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Ninth Circuit: ERISA Preempts State Insurance Law Bans on Discretionary Clauses for Self-Funded ERISA Plans
Seyfarth Shaw LLP Link to more items from this source
Sept. 13, 2017
"The Ninth Circuit has weighed into the national debate over discretionary clauses in ERISA plans, holding that ERISA preempts a state-law ban on discretionary clauses for self-funded disability plans, but not for fully-insured plans.... The Ninth Circuit focused its analysis on the difference between a fully-insured and a self-funded benefit plan." [Williby v. Aetna Life Ins. Co., No. 15-56394 (9th Cir. Aug. 15, 2017)]

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