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American Benefits Council Letter to EBSA on ERISA Preemption of State Fiduciary Rules
American Benefits Council [Opinion] Feb. 26, 2018
"State fiduciary rules, like the one enacted in Nevada, are clearly preempted by ERISA.... ERISA defines who is a fiduciary, details that standard of care, and creates its own enforcement mechanisms through DOL, the IRS, and federal courts. States cannot add any new or additional requirements to that comprehensive system if their regulation 'relates to' an employee benefit plan."
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