Comment Letters - American Benefits Council

Publications and Resources

Comment Letters

The Council regularly submits comment letters in response to proposed rules and legislation to ensure that the perspective of employer plan sponsors are comprehensively and effectively represented.

For more information on the Council's comment letter program, contact Jan Jacobson, senior counsel, retirement policy, or Kathryn Wilber, senior counsel, health policy, at (202) 289-6700.

Note: Letters are also available on the applicable issue pages.

Wednesday, January 6, 2021
Council Letter to PBGC Regarding Missing Participants Guidance: Council Letter to PBGC Regarding Missing Participants Guidance

Tuesday, January 5, 2021
Council Letter to HHS/DOL/Treasury Regarding COVID-19 Vaccine Coverage: In written comments to key regulatory agencies, the American Benefits Council shared employer concerns and recommendations for policies related to COVID-19 vaccine coverage, now that distribution of the vaccine has begun in earnest.

Tuesday, December 1, 2020
Letter to Congress: Enact Comprehensive Surprise Billing Reform: As the U.S. Congress is working to fund the government beyond the December 11 deadline, the Council is pushing for "surprise billing" protections to be included in the new budget. The Council has long advocated against the practice of "surprise billing" which happens after a patient receives services at out-of-network facilities in emergencies and/or is treated with out-of-network services at an in-network facility

Tuesday, November 24, 2020
Letter to Congress: Facilitate Access to Worksite Health and Wellness Centers: The Council joined with the nation's largest providers of worksite employee health centers and the employers who sponsor them in writing a letter to the U.S. Congress advocating for increased access to worksite health and wellness centers in the wake of the COVID-19 pandemic.

Monday, November 16, 2020
Council Letter to DOL/EBSA Regarding Interim Final Rule on Lifetime Income Illustrations: Council Letter to DOL/EBSA Regarding Interim Final Rule on Lifetime Income Illustrations

Monday, October 5, 2020
Council Comments to DOL/EBSA Regarding Fiduciary Duties, Proxy Voting and Shareholder Rights: Council Comments to DOL/EBSA Regarding Fiduciary Duties, Proxy Voting and Shareholder Rights

Monday, October 5, 2020
Council Comments to HHS Regarding Proposed Regulations on Medicare 2021 Hospital Outpatient Prospective Payment Systems: On October 5, the Council submitted a comment to the Department of Health and Human Services (HHS) and the Centers for Medicare and Medicaid Services (CMS) on the proposed annual Medicare regulation regarding the hospital outpatient prospective payment system and quality reporting programs, among other topics. Although the rule is specific to Medicare and covers a number of topics outside the purview of employer plan sponsors, it addresses two issues of interest to the Council and to plan sponsors, that is, quality reporting and site-neutral payment reform. This was also an opportunity for the Council to weigh in on a topic related to our efforts to address the social determinants of health.

Wednesday, September 30, 2020
Council Comments to DOL/EBSA Regarding Proposed Registration Requirements for Pooled Plan Providers: The American Benefits Council suggested a number of modifications to the U.S. Department of Labor's (DOL) proposed regulations establishing registration requirements for pooled plan providers (PPPs) that operate pooled employer plans (PEPs).

Wednesday, September 16, 2020
Council Letter to HHS Regarding Good Guidance Practices: Council Letter to HHS Regarding Good Guidance Practices

Friday, September 11, 2020
Comment letter to DOL Women's Bureau Regarding Paid Leave: Comment letter to DOL Women's Bureau Regarding Paid Leave

Monday, August 10, 2020
Council Comments to IRS on Proposed Regulations Regarding Certain Medical Care (Direct Primary Care) Arrangements: On August 10 the American Benefits Council submitted written comments on proposed regulations by the U.S. Treasury Department and the Internal Revenue Service (IRS) regarding direct primary care (DPC) arrangements. The Council's comments express support for DPC arrangements, identifies barriers to DPC arrangements and requests clarification on the interaction of DPC arrangements and account-based plans.

Monday, August 10, 2020
Council Comments to IRS on Proposed Regulations Tax on Excess Tax-Exempt Organization Executive Compensation: Council Comments to IRS on Proposed Regulations Tax on Excess Tax-Exempt Organization Executive Compensation

Friday, July 31, 2020
Council Letter to PBGC Regarding Guidance on Funding Delay: In communications with the Pension Benefits Guaranty Corporation (PBGC), the American Benefits Council is recommending an important modification to recent question-and-answer guidance addressing plan sponsor obligations under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.

Thursday, July 30, 2020
Council Letter to DOL/EBSA Regarding Proposed Regulations on ESG Factors in Selecting Plan Investments: On behalf of the American Benefits Council ("the Council"), we are submitting this comment with respect to the above-referenced proposed regulation issued by the U.S. Department of Labor (DOL). This proposal would make changes to the DOL's 1979 regulation which explains how a fiduciary will satisfy his or her obligations under ERISA Section 404(a)(1)(B) with regard to an investment or an investment course of action. The proposal would also place new requirements on the use of environmental, social and corporate governance ("ESG") factors in investment decisions and on the use of ESG funds in participant-directed defined contribution plans.

Friday, July 24, 2020
Council Comments to DOL/EBSA on Proposed Updates to 2020 MHPAEA Self-Compliance Tool: On July 24, the Council submitted comments to the Department of Labor ("DOL") on recent proposed updates to DOL's mental health parity self-compliance tool, which is intended to help group health plans and insurers and other stakeholders determine whether a plan or coverage is in compliance with the federal mental health parity requirements.

Wednesday, July 22, 2020
Council Letter to IRS Regarding Excess Assets from Overfunded Welfare Benefit Funds: In a July 22 letter to the Internal Revenue Service (IRS), the American Benefits Council urged the agency to allow companies to repurpose excess assets from overfunded welfare benefit funds (such as voluntary employees' beneficiary associations (VEBAs)) without being subject to a 100% excise tax.

