When is ERISA preemption permitted? Beneficiary designation forms can cause headaches for benefits administrators

Palmieri, Frank
May 2011
Employee Benefit News;May2011, Vol. 25 Issue 6, p50
The article focuses on the U.S. Employee Retirement Income Security Act of 1974 (ERISA) preemption to an employee benefit plan. It states that the U.S. Supreme Court defined when ERISA preemption applies and determined the situations connected to an employee benefit plan. It mentions that the circuit courts have split decisions on whether the ERISA preemption should require benefits to be paid to the state or the state law doctrines will allow the designation of the beneficiaries to be honored.


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