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
All MEWAs shall submit a Wyoming MEWA Renewal Application*, including the $500 renewal fee, along with the documentation listed on the renewal application, no later than June 1 each year.