Monday, July 20, 2020
Council Letter to DOL/EBSA Regarding Prohibited Transactions Involving Pooled Employer Plans under SECURE Act: On June 20, the American Benefits Council submitted comments with respect to a Request for Information (RFI) issued by the Department of Labor (DOL) regarding prohibited transactions involving (1) the pooled employer plans ("PEPs") and (2) other multiple employer plans ("MEPs"). Our comment relates to PEPs, other MEPs, and single-employer plans.

Thursday, March 12, 2020
Council Letter to Oklahoma Department of Securities regarding Proposed Fiduciary Regulations: Council Letter to Oklahoma Department of Securities regarding Proposed Fiduciary Regulations

Friday, February 28, 2020
Council Comments on HHS Proposed 2021 Notice of Benefit and Payment Parameters: Council Comments on HHS Proposed 2021 Notice of Benefit and Payment Parameters

Tuesday, February 25, 2020
Council Comments to California Attorney General Regarding Modifications to Proposed Rules on California Consumer Privacy Act: The Council supports the Attorney General's modification to the proposed rules that specifically defines "employment-related information" as a separate category of personal information. The proposed definition includes employment-related information collected for the purpose of administering employment benefits and further defines "employment benefits."

Tuesday, February 18, 2020
Council Comments to IRS Regarding Proposed Regulations Under Internal Revenue Code Section 162(m): Council Comments to IRS Regarding Proposed Regulations Under Internal Revenue Code Section 162(m)

Thursday, February 6, 2020
Council Letter Outlining Recommendations for Pooled Employer Plans under SECURE Act to to the U.S. Department of Labor (DOL) Employee Benefits Security Administration (EBSA) on February 6, 2020: Council Letter Outlining Recommendations for Pooled Employer Plans under SECURE Act to to the U.S. Department of Labor (DOL) Employee Benefits Security Administration (EBSA) on February 6, 2020

Wednesday, January 29, 2020
Consumers First Comments to Trump Administration Regarding Transparency in Coverage Proposed Regulations: Consumers First Comments to Trump Administration Regarding Transparency in Coverage Proposed Regulations

Wednesday, January 29, 2020
Council Letter to Trump Administration Regarding Transparency in Coverage Proposed Regulations: WASHINGTON, DC – In written comments filed on January 29, the American Benefits Council applauded the Trump Administration for "taking steps intended to increase price transparency in order to reduce health care costs" and offered a number of recommendations to mitigate "the increased burden and liability imposed by certain aspects of the proposed regulations on employer plans."

Monday, January 6, 2020
Council Comments to IRS Regarding Proposed Life Expectancy and Distribution Period Tables: The American Benefits Council writes in support of the proposed update of the life expectancy and distribution period tables ("Life Expectancy Tables") used for purposes of determining required minimum distributions under Internal Revenue Code Section 401(a)(9).

Monday, January 6, 2020
Council Letter to Massachusetts Securities Division Regarding Proposed Fiduciary Conduct Standard: On January 6, the Council submitted a new set of comments on the revised rules, again urging state regulators to exclude ERISA-covered plans, participants and beneficiaries from the scope of any forthcoming state-level fiduciary duty rules. "Not only is this approach consistent with sound public policy, but it is also clear that federal law clearly preempts any state regulation designed to impose fiduciary duties on financial professionals with regard to their interactions with ERISA-covered plans, participants and beneficiaries," the letter said.

Monday, January 6, 2020
Council/Davis & Harman LLP Letter to Colorado Secure Savings Plan Board Regarding Study of Retirement Savings Plan Options for Colorado's Private-Sector Workers: Submitted on January 6, these written comments outlined the appropriate features of a state- or city-run auto-IRA program, the importance of exempting all employers that offer a retirement plan and the potential impact of ongoing litigation in California.

Friday, December 27, 2019
Council Comments to IRS Regarding Proposed Regulations on the Application of the Employer Shared Responsibility Provisions and Certain Nondiscrimination Rules to Health Reimbursement Arrangements and Other Account-Based Group Health Plans Integrated With Individual Health Insurance Coverage or Medicare: Council Comments to IRS Regarding Proposed Regulations on the Application of the Employer Shared Responsibility Provisions and Certain Nondiscrimination Rules to Health Reimbursement Arrangements and Other Account-Based Group Health Plans Integrated With Individual Health Insurance Coverage or Medicare

Tuesday, December 3, 2019
Council Letter to Treasury/DOL/HHS Regarding Drug Manufacturers' Coupons and the Annual Limitation on Cost-Sharing under HHS Notice of Benefit and Payment Parameters for 2021: In a December 3 letter to U.S. regulatory officials, the American Benefits Council again requested that health plans and issuers be permitted to disregard the value of drug manufacturers' coupons when administering the annual limitation on cost-sharing, regardless of the availability of a generic equivalent.

Friday, November 22, 2019
Council Comment Letter to PBGC Regarding Proposed Rule on Lump Sum Payment Assumptions: Council Comment Letter to PBGC Regarding Proposed Rule on Lump Sum Payment Assumptions (November 22, 2019)

Friday, November 22, 2019
Council Letter to DOL Regarding Electronic Disclosure by Employee Pension Benefit Plans Under ERISA (November 22, 2019): Council Letter to DOL Regarding Electronic Disclosure by Employee Pension Benefit Plans Under ERISA (November 22, 2019)

Tuesday, October 29, 2019
Council Letter to DOL/EBSA Regarding Open MEPs and Other Issues under Section 3(5) of ERISA: In October 29 written comments to the U.S. Department of Labor (DOL) Employee Benefits Security Administration (EBSA), the American Benefits Council offered strong support for final regulations that would expand access to multiple employer plans (MEPs) and encouraged the agency to use its authority to further expand the use of MEPs by reducing some of the regulatory constraints that still remain.

Tuesday, October 1, 2019
Council Request to Testify at Treasury/IRS Hearing on Multiple Employer Plans: On behalf of the American Benefits Council ("the Council"), I am writing to: (1) request a hearing on the proposed multiple employer plan (MEP) modifications published by the Department of the Treasury and Internal Revenue Service (IRS) on July 3, 2019, and (2) request the opportunity for a Council representative to testify at the hearing.

