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Supreme Court Unanimously Upholds ERISA Exemption for Church-Affiliated Pension Plans
SCOTUSblog June 6, 2017 "[T]he employees needed to persuade the justices that waiving the establishment requirement for affiliate-maintained plans was not simply odd ... but so bizarre that the justices should walk away from a straightforward reading of the language.... Although Justice Sonia Sotomayor joined Kagan's opinion ... she pointedly notes that 'organizations such as petitioners operate for-profit subsidiaries, employ thousands of employees, earn billions of dollars in revenue, and compete in the secular market with companies that must bear the cost of complying with ERISA.... This current reality might prompt Congress to take a different path.' " [Advocate Health Care Network v. Stapleton, No. 16-74 (U.S. June 3, 2017)] |
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