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Is a Change in MEP Rules Imminent?
The Business of Benefits
Nov. 16, 2017
"On November 14, [OMB] received from the DOL a proposed rule which would broaden the definition of employer under ERISA to allow more businesses to join association health plans.... [The DOL's position in Advisory Opinion 2012-04A was] that it had no authority to redefine [the] historical definition of employer it developed for MEWA purposes merely for retirement plan purposes, that it was bound by the statute to apply the same 'employer' definition to both health plans and retirement plans. Does this mean that the new proposed definition of 'employer' will, necessarily, by operation of statute, be expanded for retirement plan purposes as well?"
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