Monday, September 30, 2019
Council Comments to IRS Regarding Proposed Regulations on Multiple Employer Plans: On behalf of the American Benefits Council, I am writing in support of the proposed multiple employer plan (MEP) modifications published by the Department of the Treasury and Internal Revenue Service on July 3, 2019. Additionally, I am writing to recommend ways that Treasury and IRS can improve the proposed relief by expanding its scope, simplifying its conditions, and providing additional guidance.

Friday, September 27, 2019
Consumers First Comments on HHS/CMS Proposed Regulations Regarding Medicare Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs: Consumers First Comments on HHS/CMS Proposed Regulations Regarding Medicare Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs

Friday, September 27, 2019
Consumers First Comments on HHS/CMS Proposed Regulations Regarding Payment Policies Under the Physician Fee Schedule and Other Changes to Part B Payment Policies: Consumers First Comments on HHS/CMS Proposed Regulations Regarding Payment Policies Under the Physician Fee Schedule and Other Changes to Part B Payment Policies

Friday, September 27, 2019
Council Comments on HHS/CMS Proposed Regulations Regarding Medicare Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs: The Council appreciates the opportunity to provide comment with respect to the proposed rule, specifically on the price transparency of hospital standard charges, quality measurements relating to price transparency and site-neutral payment reform.

Tuesday, August 13, 2019
Council Letter to HHS/OCR Regarding Proposed Regulations on Nondiscrimination in Health and Health Education Programs or Activities: In written comments to the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) on August 13, the Council recommended that employer group waiver plans (EGWPs) be excepted the Affordable Care Act's (ACA) nondiscrimination provisions. We also expressed strong support for the elimination of "taglines" and notices as is currently required.

Tuesday, July 30, 2019
Council Letter to IRS Regarding Interim Guidance under Section 4960: Distinguishing Volunteers from Employees: In a July 29 letter to the Internal Revenue Service (IRS), the American Benefits Council followed up on a prior meetings and communications with the agency explaining why a 21 percent excise tax on tax-exempt organizations with highly compensated employees should not apply to corporate volunteers.

Tuesday, July 30, 2019
Group Letter in Support of Pension and Budget Integrity Act of 2019 (H.R. 4035): The Council expresses support for the Pension and Budget Integrity Act (PBIA) of 2019 (H.R. 4035) in a group letter with other employers and benefit organizations. The Pension and Budget Integrity Act of 2019 would ensure Pension Benefit Guaranty Corporation (PBGC) premiums are used only to fund the PBGC's mission, as Congress originally intended.

Friday, July 26, 2019
Council Letter to Massachusetts Securities Division Regarding Fiduciary Proposal: In July 26 comments to the Massachusetts Securities Division, the Council strongly urged state regulators to exclude ERISA-covered plans, participants and beneficiaries from the scope of any forthcoming fiduciary duty rules. "Not only is this approach consistent with sound public policy, but it is also clear that federal law clearly preempts any state regulation designed to impose fiduciary duties on financial professionals with regard to their interactions with ERISA-covered plans, participants and beneficiaries."

Thursday, July 11, 2019
Council Letter to IRS Regarding Mortality Improvement Rates: Council Letter to IRS Regarding Mortality Improvement Rates

Monday, July 8, 2019
Council Letter to DOL/IRS Regarding Form 5500 (Annual Return/Report of Employee Benefit Plan): On July 8, 2019, the Council submitted written comments in response to the Internal Revenue Service (IRS), the Pension Benefit Guaranty Corporation (PBGC) and the U.S. Department of Labor (DOL)'s request for comments on the Form 5500 series and a new electronic filing option for Form 5500 EZ (replacing Form 5500-SF).

Wednesday, June 12, 2019
Council Comments to DOL/WHD on Proposed Amendments to Definition of "Regular Rate" of Pay under FLSA for Overtime Purposes: Council Comments to DOL/WHD on Proposed Amendments to Definition of "Regular Rate" of Pay under FLSA for Overtime Purposes

Wednesday, June 5, 2019
Council Letter to Senate HELP Committee Regarding Lower Health Care Costs Act Discussion Draft: Council Letter to Senate HELP Committee Regarding Lower Health Care Costs Act Discussion Draft

Monday, June 3, 2019
Council Letter to HHS/ONC Regarding Proposed Regulations on Interoperability, Information Blocking and ONC Health IT Certification Program: We write on behalf of the American Benefits Council ("the Council") to provide comment in connection with the 21st Century Cures Act: Interoperability, Information Blocking, and the ONC Health IT Certification Program Proposed Rule ("Proposed Rule") published in the Federal Register on March 4, 2019, by the Office of the National Coordinator for Health Information Technology (ONC), Department of Health and Human Services (HHS) (84 Fed. Reg. 7424).

Tuesday, May 28, 2019
Council Letter to House Energy & Commerce Committee Regarding No Surprises Act Discussion Draft: Council Letter to House Energy & Commerce Committee Regarding No Surprises Act Discussion Draft

Thursday, May 23, 2019
Council Comments on Massachusetts Paid Family Medical Leave Law: On May 23, the Council submitted comments to the Massachusetts Department of Family and Medical Leave (DFML) on revised draft regulations on the Massachusetts Paid Family and Medical Leave (PFML) law. The department is slated to issue final regulations by July 1, 2019, the same date that covered employers are required to begin making payroll deductions to fund the paid leave program.

Monday, April 8, 2019
Council Letter to HHS Regarding Prescription Drug Rebates and Safe Harbors: We write on behalf of the American Benefits Council ("Council") to provide comment in connection with the Fraud and Abuse; Removal of Safe Harbor Protection for Rebates Involving Prescription Pharmaceuticals and Creation of New Safe Harbor Protection for Certain Point-of-Sale Reductions in Price on Prescription Pharmaceuticals and Certain Pharmacy Benefit Manager Service Fees Proposed Rule ("Proposed Rule") published in the Federal Register on February 6, 2019, by the Office of Inspector General (OIG), Department of Health and Human Services (HHS) (84 Fed. Reg. 2340).

