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Supreme Court Preemption Decision Could Reach Beyond Self-Insured Health Plans
McGuireWoods Link to more items from this source
Mar. 4, 2016

"Gobeille's ruling that the Vermont statute was a 'direct regulation of a fundamental ERISA function' might equally be applied to a state-sponsored retirement program for private sector employees where benefits are provided through employer payroll deduction. The rather cursory analysis provided in the preamble to the proposed regulation to support the DOL's rationale for exempting such a program from ERISA, and the recognition that state voluntary payroll decision arrangements might still be pre-empted depending on the specific terms of the applicable state law, would seem to require some re-examination in light of the relatively direct analysis in Gobeille."

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