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When Do State Laws Determine ERISA Plan Benefit Rights?
Law Offices of Albert Feuer, via SSRN Link to more items from this source
June 1, 2014

Includes a link to the full 256-page paper. Excerpt: "[This] article proposes that three principles may be used to decide when state benefit laws determine ERISA benefit rights. First, ERISA permits state laws that do not diminish or enhance (a) ERISA benefit entitlements; (b) ERISA enforcement mechanisms; or (c) ERISA mandates. Second, ERISA preempts any state law that diminishes or enhances any of these ERISA protections unless the diminution or enhancement was needed to implement a state law that is not otherwise preempted ... Third, a law is not otherwise preempted if the law [1] is described in an implicit or explicit exclusion from the ERISA General Preemption Rule, or [2] does not diminish or enhance any of the three above benefit protections other than with a reporting or disclosure mandate that is used to implement the law. Neither the courts nor other commentators have thoroughly explored these principles."

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