Friday, April 5, 2019
Council Letter to California Secure Choice Retirement Savings Investment Board Regarding CalSavers Program: Council Letter to California Secure Choice Retirement Savings Investment Board Regarding CalSavers Program

Tuesday, April 2, 2019
Council Comments on Interim Guidance under Section 4960 (Notice 2019-09): The American Benefits Council ("the Council") appreciates the opportunity to submit comments on Notice 2019-09, which provides interim guidance on the excise tax imposed on excess compensation paid by tax-exempt organizations under new Internal Revenue Code Section 4960. As discussed below, we are writing to ask the Treasury Department and the Internal Revenue Service (IRS) to clarify that an applicable tax-exempt organization (ATEO) will not be subject to the excise tax imposed by Section 4960 with respect to officers who serve in a solely volunteer capacity with the organization.

Wednesday, March 27, 2019
Council Comment Letter to CMS regarding Grandfathered Group Health Plans RFI: Council Comment Letter to CMS regarding Grandfathered Group Health Plans RFI

Friday, March 1, 2019
Council Comment Letter on Hawaii Retirement Savings Program: Council Comment Letter on Hawaii Retirement Savings Program

Friday, March 1, 2019
Council Comment Letter on Nevada Draft Fiduciary Regulations: Council Comment Letter on Nevada Draft Fiduciary Regulations

Tuesday, February 19, 2019
Council Letter to CMS on Rescinding the Adoption of the Health Plan Identifier (HPID): Council Letter to CMS on Rescinding the Adoption of the Health Plan Identifier (HPID)

Tuesday, February 19, 2019
Council Letter to CMS on the HHS Notice of Benefit and Payment Parameters for 2020: Council Letter to CMS on the HHS Notice of Benefit and Payment Parameters for 2020

Friday, January 11, 2019
Council Letter to IRS on Hardship Distributions of Elective Contributions, QMACs, QNECs, and Earnings, RIN–1545–BO82: Council Letter to IRS on Hardship Distributions of Elective Contributions, QMACs, QNECs, and Earnings, RIN–1545–BO82

Friday, December 28, 2018
Council Letter to DOL, HHS and Treasury Regarding HRA Guidance: Council Letter to DOL, HHS and Treasury Regarding HRA Guidance

Wednesday, December 26, 2018
Council Letter to IRS on Student Loan Repayments: Council Letter to IRS on Student Loan Repayments

Friday, December 21, 2018
Council Letter on CMS guidance on State Relief and Empowerment Waivers: Council Letter on CMS guidance on State Relief and Empowerment Waivers

Thursday, December 20, 2018
Council Letter on Auto-Portability regarding Retirement Clearinghouse: Council Letter on Auto-Portability regarding Retirement Clearinghouse

Thursday, December 20, 2018
Council Letter on Definition of Employer - Association Retirement Plans and Other Multiple Employer Plans: Council Letter on Definition of Employer - Association Retirement Plans and Other Multiple Employer Plans

Friday, December 14, 2018
Council Letter to New Jersey Bureau of Securities Regarding Fiduciary Duty Notice of Pre-Proposal: Council Letter to New Jersey Bureau of Securities Regarding Fiduciary Duty Notice of Pre-Proposal

Monday, November 19, 2018
Council Comments on IRS Notice 2018-71: Employer Credit for Paid Family and Medical Leave: Council Comments on IRS Notice 2018-71: Employer Credit for Paid Family and Medical Leave

Tuesday, October 23, 2018
Council Letter to Treasury/IRS Regarding IRS Notice 2015-49: Use of Lump Sum Payments to Replace Lifetime Income Being Received By Retirees Under Defined Benefit Pension Plans: Council Letter to Treasury/IRS Regarding IRS Notice 2015-49: Use of Lump Sum Payments to Replace Lifetime Income Being Received By Retirees Under Defined Benefit Pension Plans

Monday, September 24, 2018
Council Letter to SEC Regarding Concept Release on Compensatory Offerings and Sales: Council Letter to SEC Regarding Concept Release on Compensatory Offerings and Sales

Monday, July 16, 2018
Council Comments to HHS Regarding Blueprint to Lower Drug Prices and Reduce Out-of-Pocket Costs: The Council appreciates the opportunity to provide comment with respect to the RFI, which touches on an area of critical importance for employees and their families across America.

Friday, June 22, 2018
Council Comment Letter to DOL on Proposed FAQs about Mental Health and Substance Use Disorder Parity Implementation and the 21st Century Cures Act: This Council letter provides comment in connection with the FAQs about Mental Health and Substance Use Disorder Parity Implementation and the 21st Century Cures Act published on April 23, 2018, by the Departments of Labor, Health and Human Services, and the Treasury.

Friday, June 22, 2018
Council Comment Letter to OMB regarding MHPAEA Draft Model Disclosure Request Form: This Council letter provides comment in connection with the Mental Health Parity and Addiction Equity Act ("MHPAEA") Draft Model Disclosure Request Form, published on April 23, 2018, by the Departments of Labor, Health and Human Services, and the Treasury.

Thursday, May 31, 2018
Council Letter to CMS Regarding Direct Health Provider Contracting: As innovative payment models continue to show promise for lowering costs and improving the quality of health care, the Council is working with policymakers to model federal programs after the successful initiatives being pursued by large employers.

Monday, May 14, 2018
Council Letter to Louisiana Department of Insurance Regarding State Innovation Waiver Application: The Council provided comments with respect to Louisiana's application to the Centers for Medicare and Medicaid Services ("CMS") and to the U.S. Department of the Treasury (Departments), for a waiver of certain provisions of the Affordable Care Act (ACA) as authorized by Section 1332 of that Act. Louisiana's 1332 waiver application seeks approval to waive Section 1312(c)(1) of the ACA for the purpose of establishing a state-based and state-administered reinsurance program.

Monday, April 23, 2018
Council Letter of Support for Retirement Savings Lost and Found Act (S. 2474): As we reported in the March 5 Benefits Byte, the measure would create a national registry for small and abandoned defined contribution retirement accounts and amend ERISA's permitted investments for rollover amounts.

