2026-00338Notice

DOL Seeks Feedback on Retirement Plan Coverage Forms

Published Date: 1/12/2026

Notice

Summary

The Department of Labor is asking for public feedback on a form that helps decide if certain employee benefit plans are covered by special rules. This affects companies offering benefits to workers from multiple employers and could change how these plans follow state insurance laws. Comments are open until February 11, 2026, so don’t miss your chance to weigh in!

Analyzed Economic Effects

2 provisions identified: 0 benefits, 2 costs, 0 mixed.

MEWA classification may trigger state rules

If your employee benefit plan is a multiple employer welfare arrangement (MEWA) under ERISA Section 3(40), it is generally subject to state insurance law under Section 514(b)(6) of ERISA. The Department of Labor’s rules at 29 CFR 2510.3-40 and adjudication procedures at 29 CFR part 2570, subpart H govern how an entity can seek a Secretary determination.

Paperwork burden to petition for a 3(40) finding

To seek a Secretary determination under Section 3(40) of ERISA, an entity must file a petition with an Administrative Law Judge including party identification, evidence, and affidavits. The Department estimates this information collection will have 1 respondent, require 37 hours of time, and incur $10 in other annual costs; DOL requests OMB approval and invites public comments by February 11, 2026.

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Key Dates

Published Date
Comments Due
1/12/2026
2/11/2026

Department and Agencies

Department
Independent Agency
Agency
Labor Department
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