms to strengthen multiemployer pensions, reforms that would modernize the system for workers and provide PBGC additional resources to meet its obligations."

Provision Regarding PBGC Premiums, as Passed by House Education and the Workforce Committee (PDF)

8 pages. Excerpt: AMENDMENT IN THE NATURE OF A SUBSTITUTE TO THE COMMITTEE PRINT OFFERED BY MR. BOEHNER OF OHIO

House Committee on Education and the Workforce Seeks Feedback on ERISA

"[On] January 22, the House Committee on Education and the Workforce issued an RFI on 'ways to build upon and strengthen ERISA' in the lead-up to the law's 50th anniversary in September. The Committee noted that employer-sponsored health insurance, as the core of the American healthcare system, has been heavily impacted by rising health costs, leading to higher premiums, reductions in benefits, and less coverage held by small businesses.... [T]he Committee seeks feedback on several issues to explore ways of increasing affordability of coverage and quality of care.... Responses to its RFI must be submitted by March 15, 2024."

Testimony of Phyllis C. Borzi, Asst Secretary of Labor, EBSA, before House Committee on Education and the Workforce, Subcommittee on Health, Employment, Labor, and Pensions, July 26, 2011

[A]s we further develop our thinking in this rulemaking, we are paying special attention to the two primary exceptions to fiduciary status under the proposed rule: (1) clarifying the difference between investment education that does not give rise to fiduciary status and fiduciary investment advice; and (2) clarifying the scope of the so-called 'sellers' exception' under which sales activity is not fiduciary advice.

House Education and Workforce Committee Approves H.R. 2830, with Amendments

Excerpt: The House Committee on Education and the Workforce approved the Pension Protection Act (H.R. 2830) on June 30, with 27 Republicans voting in favor of the measure and 22 Democrats voting 'present.' The bill was approved with a number amendments, .[.]

Key Features of Tri-Committee Health Reform Draft Proposal in U.S. House of Representatives (PDF)

4 pages. Excerpt: President Obama's Commitment: The Tri-Committee bill fulfills the President's commitment to health care reform via legislation that: Reduces costs; Protects current coverage and preserves choice of doctors, hospitals and health plans; and Ensures affordable, quality health care for all.

ERIC Response to House Committee on Education and the Workforce RFI on Ways to Strengthen ERISA (PDF)

"ERIC continues to support congressional efforts to designate that vendors involved in critical plan design and administration decisions, including an entity providing pharmacy benefit management services, are fiduciaries within the meaning of section 3(21) of ERISA with respect to a group health plan or group health insurance coverage.... Transparency is needed regarding PBM compensation sources.... There are multiple frameworks and standards that health plan sponsors and ERISA fiduciaries already comply with and use to protect sensitive plan and participant data.... The introduction of new or broadened requirements under ERISA would be redundant and would contribute to further complexity and administrative costs."

American Benefits Council Response to House Committee on Education and the Workforce RFI on Ways to Strengthen ERISA (PDF)

"Preemption is fundamental to ERISA working as intended.... [T]he Council recommends to the committee that additional detail be added to ERISA's prohibited transaction rules as they pertain to health plans ... to require plan service providers ... to disclose to the plan and the plan fiduciary in advance of services being provided both the affiliate status of the party/provider and ... the cost that will be charged with respect to any services being provided by the affiliate."

CAHC Response to House Committee on Education and the Workforce RFI on Strengthening ERISA (PDF)

"CAHC believes Congress should instead strengthen ERISA by [1] expanding options for employers and their employees; [2] providing financial incentives to ensure employer coverage remains viable; and [3] enacting policies to lower the cost of health services and drugs to reduce premiums and out-of-pocket costs."

Summary: Pension Protection Act, H.R. 2830, as Passed by House Education and Workforce Committee (PDF)

10 pages. Excerpt: The bill replaces the current funding rules with new funding rules. Generally, these new rules require contributions equal to the 'target normal cost' of the plan for the plan year and require amortization of any underfunding over a 7-year period. This is substantially shorter than current law normal funding rules. The bill eliminates the higher deficit reduction contribution required for underfunded plans, but the benefit liability amount that plans have to[.]

Testimony on Pension Funding Reform before the House Committee on Education and the Workforce (PDF)

12 pages. Excerpt: We agree that reforms are needed to revitalize and support the defined benefit pension system. It is critical that these reforms focus on our ultimate goal: retirement security.

Education and the Workforce Committee Passes Landmark Health Care Package

"The package includes four bills: [1] Transparency in Billing Act [HR 4509] ... [2] Transparency in Coverage Act [HR 4507] ... which provides consumers with price transparency for medical services and prescription drugs [and] brings much needed light to Pharmacy Benefit Managers' (PBMs) business practices ... [3] Health DATA Act [HR 4527] ... Ensures health plan fiduciaries are not contractually restricted from receiving cost or quality of care information about their plan. [4] Hidden Fee Disclosure Act [HR 4508] ... Strengthens requirements that PBMs and Third-Party Administrators (TPAs) disclose compensation to plan fiduciaries."

Committee on Education and the Workforce Letter to PBGC Following OIG Risk Advisory on Administration of SFA Program (PDF)

"It appears PBGC is ignoring the serious nature of the risk advisory by continuing to approve supplemented SFA applications without a contingency plan if the agency is found to be making improper payments."

U.S. House Committee Leaders Respond to Reports on Multiemployer Pension System

"Bipartisan leaders on the U.S. House Education and the Workforce Committee responded today to three reports on the nation's multiemployer pension system. The reports provide a broad examination of the challenges facing the pension system responsible for providing retirement benefits to more than 10 million individuals."

Coalition Letter to House Education and Workforce Supporting E-Delivery as a Means of Strengthening ERISA (PDF)

"[The authors] appreciate the Committee's ongoing engagement with the Tri-Agencies to prioritize rulemaking that would enable ERISA health and welfare plans to use electronic delivery (e-delivery) as a default means for providing plan communications. This important step would create consistency and alignment in a manner similar to the 2020 E-Delivery Safe Harbor for Employee Pension Benefit Plans."

U.S. House Committee Investigates Role of Worker Centers in Obamacare Enrollment

"Right now navigators with strong ties to labor unions are collecting sensitive information with questionable safeguards. Congress has a responsibility to ensure individuals' privacy is protected and contact with an ObamaCare navigator doesn't lead to a phone call from union organizers."

Employers Council on Flexible Compensation Comment Letter to Chairman of U.S. House of Representatives Committee on Ways & Means, on Repealing 'Use-It-Or-Lose-It' for Health FSAs (PDF)

"Under the use it or lose it rule, health care FSA participants must either use all of their FSA dollars or forfeit them at the end of the plan year. ECFC has long supported efforts to overturn this rule either through legislative action such as the cash-out approach envisioned in the bipartisan H.R. 1004, the Medical FSA Improvement Act, or a 'roll over' put in place through regulatory action, which we fully believe the Administration has the authority to undertake."