"DOL takes the position that a state government could set up what would be called an 'open MEP,' a multiple employer plan for employers that have no common interest, purpose, or ownership. This is something that DOL has expressly and aggressively forbidden in such recent guidance as Advisory Opinion 2012-04A.... There are also legitimate questions to be asked about the alternative DOL-approved options for state-coordinated ERISA plans.... [Do] we want state governments deciding which service providers they will favor by including then in a state-approved retirement plan 'marketplace?' Do we want a state to sponsor a prototype plan document and offer it directly to employers, essentially competing with private sector firms that offer prototype documents and the services that go with them?"

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