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Information Regarding The Legal Premise Of This Concept
NMB strongly encourages any prospective employer representative, self
funded employer or any employer contemplating self funding for the first
time, to research the legal premise under which such plans are established.
The following information should be helpful in this regard. Individual
Employer Self-Funded Plans are provided for by ERISA.
The specific title and sections that should be of interest are:
FEDERAL ENABLING AND REGULATORY STATUTES
Title 29 United States Code;
Section 1001 and following
Section 1002 (Applicable Definitions)
Section 1144 (Federal Preemption)
IMPORTANT INFORMATION
The NATIONAL MEDIA BENEFITS
plans are self-funded plans governed by an ERISA trust that files reports
with the U.S. Department of Labor. Each employer establishes a Single
Employer Trust (SET) so that the plans do not fall under Multiple Employer
Welfare Arrangement (MEWA) regulations. The Single Employer Self Funded
Plans described in this material must be adopted by one employer, only,
and legally established by that employer. Any employer adopting such
a plan must meet the definition of "employer" as determined
under the Employee Retirement Income Security Act of 1974 (ERISA) as
amended. Contribution reserves are deposited into a Single Employer
Trust (SET) to be maintained at an actuarially determined level so as
to fully fund the benefits selected. In addition, specific stop-loss
reinsurance for larger benefit claims is provided by an A-rated domestic
reinsurance company.
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