Monday, April 23, 2018
Joint Letter Regarding Civil Monetary Penalties for Mental Health Parity: Joint Letter Regarding Civil Monetary Penalties for Mental Health Parity

Monday, April 16, 2018
Senate Letter to Agencies on Enforcement of Mental Health Parity Requirements: Senate letter to HHS, DOL and Treasury requesting a range of information related to agency actions related to enforcement of mental health parity requirements.

Tuesday, March 6, 2018
Council Letter to DOL/EBSA Regarding Proposed Regulations Defining 'Employer' under Section 3(5) of ERISA (Association Health Plans): Council letter on definition of "employer" for the purposes of AHPs (3/6/2018)

Friday, February 23, 2018
Council Letter to EBSA Assistant Secretary Rutledge on ERISA Preemption: Council Letter to EBSA Assistant Secretary Rutledge on ERISA Preemption

Thursday, February 22, 2018
Council Letter on Employer Paid Leave Tax Credit added by Tax Cuts and Jobs Act of 2017 (H.R. 1): Council Letter on Employer Paid Leave Tax Credit Added by Tax Cuts and Jobs Act of 2017 (H.R. 1)

Thursday, February 15, 2018
Council Letter to CMS on Limited Wraparound Coverage Pilot Program: Council Letter to CMS on Limited Wraparound Coverage Pilot Program

Monday, January 22, 2018
Council Letter to House Leadership on Open Multiple Employer Plays (open MEPs): Council Letter to House Leadership on Open Multiple Employer Plays (open MEPs)

Monday, January 22, 2018
Council Letter to Senate Leadership on Open Multiple Employer Plays (open MEPs): Council Letter to Senate Leadership on Open Multiple Employer Plays (open MEPs)

Monday, January 22, 2018
Council Recommendations to EBSA for Standardized and Automatic Disaster Relief (January 22, 2018): Council Recommendations to EBSA for Standardized and Automatic Disaster Relief (January 22, 2018)

Monday, January 22, 2018
Council Recommendations to IRS for Standardized and Automatic Disaster Relief (January 22, 2018): Council Recommendations to IRS for Standardized and Automatic Disaster Relief (January 22, 2018)

Monday, January 22, 2018
Council Recommendations to PBGC for Standardized and Automatic Disaster Relief (January 22, 2018): Council Recommendations to PBGC for Standardized and Automatic Disaster Relief (January 22, 2018)

Wednesday, January 3, 2018
Council Comment Letter to IRS on ACA Information Reporting: The Council submitted comments on information reporting by applicable large employers on health insurance coverage offered under employer-sponsored plans, as described in the Notice published in Vol. 82, No. 210 of the Federal Register on November 1, 2017 ("Notice").

Monday, December 11, 2017
Council Letter to EBSA Regarding Claims Procedure for Plans Providing Disability Benefits: On December 11, 2017, the American Benefits Council submitted comments regarding the notice of proposed rulemaking published in the Federal Register on October 12, 2017, by the Department of Labor (the "Department") entitled "Claims Procedure for Plans Providing Disability Benefits; Extension of Applicability Date" ("Proposed Regulation"). 82 Fed. Reg. 47, 409 (October 12, 2017).

Friday, November 3, 2017
Council letter of support for the Workflex in the 21st Century Act (H.R. 4219): Council letter of support for the Workflex in the 21st Century Act (H.R. 4219)

Friday, October 27, 2017
Group Letter to DOL/EBSA Regarding Proposed Regulations Delaying Claims Procedure for Plans Providing Disability Benefits: In an October 27 letter to the U.S. Department of Labor (DOL) Employee Benefits Security Administration (EBSA), the Council and 15 other employer and insurer organizations offered support for the formal delay of ERISA final claims regulations for disability benefit plans, but suggested that the applicability date be delayed beyond the 90 days proposed in the October 10 proposed regulations.

Monday, October 2, 2017
Council letter to EBSA on Unresponsive and Missing Participant Guidance for Ongoing Retirement Plans: The Council submitted a letter on 10/2/2017 to request that the Department of Labor engage in a rulemaking process to issue comprehensive guidance on plan fiduciary responsibilities with respect to unresponsive and missing participants and cease taking ad hoc enforcement positions until the Department provides actual guidance.

Wednesday, September 13, 2017
Council Comments to EBSA Regarding Mental Health Parity Act Disclosure Issues: In September 13 written comments to the U.S. Department of Labor Employee Benefit Security Administration (EBSA), the Council offered recommendations on recently issued frequently asked questions (FAQ) Part 38, which addressed disclosure obligations and solicited comments on a draft model form for requesting disclosure of information as required under MHPAEA.

Friday, September 1, 2017
Joint letter to Office of Information and Regulatory Affairs (OIRA) on Mortality Tables: Joint letter to Office of Information and Regulatory Affairs (OIRA) on Mortality Tables

Friday, August 25, 2017
Council Letter to PBGC on its regulatory program (August 25, 2017): Council Letter to PBGC on its regulatory program (August 25, 2017)

Friday, August 18, 2017
Council-CIEBA Comments to AICPA on the Exposure Draft of the Proposed Statement on Auditing Standards: The Council, along with Committee on Investment of Employee Benefit Assets (CIEBA), offered comments to the theAmerican Institute of Certified Public Accountants (AICPA) on its Exposure Draft on the Proposed Statement on Auditing Standards (the Exposure Draft).

Monday, August 7, 2017
Council Letter to DOL/EBSA Regarding Request for Information on Fiduciary Rule, Prohibited Transaction Exemptions: In an August 7 letter to the U.S. Department of Labor (DOL) Employee Benefits Security Administration (EBSA), the Council continued to push for revisions to the final "fiduciary" rule to provide more certainty and clarity.

Monday, July 31, 2017
Council Letter to Treasury Regarding Review of Burdensome Regulations: Responding to a formal request for information (RFI), on August 1 the Council provided to the U.S. Treasury Department a comprehensive set of recommendations for eliminating, modifying or streamlining regulations to reduce burdens on employee benefit plan sponsors.

