# 2026-00338: DOL Seeks Feedback on Retirement Plan Coverage Forms

2026-00338, Agency Information Collection Activities; Submission for OMB Review; Comment Request; Petition for Finding Under the Employee Retirement Income Security Act Section 3(40), is a Federal Register notice from Labor Department published 2026-01-12, effective The OMB will consider all written comments that the agency receives on or before February 11, 2026. (as of 2026-06-08).

- Canonical: https://policyrisk.com/federal-register/2026-00338
- As of: 2026-06-08
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Document number: 2026-00338
- Title: Agency Information Collection Activities; Submission for OMB Review; Comment Request; Petition for Finding Under the Employee Retirement Income Security Act Section 3(40)
- Type: Notice
- Agencies: Labor Department
- Citation: 91 FR 1199
- Published: 2026-01-12
- Effective: The OMB will consider all written comments that the agency receives on or before February 11, 2026.
- Comments close: 2026-02-11
- Significant: no
- Touches household money: no
- Regulation identifier numbers: none
- Last updated: 2026-06-08

## In one line

DOL Seeks Feedback on Retirement Plan Coverage Forms

## 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!

## Abstract

The Department of Labor (DOL) is submitting this Employee Benefits Security Administration (EBSA)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.

## Effects PRIA read

- MEWA classification may trigger state rules: cost, medium. 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…
- Paperwork burden to petition for a 3(40) finding: cost, medium. 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…

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## Sources
- [2026-00338 on federalregister.gov](https://www.federalregister.gov/documents/2026/01/12/2026-00338/agency-information-collection-activities-submission-for-omb-review-comment-request-petition-for)
- [2026-00338 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2026-01-12/pdf/2026-00338.pdf)

## Related
- [Previous: 2026-00337, Petition for Modification of Application of Existing Mandatory Safety Standards](https://policyrisk.com/federal-register/2026-00337)
- [Next: 2026-00339, Petition for Modification of Application of Existing Mandatory Safety Standards](https://policyrisk.com/federal-register/2026-00339)
- [All Federal Register documents](https://policyrisk.com/federal-register)

Source: PRIA, https://policyrisk.com/federal-register/2026-00338 (as of 2026-06-08).