EWBPEnergetic Well-Being Process
EWBPEmployee Welfare Benefit Plan
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References in periodicals archive ?
If an employee leasing company does not act directly as an employer, than it may still be considered an EWBP if it acts "indirectly in the interest of an employer." The Department of Labor has avoided this issue, stating that finding these companies to be self-insured MEWAs is sufficient to permit state regulation.
The issue of ERISA preemption centered on whether the plan constituted an EWBP based on its being an "employee organization." Blue Cross maintained that it was not an EWBP and therefore not subject to ERISA.
Even if the trust had otherwise met the requirements of being a form of EWBP, the court continued, it nevertheless would not be exempt because the Secretary of Labor had not found the agreements to be collectively bargained as required by Section 3(40)(A)(i) of ERISA.(20)
Finally, if the benefit plan is not an EWBP, liability will be predicated on any appropriate state tort, contract or statutory claim.
1986) (participation in trust by non-union members destroys its status as EWBP, even though non-union members were employees of employers whose unionized employees were covered); State of Texas v.
Where ERISA preempts state law, there is no requirement to post reserves, and ERISA does not contain a funding requirement for self-insured EWBPs. Since there is no state regulation of self-insured EWBPs, self-insured employers do not have to comply with state insurance regulation.