Browse Arkansas Code titles and sections
23-92-101. Registration or licensure required.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-92-101. Registration or licensure required.
(a) “Multiple employer welfare arrangement” has the same meaning as under 29 U.S.C. § 1002(40), as it existed on January 1, 2019.
(b)(1) A fully insured multiple employer trust and fully insured multiple employer welfare arrangement that intends to provide benefits to citizens of this state shall register with the Insurance Commissioner before soliciting or enrolling members or before conducting any other business activity in Arkansas.
(2)(A) Each fully insured multiple employer trust and fully insured multiple employer welfare arrangement under this section that is conducting any business activity in Arkansas shall register with the commissioner.
(B) After the initial registration, a fully insured multiple employer trust and fully insured multiple employer welfare arrangement under this section that conducts business in Arkansas shall register with the commissioner no later than January 1 of each year for as long as it continues to do business in Arkansas.
(c)(1) A multiple employer trust or multiple employer welfare arrangement that is not fully insured shall obtain a certificate of authority under rules promulgated by the commissioner before doing business in Arkansas.
(2) In order to remain licensed, a multiple employer trust or multiple employer welfare arrangement that is not fully insured shall comply with applicable terms of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq., as it existed on January 1, 2019.
(3)(A) The commissioner shall adopt rules regulating multiple employer trusts and multiple employer welfare arrangements that are not fully insured.
(B) The rules shall include information and procedures concerning:
(i) The criteria and application for obtaining a ce
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-92-101
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Stable record: arkansas_code:legal_authorities:23-92-101
Source file: gov.ar.code.title.23.odt
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Passage SHA-256: 4cb2eb9f70827a94f720020fa599f1f6d754d1738a0a5c26ae5e099d3af8fa22
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23-92-101. Registration or licensure required.
(a) “Multiple employer welfare arrangement” has the same meaning as under 29 U.S.C. § 1002(40), as it existed on January 1, 2019.
(b)(1) A fully insured multiple employer trust and fully insured multiple employer welfare arrangement that intends to provide benefits to citizens of this state shall register with the Insurance Commissioner before soliciting or enrolling members or before conducting any other business activity in Arkansas.
(2)(A) Each fully insured multiple employer trust and fully insured multiple employer welfare arrangement under this section that is conducting any business activity in Arkansas shall register with the commissioner.
(B) After the initial registration, a fully insured multiple employer trust and fully insured multiple employer welfare arrangement under this section that conducts business in Arkansas shall register with the commissioner no later than January 1 of each year for as long as it continues to do business in Arkansas.
(c)(1) A multiple employer trust or multiple employer welfare arrangement that is not fully insured shall obtain a certificate of authority under rules promulgated by the commissioner before doing business in Arkansas.
(2) In order to remain licensed, a multiple employer trust or multiple employer welfare arrangement that is not fully insured shall comply with applicable terms of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq., as it existed on January 1, 2019.
(3)(A) The commissioner shall adopt rules regulating multiple employer trusts and multiple employer welfare arrangements that are not fully insured.
(B) The rules shall include information and procedures concerning:
(i) The criteria and application for obtaining a certificate of authority from the State Insurance Department to conduct business in Arkansas that are not inconsistent with 29 C.F.R. § 2510.3-1 et seq., as it existed on January 1, 2019;
(ii) The benefits to be offered that are not inconsistent with similarly situated single employer plans;
(iii) Financial requirements consistent with sound actuarial principles;
(iv) Fees;
(v) Insolvency procedures;
(vi) Examinations;
(vii) Filing of forms and rates;
(viii) Written disclosures and other consumer protections;
(ix) Reporting requirements;
(x) Excess or stop loss insurance; and
(xi) Other factors the commissioner deems necessary for the effective regulation of multiple employer welfare trusts and multiple employer welfare arrangements that are not fully insured, if the requirements are not inconsistent with 29 C.F.R. § 2510.3-1 et seq., as it existed on January 1, 2019.
(d)(1) To the extent permitted by federal law, a fully insured or self-insured multiple employer welfare arrangement may include employers in a common trade or industry, employers representing two (2) or more trades or industries, sole proprietors, or working owners as defined in 29 C.F.R. § 2510.3-5(e), as it existed on January 1, 2019.
(2) The rules by which the multiple employer welfare arrangement shall abide are determined at the aggregate level so that in an arrangement in which the total number of employers in the multiple employer welfare arrangement, including working owners, exceeds fifty (50), the multiple employer welfare arrangement is subject to the requirements of the large group market.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Benefit plans as affecting interstate commerce and the Federal taxing power** The Congress finds that the growth in size, scope, and numbers of employee benefit plans in recent years has been rapid and substantial; that the operational scope and economic impact of such plans is increasingly interstate; that the continued well-being and security of millions of employees and their dependents are directly affected by these plans; that they are affected with a national public interest; that they have become an important factor affecting the stability of employment and the successful development of industrial relations; that they have become an important factor in commerce because of the interstate character of their activities, and of the activities of their participants, and the employers, employee organizations, and other entities by which they are established or maintained; that a large volume of the activities of such plans are carried on by means of the mails and instrumentalities of interstate commerce; that owing to the lack of employee information and adequate safeguards concerning their operation, it is desirable in the interests of employees and their beneficiaries, and to provide for the general welfare and the free flow of commerce, that disclosure be made and safeguards be provided with respect to the establishment, operation, and administration of such plans; that they substantially affect the revenues of the United States because they are afforded preferential Federal tax treatment; that despite the enormous growth in such plans many employees with long years of employment are losing anticipated retirement benefits owing to the lack of vesting provisions in such plans; that owing to the inadequacy of current minimum standards, the soundness and stabilit
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1001
Stored review status: release_metadata_unconfirmed. The source passage cites 29 U.S.C. § 1001. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 353
TITLE 29—LABOR
§ 1001
Sec.
