May 1, 2009 Mr. Stephen Llewellyn, Executive Officer Executive Secretariat Equal Employment Opportunity Commission 131 M Street, N.E., Suite 6NE03F Washington, DC 20507 Re: Comments – Proposed Rule Implementing Title II of the Genetic Information Nondiscrimination Act (RIN 3046-AA84) Dear Mr. Llewellyn: The American Benefits Council (the "Council") appreciates the opportunity to comment on the Equal Employment Opportunity Commission’s (“Commission’s”) proposed rule implementing Title II of the Genetic Information Nondiscrimination Act (“GINA”). 74 Fed. Reg. 9056 (March 2, 2009). The Council is a public policy organization representing principally Fortune 500 companies and other organizations that assist employers of all sizes in providing benefits to employees. Collectively, the Council's members either sponsor directly, or provide services to, retirement and health plans that cover more than 100 million Americans. The Council supports the general intent of GINA to protect individuals against discrimination based on genetic information. We are concerned, however, about the potential for implementing regulations to impede legitimate benefit plan practices, particularly with respect to wellness programs, which many of our members offer as a 1means of improving health and lowering costs. 1 The Council also provided comment on a Request for Information regarding ...