Thursday, July 27, 2017
Council Statement on Mental Health Parity at HHS Listening Session: Council Statement on Mental Health Parity at HHS Listening Session

Wednesday, July 26, 2017
Council Letter to DOL on Unwarranted and Harmful ERISA Breach of Fiduciary Duty Litigation and Enforced Pleading Standards: Council Letter to DOL on Unwarranted and Harmful ERISA Breach of Fiduciary Duty Litigation

Friday, July 21, 2017
Letter to Employee Benefits Security Administration in response to RFI Regarding the Fiduciary Rule and Prohibited Transaction Exemptions: Letter to Employee Benefits Security Administration in response to RFI Regarding the Fiduciary Rule and Prohibited Transaction Exemptions

Wednesday, July 12, 2017
Council Comments to HHS Regarding RFI on Reducing Regulatory Burdens Imposed by Affordable Care Act & Improving Healthcare Choices to Empower Patients: The Council appreciates the opportunity to provide comment to HHS with respect to ongoing efforts to reduce regulatory burdens and improve health insurance options under the Affordable Care Act and to provide for a health care system that adheres to the principles of affordability, quality, innovation and empowerment.

Tuesday, May 2, 2017
House GOP Letter to DOL Secretary Alexander Acosta on Delaying the Fiduciary Applicability Date: House GOP Letter to DOL Secretary Alexander Acosta on Delaying the Fiduciary Applicability Date

Monday, April 24, 2017
Council Letter to PBGC Urging Review of Early Warning Program: As part of its ongoing defense of the defined benefit pension plan system, the Council sent a letter to the Pension Benefit Guaranty Corporation (PBGC) on April 24, urging a thorough review of the agency's Early Warning Program.

Monday, April 17, 2017
Council Letter to DOL/EBSA Regarding Issues Raised in Presidential Memorandum and in Preamble to Proposed Delay of Fiduciary Rule: In written comments to the U.S. Department of Labor (DOL) Employee Benefits Security Administration (EBSA) on April 17, the Council outlined a number of unresolved concerns with the agency's final regulations expanding ERISA fiduciary responsibility, highlighting plan sponsor concerns and encouraging the DOL to consider these issues in its review of the rule.

Thursday, April 6, 2017
Council Letter of Support for "Frozen" Pension Legislation to Representatives Pat Tiberi (R-OH) and Richard E. Neal (D-MA): Council voices support for legislation to protect participants in, and sponsors of, so-called “frozen” defined benefit pension plans from the inadvertent adverse impact of nondiscrimination rules on those plans’ tax qualified status.

Thursday, April 6, 2017
Council Letter of Support for "Frozen" Pension Legislation to Senators Ben Cardin (D-MD) and Rob Portman (R-OH): Council voices support for legislation to protect participants in, and sponsors of, so-called “frozen” defined benefit pension plans from the inadvertent adverse impact of nondiscrimination rules on those plans’ tax qualified status.

Thursday, April 6, 2017
Joint letter of support to lawmakers who sponsored "frozen" pension legislation (S. 852 & H.R. 1862) (2017): Join letter of support for Senators Ben Cardin (D-MD) and Rob Portman (R-OH) and Representatives Pat Tiberi (R-OH) and Richard E. Neal (D-MA)

Wednesday, March 29, 2017
Council Letter to IRS Regarding Substance of Proposed Regulations to Update Mortality Tables: In a March 29 letter to the U.S. Treasury Department and Internal Revenue Service (IRS), the Council expressed serious concerns about the substance of proposed regulations updating the mortality tables to be used for defined benefit pension plans for 2018.

Wednesday, March 29, 2017
Council/ERIC Joint Letter to IRS Regarding Process Concerns with Proposed Regulations to Update Mortality Tables: In a March 29 letter to the U.S. Treasury Department and Internal Revenue Service (IRS), the Council and the ERISA Industry Committee expressed serious concerns about the process surrounding the proposed regulations updating the mortality tables to be used for defined benefit pension plans for 2018.

Thursday, March 23, 2017
Council letter to SEC on Pay Ratio Disclosure Rule: Council letter to SEC on Pay Ratio Disclosure Rule

Monday, March 20, 2017
Group Letter to OMB Regarding EEOC Proposed Revisions to EEO-1: The Council was also one of 27 employer organizations to sign on to a similar group letter to OMB, urging the agency to review and reject the EEOC's revisions to the annual Employer Information Report (EEO–1) disclosure requirement.

Thursday, March 16, 2017
Letter to DOL EBSA on Fiduciary Rule Delay: Letter to DOL EBSA on Fiduciary Rule Delay

Friday, March 3, 2017
Joint letter regarding Medicare Advantage to HHS Secretary Price and Members of Congress: Joint letter regarding Medicare Advantage to HHS Secretary Price and Members of Congress

Thursday, February 23, 2017
Council Letter to IRS Regarding Minimum Present Value Requirements for Defined Benefit Plan Distributions under Tax Code Section 417(e): The Council urged the U.S. Treasury Department and Internal Revenue Service (IRS) to reconsider certain aspects of its recent proposed regulations governing distributions from defined benefit pension plans, noting that the updated rules “could inadvertently impose some major and costly new obligations.”

Wednesday, February 22, 2017
Letter to Council State Treasury on Revisions to the Proposed Rules for the Oregon Retirement Savings Plan: Letter to Council State Treasury on Revisions to the Proposed Rules for the Oregon Retirement Savings Plan

Tuesday, February 21, 2017
Joint letter to the European Supervisory Authorities regarding new variation margin requirements under EMIR: Joint letter to the European Supervisory Authorities regarding new variation margin requirements under EMIR

Tuesday, February 21, 2017
Letter to IRS on ongoing rulemaking with respect to hybrid retirement plans: The Council offered constructive recommendations to the U.S. Treasury Department and Internal Revenue Service (IRS) in a February 21 letter (cosigned by the Coalition to Preserve the Defined Benefit System) addressing ongoing rulemaking with respect to hybrid retirement plans.

