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DOL/EBSA RIN: 1210-AC16 Publication ID: Spring 2023 
Title: Definition of 'Employer' Under Section 3(5) of ERISA-Association Health Plans 

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.

Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
CFR Citation: 29 CFR 2510.3-3, -5   
Legal Authority: 29 U.S.C. 1002    29 U.S.C. 1135   
Legal Deadline:  None
Action Date FR Cite
NPRM  08/00/2023 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Jeffrey J. Turner
Deputy Director, Office of Regulations and Interpretations
Department of Labor
Employee Benefits Security Administration
Room N5669, 200 Constitution Avenue NW, FP Building, Room N-5655,
Washington, DC 20210
Phone:202 693-8500