ERISA 514 Preemption

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Presentation Description

This is a 9-minute podcast for Professor Pope's QUALITY & LIABILITY class that supplements the session on Nov. 7, 2012

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Presentation Transcript

514 Preemption: 

514 Preemption

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Section 502 29 U.S.C. § 1132 Section 514 29 U.S.C. § 1144

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Section 502 Implied / complete preemption Gives federal jurisdiction Primarily affects tort & contract actions

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A civil action may be brought . . . to recover benefits due to him under the terms of his plan, to enforce his rights under the terms of the plan, or to clarify his rights to future benefits under the terms of the plan

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Section 514 Express / conflict preemption Primarily affects regulatory measures (but tort too)

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“Except as provided in subsection (b) of this section, the provisions of [ERISA] shall supersede any and all State laws insofar as they may now or hereafter relate to any employee benefit plan . . .”

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State law “relates to” plan State law only regulates insurance Preempted