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Text of Amicus Brief by ERISA Industry Committee Seeking Full Ninth Circuit Review of San Francisco Employer 'Play-or-Pay' Ordinance (PDF)

22 pages. Excerpt: This past Friday, October 31, 2008, The ERISA Industry Committee (ERIC) and the National Business Group on Health (NBGH) -- two organizations representing large, national employers providing health benefits to tens of millions of Americans -- filed an amicus brief supporting the Golden Gate Restaurant Association's call for a full Ninth Circuit Court of Appeals review of the city of San Francisco's controversial play or pay ordinance on employers.

ERIC and NBGH Urge Supreme Court to Consider Petition to Overturn San Francisco Health Ordinance

Excerpt: The ERISA Industry Committee (ERIC) and the National Business Group on Health (NBGH), Washington, D.C.-based trade associations that represent America's major employers, [on July 10, 2009,] urged the Supreme Court to grant the petition by the Golden Gate Restaurant Association asking the Court to review the decision of the Ninth Circuit Court of Appeals in the case of the Golden Gate Restaurant Association vs. City and County of San Francisco.

Text of ERIC's Amicus Brief to Ninth Circuit on ERISA Preemption of San Francisco Healthcare Ordinance (PDF)

40 pages. Excerpt: If the San Francisco Health Care Security Ordinance ... is allowed to circumvent ERISA's preemption provision, the Ordinance would subvert fundamental policies that Congress sought to advance when it enacted ERISA. Directly contrary to the voluntary employee benefit regime established by ERISA, the Ordinance would (1) require covered employers to provide health coverage, (2) specify how much a covered employer must spend on health care coverage, and (3) prevent covered employers with operations in San Francisco ... and in any other jurisdiction that adopts similar legislation, from maintaining health care plans that operate uniformly nationwide. The cost of complying with the resulting patchwork quilt of state and local health care laws will be borne by both employers and employees.