Tuesday, February 14, 2017
Council Letter to House of Representatives Regarding State-Run Retirement Programs: Letter raising concerns about state-run retirement programs for private sector employees

Monday, February 13, 2017
Joint Letter on the Tax Treatment of Health Benefits to NEC: Joint Letter on the Tax Treatment of Health Benefits to NEC

Monday, February 13, 2017
Letter to President Trump on tax treatment of health care: Letter to President Trump on tax treatment of health care

Tuesday, February 7, 2017
Letter to White House on Employer Reporting under the ACA: Letter to White House on Employer Reporting under the ACA

Thursday, February 2, 2017
Joint Letter to Senator Mike Enzi on Pension and Budget Integrity Act of 2017: Joint Letter to Senator Mike Enzi on PBIA 2017

Thursday, February 2, 2017
Letter of support to Rep. Vern Buchanan for introduction of the Retirement Security for American Workers Act (2017) (H.R. 854): H.R. 854 would greatly expand opportunities for small employers to band together in a common “multiple employer plan” (MEP) and thereby achieve many of the economies of scale available to large employers.

Friday, December 23, 2016
Letter to Oregon State Treasury on Proposed Rules for the Oregon Retirement Savings Plan: Letter to Oregon State Treasury on Proposed Rules for the Oregon Retirement Savings Plan

Thursday, October 13, 2016
Council Letter to Treasury Regarding the Impact of Pension Limitation of Benefits Treaty Provisions on Cross-Border Pension Funds: In an October 14 letter to the U.S. Treasury Department, the Council suggested an important technical change to a model tax treaty that would facilitate the provision of equal tax treatment under cross-border pensions.

Thursday, September 29, 2016
Council Letter to DOL/EBSA Regarding Proposed Regulations on State/Local Retirement Plans: The Council appreciates the opportunity to provide comments on the Department of Labor’s proposed rule that would extend the new safe harbor for state-run mandatory IRA programs for private-sector employees to similar programs that are established by certain populous cities and counties meeting the proposal’s definition of a “qualified political subdivision”.

Tuesday, September 6, 2016
Council Letter to IRS Regarding Notice of Proposed Rulemaking on ACA Premium Tax Credit: On September 6, the Council provided written comments on proposed regulations related to premium tax credit and individual shared responsibility provisions of the Affordable Care Act (ACA).

Wednesday, August 31, 2016
Group Letter Requesting Extension of Time for Comments on Proposed Revision of Annual Information Return/Reports (Form 5500): The Investment Company Institute, the American Benefits Council, the SPARK Institute Inc., and the Plan Sponsor Council of America write in response to the revisions to the Form 5500 proposed by the Department of Labor, the Internal Revenue Service, and the Pension Benefit Guaranty Corporation and the Department’s proposed rule on annual reporting and disclosure and request a 90-day extension of the deadline for public comments on the proposed revisions.

Tuesday, August 9, 2016
Council Letter to Obama Administration Regarding Expatriate Plans, Essential Health Benefits: In written comments to the Obama Administration, submitted on August 9, the Council recommended a number of vital clarifications to the recently proposed regulations implementing changes in the treatment of expatriate health plans.

Friday, April 29, 2016
Council Letter to IRS Regarding Proposed Regulations Rules for Applying Nondiscrimination Rules to Frozen Pension Plans: The Council filed written comments with the Internal Revenue Service (IRS) on April 28 outlining needed improvements to the agency's proposed rules governing the application of certain nondiscrimination rules on closed (soft frozen) defined benefit pension plans.

Wednesday, April 27, 2016
Council Letter to IRS Regarding Notice 2016-16: Mid-Year Changes to Safe Harbor Plans and Safe Harbor Notices: The American Benefits Council (Council) provided written comments on April 27 to the IRS in connection with Notice 2016-16, which provided guidance on mid-year changes to safe harbor 401(k) plans and how they must be treated under the Internal Revenue Code nondiscrimination rules.

Tuesday, April 12, 2016
Council Letter to DOL/WHD Regarding Paid Sick Leave for Federal Contractors: The Council submitted comments in response to the proposed rule issued by the Department of Labor on February 25, 2016, to implement Executive Order 13706, requiring federal contractors and subcontractors to provide their employees with up to seven days of leave annually.

Friday, April 1, 2016
Council Letter to EEOC Regarding Proposed Changes to EEO-1: In April 1 written comments, The Council urged the Equal Employment Opportunity Commission (EEOC) to withdraw and reconsider its proposed changes to the Employer Information Report (EEO–1), used to collect demographic information about employees.

Thursday, March 10, 2016
Council Letter to DOL Requesting Extension on Paid Leave NPRM: In a March 10 letter to the U.S. Department of Labor (DOL), the Council asked the agency to extend the comment period for a proposed rule that will require federal contractors and their subcontractors provide employees with a certain amount of paid leave.

Thursday, January 28, 2016
Council Letter to EEOC Regarding Proposed GINA Title II Regulations: In a January 28 letter to the U.S. Equal Employment Opportunity Commission (EEOC) regarding its proposed regulations governing employer wellness programs under Title II of the Genetic Information Nondiscrimination Act (GINA), the Council once again emphasized the importance of consistent federal policy that promotes the health of Americans and is aligned across multiple agencies and Congress.

Tuesday, January 19, 2016
Council Letter to DOL/EBSA Regarding Proposed Regulations on Disability Benefit Plan Claims Procedures: The Council raised concerns about a proposal to apply Affordable Care Act (ACA) claims procedures for group health plans to disability benefit plans in written comments to the U.S. Department of Labor (DOL) Employee Benefits Security Administration (EBSA) on January 19.

Tuesday, January 19, 2016
Council Letter to DOL/EBSA Regarding Proposed Regulations on State-Run Retirement Plans: In written comments to the U.S. Department of Labor (DOL) Employee Benefit Security Administration (EBSA) on January 19, the Council expressed serious concerns about a proposed safe harbor to accommodate state-run retirement plans for non-governmental employees without workplace coverage.

Friday, January 15, 2016
Group Letter to CMS Opposing Rate Cuts to Medicare Advantage Plans: In written comments to the U.S. Department of Health and Human Services (HHS) Centers for Medicare and Medicaid Services (CMS), the Council and 11 other employer groups expressed concern with further cuts to the Medicare Advantage (MA) program.

