dcl9360.htm

OBRA amendments to ERISA

November 30, 1993

DC-93-60

TO ALL STATE IV-D DIRECTORS

Dear Colleague:

Attached is a Department of Labor (DOL) Request for Information, regarding the need for a regulation clarifying certain Omnibus Budget Reconciliation Act of 1993 (OBRA'93) amendments to the Employee Retirement Income Security Act (ERISA) addressing qualified medical child support orders (QMCSOs).

The DOL anticipates that information and views received in response to the request will aid DOL in assessing the need for issuing a regulation to clarify QMCSO requirements. Because the QMSCO provisions were modeled in large part on existing statutory requirements governing qualified domestic relations orders (QDROs), DOL also anticipates that an issuance of regulations under QDRO provisions could likely affect the interpretation of ERISA's provisions relating to QMCSOs enacted in OBRA'93. Therefore, they also request that commenters consider the QDRO/QMCSO similarities in formulating their comments. The request for information provides additional information regarding the requirements an order must meet in order to be considered a QDRO or QMCSO.

We strongly encourage you to urge DOL to issue regulations clarifying QMCSO requirements because of the impact on States of having to properly draft these QMCSOs to ensure that employers and administrators of group health plans under ERISA comply with orders to enroll obligors in health insurance coverage.

We would appreciate if you would also send us a copy of any comments you submit to the DOL. Please send our copy to: OCSE, Policy and Planning Division, 370 L'Enfant Promenade, SW, Washington, DC, 20447.

If you have any questions, or need additional information, please contact Andrew J. Hagan, OCSE Policy and Planning Division, (202) 401-5375.

Sincerely,

Robert C. Harris

Acting Deputy Director

Office of Child Support

Enforcement

Enclosure

cc: ACF Regional Administrators

Child Support Program Managers, Regions I - X