| The American Benefits Council is a founding member and serves on the steering committee of the National Coalition on Benefits, a group of employers and employer associations dedicated to working with Congress to preserve ERISA benefits. Additional information and resources are available on The NCB Web site. |
Health: ERISA Preemption
Legislative — proposals, bills and analysis from the 109th and 110th Congresses (2006-present)
Regulatory — administrative rules and information from U.S. offices and agencies
Judicial — current and past court cases and amicus briefs
Press Releases — Council statements and advisories to the news media
(Items in italic are available only to Council members.)
Official Source Documents
November 4, 2009 — Shadegg Media Statement, Amendment and Materials on ERISA Liability
October 26, 2009 — ERISA Remedies Bill (H.R. 3925) (McDermott)
July 17, 2009 — Education and Labor Committee ERISA Waiver Amendment to H.R. 3200 (Kucinich)
September 26, 2008 — Several Approaches to Reduce the Uninsured Act (H.R. 7129)
June 29, 2007 — Massachusetts Commonwealth Health Insurance Connector Authority Administrative Information Bulletin 02-07 regarding Section 125 plans
January 18, 2007 — Healthy Americans Act (S. 334)(Wyden)
January 17, 2007 —The Health Partnership Through Creative Federalism Act (H.R. 506)
January 20, 2007 — Bush administration proposal on health care taxes
Council Materials
March 15, 2010 — NCB Letter to OMB Regarding DOL NPRM on ERISA
November 4, 2009 — Council Analysis: Shadegg Amendment Would Increase Litigation, Health Costs and Leave Employers Vulnerable
July 7, 2008 — National Coalition on Benefits Letter Regarding S. 334
May 20, 2008 — National Coalition on Benefits Letter to Senate Finance Committee Regarding ERISA Preemption
April 15, 2008 — Council Chart of State and Local Health Care Initiatives
July 27, 2007 — Council Background Memo on ERISA Preemption
June 26, 2007 — Presentation Slides for Sandy Reynolds (The AIM Foundation)
May 22, 2007 — Testimony of Kevin Covert on Behalf of the Council Before the House HELP Subcommittee
May 18, 2007 — Group Letter to House Education and Labor HELP Subcommittee on ERISA Preemption
Official Source Documents
March 9, 2010 — OMB Abstract for Regulatory Review: Health Care Arrangements Established by State and Local Governments for Non-Governmental Employees
November 25, 2008 — Massachusetts Connector Administrative Bulletin 01-08, Minimum Creditable Coverage Certification
November 25, 2008 — Massachusetts Connector Minimum Creditable Coverage Certification Application
October 20, 2008 — Summary of Final Changes to the Massachusetts Minimum Credible Coverage (MCC) Regulation (courtesy of Parker Brown & Macaulay, P.C.)
October 20, 2008 — Final Massachusetts Minimum Credible Coverage (MCC) Regulation
February 8, 2008 — DOL Advisory Opinion 2008-02A Regarding Preemption of a Kentucky State Prohibition of Automatic Coverage
Council Materials
April 27, 2010 — Group Letter to OMB Urging Withdrawal of DOL Proposed Regulations on Definition of Welfare Plan
March 29, 2010 — Group Letter to OMB Regarding DOL ERISA Rulemaking
November 25, 2008 — Summary of Massachusetts Minimum Creditable Coverage Certification Process (Courtesy of Parker Brown & Macaulay, P.C.)
October 14, 2008 — Council Letter to Massachusetts Commonwealth Health Insurance Connector Authority Regarding Minimum Creditable Coverage
October 2, 2008 — Materials for Benefits Briefing on Massachusetts Health Reform
- Fair Share Contributions Proposed Regulations (August 8, 2008)
- Final Employer Fair Share Contribution Regulations (September 30, 2008)
- Parker Brown & Macaulay Summary of Final Fair Share Contribution Regulations
- AIM Testimony on Fair Share Contributions (September 5, 2008)
- Proposed Changes to Fair Share Contributions Requirement (September 18, 2008)
- Minimum Creditable Coverage Draft Regulations (August 2008)
- AIM Testimony on Minimum Creditable Coverage (September 9, 2008)
- Proposed Changes to Minimum Creditable Coverage Requirement (September 18, 2008)
Official Source Documents
May 28, 2010 — US Solicitor General Amicus Brief in GGRA v City of San Francisco
May 28, 2010 — Supplemental Brief for Petitioner in GGRA v City of San Francisco
March 9, 2009 — Ninth Circuit Decision Denying Rehearing in GGRA v. City of San Francisco
November 3, 2008 — DOL Amicus Brief in GGRA v. City and County of San Francisco
September 30, 2008 — U.S. Ninth Circuit Court of Appeals Decision in Golden Gate Restaurant Association v. City and County of San Francisco
March 28, 2008 — U.S. Department of Labor Amicus Brief in Golden Gate Restaurant Association v. City and County of San Francisco
January 10, 2008 — 9th Circuit Appeals Court Stay of Ruling on San Francisco Health Plan
January 2, 2008 — U.S. District Court Ruling on San Francisco Health Plan
July 16, 2007 — United States District Court for Eastern District Of New York Decision in RILA v. Suffolk County
January 17, 2007 — Fourth Circuit Appellate Decision in RILA v. Fielder
Council Materials
July 10, 2009 — Council Amicus Brief to U.S. Supreme Court in GGRA v San Francisco
October 31, 2008 — Council Amicus Brief in GGRA v. City and County of San Francisco
March 28, 2008 — Council Amicus Brief in Golden Gate Restaurant Association v. City and County of San Francisco
November 7, 2006 — Council Amicus Brief in RILA v. Fielder
Health
Health Care Reform (PPACA), General & Misc. Items
- Employer Shared Responsibility
- Market Reforms & Adult Child/Age-26 Coverage
- Preventive Care & Value-Based Design
- Quality Improvement & Delivery Reform
- Essential Benefits
- Tax & Revenue Issues
- Grandfathered Plans
- Claims and Appeals
- Summary of Benefits & Coverage
- Informational Reporting/W2
- Health Insurance Exchanges
- State Innovation
- Medical Loss Ratio & Mini-Med Plans
- Automatic Enrollment
- Wellness Programs
- Accountable Care Organizations
- Non-Discrimination
Consumer-Directed Plans (HSAs/FSAs/HRAs)
Health Information Technology & HIPAA Privacy
Retirement
Defined Contribution/ 401(k) Plan Reform
- Automatic Enrollment
- Investments
- Plan fees
- Taxation of Retirement Plans/Limits
- Funding Reform
- PBGC Deficit & Premiums
- Business Conduct Standards
Retirement Plan Administration
Other Issues
Tax Reform, Deficit Reduction & Federal Budget
- FACTA Issues
- FBAR Issues
- Puerto Rico Plans
- Non-Qualified Deferred Compensation
- Code Section 409(A), 457(A), 162(m) issues
- Say-on-Pay
