Is it legal in Calif. for employees to enroll in a group health plan completely through a company's intranet system? Options

[neophyte]

Is it legal for employees to enroll in a group health plan completely through a company's intranet system? What if the company doesn't have the technology for an electronic signature (employees do have passwords though)?

I'm confused b/c I've seen quite a fee online enrollment service providers but I thought the DOL rules re: electronic disclosure cover only certain forms and disclosure obligations and did not expressly cover enrollment procedures where employee consent is required for payroll deductions?

Are CA wage lawas that require a written authorization preempted by ERISA?

HELP!!!

[GBurns]

Good question.

I have always wondered about these issues but never had the time to really look especially at the State requirement (in most states) that there must be written authorization for ANY deduction or reduction from salary. And I have never seen where ERISA preempts any state labor law.

Before the Fl DOL was disbanded they said that written authorization was needed and ERISA did not pre-empt.

Maybe it would be best to ask some of the providers of on-line enrollment services for their legal standing.

This post has been edited by GBurns: Sep 29 2003, 05:56 PM

[mbozek]

DOL has issued opinions premepting state labor laws in Puerto Rico and NY requiring employee consent for wage withholding to benefit plan subject to ERISA on the theory that state laws interfere with the funding of ERISA plans. Opinions 94-27A, 93-05A and 88-17A.