MEWAs - Maine

Summary of differences between federal and state regulations

Among the various employee benefit programs established and governed by ERISA are multiple employer welfare arrangements (MEWAs), which are subject as well to state regulatory and fiscal standards consistent with ERISA. Federal ERISA covers MEWAs. Maine has laws affecting MEWAs. Some of the requirements include the following:

• The sponsoring association must file an application for authorization with the Superintendent. (§6604)
• The arrangement must be nonprofit, or established by a trade association, industry association, political subdivision of the State, religious organization or professional association of employers or professionals that has a constitution or bylaws and that has been organized and maintained in good faith for a continuous period of one year for purposes other than that of obtaining or providing insurance. (§6603)
• The arrangement must maintain a positive fund balance. (§6605)
• The liability of each employer participant for the obligations of the multiple-employer welfare arrangement is joint and several. (§6609)
• Annually within 4 months of the end of the fiscal year or within such extension of time as the superintendent for good cause may grant, every arrangement shall file a report with the superintendent. (§6611)
• Each arrangement must have and maintain its principal place of business in the State and must make records available to the superintendent. (§6612)

State

Contact

Bureau of Insurance

Regulations

Maine Revised Statutes; Title 24-A, Chapter 81
http://www.mainelegislature.org/legis/statutes/24-A/title24-Ach81sec0.html

Federal

Contact

Employee Benefits Security Administration (EBSA)

Regulations

29 CFR chapter XXV

2509, 2510, 2520, 2530, 2550
2560, 2570, 2571, 2575, 2578
2580, 2582, 2584, 2589, 2590