1365.
Annual report of plan administrator.
1366.
Annual notification to substantial employers.
1367.
Recovery of liability for plan termination.
1368.
Lien for liability.
1369.
Treatment of transactions to evade liability;
effect of corporate reorganization.
1370.
Enforcement authority relating to termi-
nations of single-employer plans.
1371.
Penalty for failure to timely provide required
information.
SUBTITLE E—SPECIAL PROVISIONS FOR MULTIEMPLOYER
PLANS
PART 1—EMPLOYER WITHDRAWALS
1381.
Withdrawal liability established; criteria and
definitions.
1382.
Determination and collection of liability; no-
tification of employer.
1383.
Complete withdrawal.
1384.
Sale of assets.
1385.
Partial withdrawals.
1386.
Adjustment for partial withdrawal; deter-
mination of amount; reduction for partial
withdrawal liability; procedures applicable.
1387.
Reduction or waiver of complete withdrawal
liability; procedures and standards applica-
ble.
1388.
Reduction of partial withdrawal liability.
1389.
De minimis rule.
1390.
Nonapplicability of withdrawal liability for
certain temporary contribution obligation
periods; exception.
1391.
Methods for computing withdrawal liability.
1392.
Obligation to contribute.
1393.
Actuarial assumptions.
1394.
Application of plan amendments; exception.
1395.
Plan notification to corporation of poten-
tially significant withdrawals.
1396.
Special rules for plans under section 404(c) of
title 26.
1397.
Application of part in case of certain pre-1980
withdrawals; adjustment of covered plan.
1398.
Withdrawal not to occur because of change in
business form or suspension of contribu-
tions during labor dispute.
1399.
Notice, collection, etc., of withdrawal liabil-
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 1001
Stored review status: historical_2024_not_currentness_verified. The source passage cites 29 U.S.C. § 1001. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
For purposes of this subchapter:
(1) The terms “employee welfare benefit plan” and “welfare plan” mean any plan, fund, or program which was heretofore or is hereafter established or maintained by an employer or by an employee organization, or by both, to the extent that such plan, fund, or program was established or is maintained for the purpose of providing for its participants or their beneficiaries, through the purchase of insurance or otherwise, (A) medical, surgical, or hospital care or benefits, or benefits in the event of sickness, accident, disability, death or unemployment, or vacation benefits, apprenticeship or other training programs, or day care centers, scholarship funds, or prepaid legal services, or (B) any benefit described in [section 186(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section186/c&num=0&edition=prelim) (other than pensions on retirement or death, and insurance to provide such pensions).
(2)
(A) Except as provided in subparagraph (B), the terms “employee pension benefit plan” and “pension plan” mean any plan, fund, or program which was heretofore or is hereafter established or maintained by an employer or by an employee organization, or by both, to the extent that by its express terms or as a result of surrounding circumstances such plan, fund, or program—
(i) provides retirement income to employees, or
(ii) results in a deferral of income by employees for periods extending to the termination of covered employment or beyond,
regardless of the method of calculating the contributions made to the plan, the method of calculating the benefits under the plan or the method of distributing benefits from the plan. A distribution from a plan, fund, or program shall not be treated as made
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1002
Stored review status: release_metadata_unconfirmed. The source passage cites 29 U.S.C. § 1002. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 362
TITLE 29—LABOR
§ 1002
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Jan. 1, 1986, with certain exceptions,
see section 11019 of Pub. L. 99–272, set out as an Effec-
tive Date of 1986 Amendment note under section 1341 of
this title.
§ 1002. Definitions
For purposes of this subchapter:
(1) The terms ‘‘employee welfare benefit plan’’
and ‘‘welfare plan’’ mean any plan, fund, or pro-
gram which was heretofore or is hereafter estab-
lished or maintained by an employer or by an
employee organization, or by both, to the extent
that such plan, fund, or program was established
or is maintained for the purpose of providing for
its participants or their beneficiaries, through
the purchase of insurance or otherwise, (A) med-
ical, surgical, or hospital care or benefits, or
benefits in the event of sickness, accident, dis-
ability, death or unemployment, or vacation
benefits, apprenticeship or other training pro-
grams, or day care centers, scholarship funds, or
prepaid legal services, or (B) any benefit de-
scribed in section 186(c) of this title (other than
pensions on retirement or death, and insurance
to provide such pensions).
(2)(A) Except as provided in subparagraph (B),
the terms ‘‘employee pension benefit plan’’ and
‘‘pension plan’’ mean any plan, fund, or program
which was heretofore or is hereafter established
or maintained by an employer or by an em-
ployee organization, or by both, to the extent
that by its express terms or as a result of sur-
rounding circumstances such plan, fund, or pro-
gram—
(i) provides retirement income to employees,
or
(ii) results in a deferral of income by em-
ployees for periods extending to the termi-
nation of covered employment or beyond,
regardless of the method of calculating
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 1002
Stored review status: historical_2024_not_currentness_verified. The source passage cites 29 U.S.C. § 1002. This identifies an authority to review, not proof of applicability.