In this rulemaking, the Department of Labor’s Employee Benefits Security Administration (EBSA) will explore whether to withdraw, or withdraw and replace, its regulation at 29 CFR 2510.3-5,  published as a final rule in 2018, which established an alternative set of criteria for determining when an employer association may act indirectly in the interest of an employer under section 3(5) of the Employee Retirement Income Security Act (ERISA) for purposes of establishing a multiple employer group health plan.  The United States District Court for the District of Columbia vacated portions of the final rule in a 2019 decision in New York v. United States Department of Labor, 363 F. Supp. 3d 109 (D.D.C. 2019).  EBSA will reevaluate the criteria for a group or association of employers to be able to sponsor a multiple employer group health plan.