MULTIPLE EMPLOYER WELFARE ARRANGEMENTS

Multiple Employer Welfare Arrangements (MEWAs) are arrangements among two or more employers or self-employed individuals sharing a "commonality of interest." Under a MEWA, multiple employers can provide employee welfare benefit plans to their employees and can involve any plan, fund, or program which is established or maintained by an employer or an employee organizer for the specific purpose of providing medical, surgical, or hospital care or benefits, or benefits in the event of sickness, accident, disability, or death. To participate in a MEWA, employers may meet the commonality of interest test if they are similarly related by profession or industry and they form an organizational relationship to act in the interests of their employer-members. Unrelated employers who enter into an agreement solely for the purpose of providing insurance may lack the genuine organizational relationship required by the commonality of interest test. Similarly, groups or associations where membership includes persons who are not employers or where control of the groups or associations is not vested solely in employer members, are not bona fide groups or associations under the commonality of interest test, articulated in ERISA, Title 1.

The Wyoming Department of Insurance has regulatory authority over all MEWAs operating in the state that are not under the authority of the U.S. Department of Labor.

All MEWAs operating in Wyoming must be licensed by the Department before commencing operations within the state pursuant to W.S. § 26-19-115 ↗. Please refer to Chapter 71* of the Wyoming Insurance Regulations for additional guidance regarding licensing and filing requirements.

In order to obtain a license the following must be provided:

• Wyoming MEWA Application*, including required attachments

• $500 licensing fee

• All required information must be submitted to the Wyoming Department of Insurance before an application will be considered for approval. The licensing fee is only accepted in check form. The check shall be made out to the Wyoming State Treasurer and mailed to:

Wyoming Department of Insurance
ATTN: MEWA Licensing
106 E. 6th Ave.
Cheyenne, WY 82002

RENEWALS

Wyoming requires all renewal forms to be submitted electronically through our Document Submission Portal↗.

***Annual Filings will not be accepted as complete/renewed without all forms and fees***

Please upload the following each year prior to June 1:

1. Renewal Application Form: Wyoming MEWA Renewal Application* (include number of covered lives by employer)

2. Form M-1

3. Supporting documents: list of all current contracts, noting any changes since previous year.

4. Annual renewal fee of $500. Please note that Wyoming requires payments be made electronically via Sircon ↗. To use this service you must be a Sircon account holder. If you do not have a Sircon account you may establish one through their carrier signup page ↗.

Additional Documents for Self-Insured Benefit Plans, also due prior to June 1 annually:

1. Audited Financial Statements

2. Actuarial Opinion: A statement of opinion as to loss and loss expense reserves certified by an actuary. If an actuarial opinion is not available, provide supporting documentation showing MEWA's stop-loss carrier has reviewed and approve the contribution level and reported loss reserves.

3. Evidence of Stop-Loss coverage, issued by an insurance company that is admitted in Wyoming.