Wellness Program Advisory Opinion

This document is about a response from the U.S. Department of Labor to an inquiry regarding whether the Southern Company's wholly-owned subsidiaries' wellness programs are considered employee welfare benefit plans under the Employee Retirement Income Security Act (ERISA). The Department examines the nature of the wellness programs and determines that they may constitute ERISA employee welfare benefit plans if they provide benefits described in ERISA Section 3(1), regardless of the scope or frequency of the benefits. The document provides guidance on the regulatory framework and interpretation of ERISA in relation to these types of programs.