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Will Association MEPs Be DOA?
DWC Apr. 8, 2019
"[T]he proposed regulation that would expand the available of 401(k) MEPs to associations uses language that is almost identical to what the [District] Court invalidated in [its ruling about Association Health Plans]. Since those same definitions apply to both health and retirement plans, logic suggests that DOL will either have to go back to the drawing board or wait to finalize the association retirement plan rules pending further appeal of this decision (which could take years). Alternatively, the DOL could consider removing associations from the proposed rule and finalizing it only with respect to PEOs."
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