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ERISA § 521 (29 U.S.C. § 1151)

Administrative summary cease and desist orders and summary seizure orders against multiple employer welfare arrangements in financially hazardous condition
USC 2024 ed., current through 2025-01-06 · current · last amended by Pub. L. 111-148
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(a) In general The Secretary may issue a cease and desist (ex parte) order under this subchapter if it appears to the Secretary that the alleged conduct of a multiple employer welfare arrangement described in section 1002(40) of this title, other than a plan or arrangement described in subsection (g), is fraudulent, or creates an immediate danger to the public safety or welfare, or is causing or can be reasonably expected to cause significant, imminent, and irreparable public injury.
(b) Hearing A person that is adversely affected by the issuance of a cease and desist order under subsection (a) may request a hearing by the Secretary regarding such order. The Secretary may require that a proceeding under this section, including all related information and evidence, be conducted in a confidential manner.
(c) Burden of proof The burden of proof in any hearing conducted under subsection (b) shall be on the party requesting the hearing to show cause why the cease and desist order should be set aside.
(d) Determination Based upon the evidence presented at a hearing under subsection (b), the cease and desist order involved may be affirmed, modified, or set aside by the Secretary in whole or in part.
(e) Seizure The Secretary may issue a summary seizure order under this subchapter if it appears that a multiple employer welfare arrangement is in a financially hazardous condition.
(f) Regulations The Secretary may promulgate such regulations or other guidance as may be necessary or appropriate to carry out this section.
(g) Exception This section shall not apply to any plan or arrangement that does not fall within the meaning of the term "multiple employer welfare arrangement" under section 1002(40)(A) of this title.
Source credit, amendments & notes

(Pub. L. 93–406, title I, §521, as added Pub. L. 111–148, title VI, §6605(a), Mar. 23, 2010, 124 Stat. 780.)

ERISA § 521 (29 U.S.C. § 1151) — Administrative summary cease and desist orders and summary seizure orders against multiple employer welfare arrangements in financially hazardous condition · USC 2024 ed., current through 2025-01-06 · https://pensionresource.website/EAMain?content=EAMain.Law&id=usc29-1151&asof=2011-01-07 · printed Oct 16, 2026
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Cited by (code & regs)
Department of Labor Regulations
Guidance addressing this section
Department of Labor (EBSA)
Final Rules
Proposed Rules
  • 76 FR 76235Proposed Dec 6, 2011 — Ex Parte Cease and Desist and Summary Seizure Orders-Multiple Employer Welfare Arrangements Comments due Mar 5, 2012 (a)(b)(c)(e)(e)(8)(f)
Also cited in 5 other documents
Department of Labor (EBSA)
Final Rules
  • 85 FR 72934 Nov 16, 2020 — Registration Requirements for Pooled Plan Providers
  • 83 FR 28912 Jun 21, 2018 — Definition of “Employer” Under Section 3(5) of ERISA-Association Health Plans (b)(3)(e)
  • 78 FR 13781 Mar 1, 2013 — Filings Required of Multiple Employer Welfare Arrangements and Certain Other Related Entities
Proposed Rules
  • 83 FR 614Proposed Jan 5, 2018 — Definition of “Employer” Under Section 3(5) of ERISA-Association Health Plans Comments due Mar 6, 2018 (a)(e)
  • 76 FR 76222Proposed Dec 6, 2011 — Filings Required of Multiple Employer Welfare Arrangements and Certain Other Related Entities Comments due Mar 5, 2012

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Jan 7, 2011currentUSC 2024 ed., current through 2025-01-06 run 1Pub. L. 111-148View
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