Coronavirus (COVID-19) News and Resources
Coronavirus (COVID-19) Webcasts
Subscribe to Free Daily Newsletters
Post a Job

Featured Jobs

ESOP Valuation Writer
Unique ESOP Valuation Provider
Enrolled Actuary
Loren D. Stark Company logo
Loren D. Stark Company

Free Daily News and Jobs

“BenefitsLink continues to be the most valuable resource we have at the firm.”

-- An attorney subscriber

Get the BenefitsLink app LinkedIn

<< Previous news item   |   Next news item >>

Text of Second Circuit Opinion That ERISA Preempts Vermont State Reporting Requirements for Health Plans (PDF)
U.S. Court of Appeals for the Second Circuit Link to more items from this source
Feb. 5, 2014
"We hold that the reporting requirements of the Vermont statute and regulation have a 'connection with' ERISA plans (though no 'reference to' them) and are therefore preempted as applied. Our holding is supported by the principle ... that 'reporting' is a core ERISA function shielded from potentially inconsistent and burdensome state regulation.... Not every state law imposing a reporting requirement is preempted.... But the reporting mandated by the Vermont statute and regulation is burdensome, time-consuming, and risky. Even considered alone, the Vermont scheme triggers preemption; considered as one of several or a score of uncoordinated state reporting regimes, it is obviously intolerable." [Liberty Mut. Ins. Co. v. Donegan, No.12-4881-cv (2d Cir. Feb. 4, 2014); includes a vigorous dissent by Judge Straub.]

Please click here to report this link if it is broken (for example, if you see a "404 File Not Found" error message after you click on the link above).
An important word about authorship: BenefitsLink® is providing a hypertext link to the item shown above, but is not the author of the item (unless otherwise specified).
© 2020, Inc.