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Employee Benefit Plan is Governmental Plan, Even Though Employees are Not
Womble Carlyle 
June 8, 2014
"While there was not much question that the Hospital was a governmental entity, the fact that Staffing, Inc.'s employees were not state employees made for a trickier question as to whether Staffing, Inc.'s plan was governed by ERISA.... [The Magistrate Court] found five of the six factors weighing in favor of deeming Staffing, Inc. an 'agency or instrumentality' of the government."
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