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Physician's State Law Claim for Disability Benefits Preempted by ERISA
Williams MullenLink to more items from this source
Feb. 27, 2015
"[T]he court first had to determine that three disability insurance policies constituted an ERISA-governed benefit plan and that ERISA still controlled the plan even though the radiologist's employer was defunct by the time his claim arose.... Relying on Third Circuit precedent, the court held further that the funding could come from the employer, the employee, or both, and the payment of the premiums by Hershan, an employee, satisfied that requirement. In addition, the employer had participated in a meaningful way in creating or administering the plan, by enabling the employees to enjoy a 15% premium discount pursuant to the Salary Allotment Agreements and by handling payments for the premiums. This was enough to 'establish or maintain' a plan." [Hershan v. Unum Group Corp., No. 2:14-6120 (D.N.J. Feb. 5, 2015]

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