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Friday the 13th Unlucky for CalSavers as U.S. Maintains Law Is Preempted by ERISA
Murphy Austin Sept. 19, 2019 "In the Statement, the [DOL] maintains that CalSavers is preempted by ERISA because ERISA plans are necessary to its framework and it forces employers to either maintain an ERISA plan or to participate in CalSavers. Additionally, the Department maintains that the CalSavers program itself creates an administrative scheme that employers must follow if not maintaining an ERISA plan. Therefore, the CalSavers program as maintained by any one employer is an ERISA-covered plan." [Howard Jarvis Taxpayers Assoc. v. The California Secure Choice Ret. Savings Prog. (CalSavers), No. 18-1584 (E.D. Cal. Mar. 28, 2019)] |
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