Appellate courts have been all over the map recently in determining when ERISA supersedes state laws in claims against employers.
In a brief to its members, the ERISA Industry Committee examined four appellate court decisions in recent weeks that prove how complex the application of ERISA can be, and the challenges employers face staying in compliance with federal and state laws.
ERISA, as a federal law, supersedes all state laws that relate to benefit plans. But exceptions exist to state laws that regulate insurance, banking and securities, according to ERIC's brief.
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Nick Thornton
Nick Thornton is a financial writer covering retirement and health care issues for BenefitsPRO and ALM Media. He greatly enjoys learning from the vast minds in the legal, academic, advisory and money management communities when covering the retirement space. He's also written on international marketing trends, financial institution risk management, defense and energy issues, the restaurant industry in New York City, surfing, cigars, rum, travel, and fishing. When not writing, he's pushing into some land or water.
