The U.S. Department of Labor (DOL) has issued new guidance narrowing when a group of unrelated employers can join together and form an association health plan (“AHP”)—a plan that is treated as a single employer plan under ERISA. The new guidance narrows the circumstances under which an AHP can be considered an employer-sponsored plan under ERISA. This ruling may also foretell changes to the rules governing multiple employer retirement plans (MEPs).