Friday, January 8, 2016
Council Letter to IRS Regarding State-Run Retirement Plans and ERISA Prohibited Transactions: On behalf of the American Benefits Council (the “Council”), I am writing to seek clarification on whether the prohibited transaction excise tax regime described in Internal Revenue Code Section 4975 could apply to states that sponsor payroll deduction IRA arrangements for private sector employees, even where such arrangements are exempt from ERISA.

Tuesday, November 17, 2015
Council Letter to IRS/OMB on Changes to Form 5500 Series: This letter is submitted on behalf of the American Benefits Council (the Council) regarding the proposed changes to the Form 5500 series for the 2015 plan year, including proposed changes to the Form 5500-SUP described in the Notice and Request for Comment published in the Federal Register on December 23, 2014, and the changes reflected in the draft Form 5500-EZ.

Monday, November 16, 2015
Council Letter to IRS Regarding Notice 2015-68 – Section 6055 (Information Reporting on Minimum Essential Coverage): In November 16 written comments to the Internal Revenue Service (IRS), the Council offered recommendations for additional guidance to address the numerous unanswered questions associated with employer reporting under the Affordable Care Act (ACA).

Monday, November 9, 2015
Council Letter to HHS/OCR Regarding ACA Section 1557, Nondiscrimination in Health Programs and Activities: The Council filed written comments with the U.S. Department of Health and Human Services on November 9, 2015, expressing concerns with recently proposed rules implementing the nondiscrimination provisions under Section 1557 of the Affordable Care Act (ACA).

Monday, November 2, 2015
Council Letter to IRS Regarding Supplemental Notice of Proposed Rulemaking on Minimum Value of Eligible Employer-Sponsored Health Plans: In a comment letter to the Internal Revenue Service (IRS) on November 2, the Council warned that recently proposed regulations go “well beyond the bounds” of the Affordable Care Act (ACA) and do not accord with congressional intent by mandating a specific benefit be covered under employer-sponsored group health plans.

Thursday, September 24, 2015
Council Letter to DOL/EBSA Regarding Proposed Regulations Defining the Term "Fiduciary" - Supplemental Comments: The Council provided supplemental comments to the U.S. Department of Labor (DOL) Employee Benefit Security Administration (EBSA) on September 23, describing how the agency’s proposed regulations amending the definition of a “fiduciary” would negatively affect casual conversations among employees, the deployment of call centers and investment education.

Tuesday, July 28, 2015
Council Letter to CMS on Request for Information Regarding HPID Requirements: In July 28 written comments to the Centers for Medicare and Medicaid Services (CMS) of the U.S. Department of Health and Human Services (HHS), the Council urged the agency to eliminate the Health Plan Identifier (HPID) requirement in HIPAA administrative transactions. CMS requested input on the HPID rule, after having delayed enforcement of the requirement in October 2014.

Tuesday, July 21, 2015
Council Letter to DOL/EBSA Proposed Regulations on Definition of the Term 'Fiduciary': The Council submitted comments on July 21 to the U.S. Department of Labor (DOL) on the proposed regulations redefining the term “fiduciary.” In the comments, the Council identified a number of issues of concern to plan sponsors and participants that are raised by the proposal, as well as potential issues that could arise. Our comment letter also provided several recommendations to ensure certainty and reduce liability for employers.

Friday, July 10, 2015
Appendix to Council Letter to EBSA Requesting Clarification of Fiduciary Definition As it Applies to Health and Welfare Plans: Appendix to Council Letter to EBSA Requesting Clarification of Fiduciary Definition As it Applies to Health and Welfare Plans

Friday, June 19, 2015
Council Letter to EEOC on Proposed Regulations Regarding Wellness Programs and the Americans with Disabilities Act: In June 19 written comments, the Council urged the U.S. Equal Employment Opportunity Commission (EEOC) to ensure that the regulations regarding employer wellness programs are consistent with HIPAA, the Patient Protection and Affordable Care Act (PPACA) and congressional intent, to provide for consistent federal policy with respect to wellness programs.

Wednesday, June 17, 2015
Council Letter to Treasury, DOL and HHS Regarding Guidance on Maximum Out-of-Pocket Rules under PPACA: The Council expressed serious concerns about recent guidance requiring “embedded” individual out-of-pocket maximums for insured large group and self-funded group health plans for 2016 policy and plan years in June 17 written comments to the U.S. Departments of Labor, Treasury and Health and Human Services.

Tuesday, May 5, 2015
Council Letter to EBSA Requesting Comment Period Extension for Fiduciary Definition Regulations: In a May 5 letter, the Council urged the U.S. Department of Labor (DOL) Employee Benefits Security Administration (EBSA) to extend the comment deadline for its proposed regulations defining the term “fiduciary” with respect to employee benefit plan investment advice.

Monday, March 30, 2015
Council/SPARK Institute Letter to NTIS Regarding Proposed Regulations on Certification Program for Access to the Death Master File: In March 30 written comments to the National Technical Information Service (NTIS) of the U.S. Department of Commerce, the Council, along with the SPARK Institute, expressed concerns with the proposed regulations on a proposed certification program to provide access to the Death Master File (DMF). The letter suggested clarifications and changes that would continue to protect confidential DMF information from abuse while ensuring that retirement plan administrators are able to access DMF information for legitimate fraud prevention and business purposes.

Thursday, January 22, 2015
Council Letter to EBSA Regarding Proposed Regulations on Amendments to Excepted Benefits: In January 22 comments to the Employee Benefits Security Administration (EBSA) of the U.S. Department of Labor (DOL), the Council commended the recent proposed rule allowing employers to supplement individual market coverage with limited “wraparound” coverage.

Wednesday, April 23, 2014
Council Comments to NTIS Regarding Interim Final Rule on Temporary Certification Program for Access to the Death Master File: Council Comments to NTIS Regarding Interim Final Rule on Temporary Certification Program for Access to the Death Master File

Tuesday, April 1, 2014
Council Comments to CMS on Proposed Regulations Regarding Certification of Compliance for Health Plans: Council Comments to CMS on Proposed Regulations Regarding Certification of Compliance for Health Plans