(i) A person who only provides services to bona fide employee benefit plans that are established by an employer or an employee organization, or both, for which the insurance laws of this state are preempted under the Employee Retirement Income Security Act of 1974, is not required to be additionally registered as a third-party administrator if the person certifies to the director on or before February 1 of each year its exempt status.

“Administrator” does not include: (n) A person who acts only as an administrator of one or more bona fide employee benefit plans established by an employer or an employee organization, or both, for which the insurance laws of this state are preempted pursuant to the employee retirement income security act of 1974.

TPA must provide employer evidence of a safe chain-of-custody of assets process for ensuring fulfillment of fiduciary responsibilities and timely placement of participant investments.

If TPA is related to or affiliated with a provider of investment products pursuant to Section 403(b) or 457 of the IRC, the TPA must provide evidence that data generated from the services the TPA provides is maintained in a manner that prevents the investment product provider from accessing the data unless the data is required to provide the services in accordance with the contract entered into with the employer pursuant to Cal. Educ. Code §44041.5(b).

Cal. Educ. Code §44041.5(c)(1):

A TPA under contract to perform 403(b) plan administrative services for a school district and its employees may receive compensation for promotion or sale of a particular 403(b) plan so long as the TPA’s relationship with a plan vendor or provider, and the nature of the compensation received, are fully disclosed to the school district and employees.  Op. Atty. Gen. 06-408

(b) With the approval of the state board, the third-party administrator may subcontract with other organizations or individuals to provide components of the administrative services.

The third-party administrator may not be an approved provider or be affiliated with an approved provider.

(f) The third-party administrator shall not receive direct or indirect compensation from an approved provider, except as specifically provided for in the contract with the board.

A person shall not be required to maintain a license as an administrator under this Chapter if the person acts solely as the administrator of one or more bona fide employee benefit plans established and maintained by an employer or an employee organization, or both, for which the insurance laws of the state are preempted pursuant to the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.). The person exempted herein shall register with the commissioner, annually, to verify their status.

(Pending Bill: H.B. 669)

“Administrator” does not include: (2)(iv) A person who administers only plans that are subject to ERISA and that do not provide benefits through insurance, unless any of the plans administered is a multiple employer welfare arrangement as defined in § 514(b)(6)(A)(ii) of ERISA.

Read with Md. INSURANCE Code § 8-303:

(a) In general, a person must register with the Commissioner before the person acts as or represents itself as an administrator in the State.
(b) Administrators of ERISA plans. — A person that would be an administrator subject to this subtitle but for the exemption under § 8-301(b)(2)(iv) of this subtitle shall provide to the Commissioner:
(1) written notice that the person operates in the State; and
(2) evidence satisfactory to the Commissioner that the person is complying with any applicable bonding requirements imposed by ERISA.

A person shall not be required to hold a certificate of authority as a third-party administrator in this state if the person exclusively provides services to one or more bona fide employee benefit plans each of which is established by an employer or an employee organization, or both, and for which the insurance laws of this state are preempted pursuant to the Employee Retirement Income Security Act of 1974. Such person shall register with the director, annually, to verify his or her status.

(f) Any retirement system or pension fund that was doing business on January first, nineteen hundred forty under the education law, the civil service law, the mental hygiene law, any special act of incorporation of this state, or any municipal charter adopted under the laws of this state, exclusively for the benefit of the members of such system or fund or for all or any classes of the employees of this state or any municipality thereof, shall be exempt from the provisions of this chapter.

(h) Any relief department or pension plan of any common carrier subject to the Railroad Retirement Act of 1974 (45 U.S.C. § 31), whose privileges and membership are confined to employees or former employees of such carrier or its affiliated or subsidiary companies, or to any association of such common carriers which administers any such department or plan.

(4) “Plan” means an insured or wholly or partially self-insured employee benefit plan which by means of direct payment, reimbursement or other arrangement provides to one or more employees who are residents of this state benefits or services that include, but are not limited to, benefits for medical, surgical or hospital care, benefits in the event of sickness, accident, disability or death, or benefits in the event of unemployment or retirement.

Wis. Stat. § 633.13 provides that a person may not act as an Administrator unless licensed.  Wis. Stat. § 633.14, Wis. Stat. § 601.31 (1) (w) – Provides for a license fee of $100.

Wis. Adm. Code Ins 8.26:

The application shall include:

A financial statement; and

A statement as to whether the administrator does any of the following:
1. Collects premiums or employee contributions on behalf of any principal.
2. Maintains separate fiduciary accounts for each principal.

The following information should also be included:
1. Whether the individual has been fined or reprimanded or has been the subject of a consent decree in any state by any agency that regulates the business of administrators, insurance, real estate, securities or financial institutions.
2. Any previous license as an administrator refused, suspended, denied or revoked in any state.
3. Any conviction of a felony or misdemeanor, other than a misdemeanor related to the use of a motor vehicle or the violation of a fish and game regulation.
4. Any previous employment by an administrator or insurance company, or in the business of real estate, securities or financial institutions, whether his or her employment has been terminated or non-renewed because of allegations of misconduct or wrongdoing.
(h) If the administrator is from outside this state, a statement that the administrator agrees to be subject to the jurisdiction of the commissioner and the courts of this state.