ERISA Preemption

Updates

The ERISA Industry Committee Files Lawsuit Against Oregon

ERIC has filed a complaint in the United States District Court for the District of Oregon against the Oregon Retirement Savings Board for obstructing federal law. In the complaint, ERIC is requesting an injunction against only the reporting requirement OregonSaves imposes on employers that already provide a retirement plan… More

ERIC’s Legal Complaint about OregonSaves State Retirement Plan: What You Need to Know

OregonSaves is the State of Oregon’s state-run retirement program. Signed into law in June 2015, the Oregon Retirement Savings Board was implemented and tasked with creating a defined contribution retirement plan for private-sector employees… More

SCOTUS Agrees to Hear Liberty Mutual Preemption Case; President Signs HCTC Into Law

Apparently two blockbuster employee benefits cases weren’t enough for the U.S. Supreme Court, as they have now decided to enter back into the ERISA preemption scrum… More

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Second Circuit Affirms Dismissal of Benefits Interference Claim under ERISA Seeking Same-Sex Spouse Coverage

The U.S. Court of Appeals for the Second Circuit has ruled that a proposed class of health plan participants seeking coverage for same-sex spouses cannot proceed with claims of fiduciary breach and benefit interference under ERISA. … More

protected content Solicitor General Invited to File Brief in ERISA Preemption Case

The U.S. Supreme Court has invited the Solicitor General to file a brief to advise the Court whether to accept cert in the case of Gobeille v. Liberty Mutual Insurance Company. … More

See All Updates

Amicus Briefs

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

Washington, D.C. -- The ERISA Industry Committee (ERIC) and the National Business Group on Health (NBGH), Washington, D.C.-based trade… More

ERIC Urges Appeals Court to Affirm Ruling that San Francisco Ordinance is Preempted by ERISA

Washington, D.C. -- ERIC and the National Business Group on Health (NBGH) today jointly urged the Ninth Circuit Court of Appeals to affirm… More

Ninth Circuit Issues Stay in San Franciscos Pay-or-Play Health Ordinance

The Ninth Circuit Court of Appeals January 9 stayed a lower court decision invalidating a San Francisco Pay-or-Play health care ordinance… More

Court Rules That ERISA Preempts San Francisco Employer Health Mandate

A California federal district court December 26 issued a ruling on summary judgment that a San Francisco health ordinance mandating employer… More

More Amicus Briefs

Court Rulings

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Second Circuit Affirms Dismissal of Benefits Interference Claim under ERISA Seeking Same-Sex Spouse Coverage

The U.S. Court of Appeals for the Second Circuit has ruled that a proposed class of health plan participants seeking coverage for same-sex spouses cannot proceed with claims of fiduciary breach and benefit interference under ERISA. … More

protected content ERIC and Epstein Becker Green Release Fall / Winter 2014 Edition of Benefits Litigation Update

ERIC earlier today released the latest edition of the Benefits Litigation Update, a joint project of ERIC and the law firm of Epstein Becker Green. … More

protected content Mixed Results from Courts of Appeals on ERISA Preemption

In recent weeks, U.S. Courts of Appeals have provided mixed results when determining whether state laws were superseded (i.e., preempted) by ERISA. Several Circuit Courts of Appeals recently held that a number of state laws that impacted ERISA plans were not preempted by ERISA, while some courts held that other state laws were not. … More

protected content ERIC’s Members Hear from Industry Experts at Legal Committee Meeting

In a meeting held May 8 in Washington, DC, members of ERIC’s Legal Committee heard from experts from the law firms of Miller &… More

protected content Supreme Court Hears ERISA Statute of Limitations Case Concerning Benefit Claim

The U.S. Supreme Court on October 15 heard oral arguments on a case concerning when a statute of limitations should accrue for judicial review of an adverse benefit determination under ERISA (Heimeshoff v. Hartford Life & Accident Insurance Co.). … More

protected content Coverage on U.S. Supreme Court Rulings on DOMA and Proposition 8

As you probably have heard, the U.S. Supreme Court on June 26 issued its long-awaited decisions on the constitutionality of same-sex marriages, ruling that section 3 of the Defense of Marriage Act is unconstitutional under the Equal Protection Clause in the United States v. Windsor. … More

protected content Supreme Court Invalidates DOMA and Dismisses California Proposition 8 Appeal

The U.S. Supreme Court has issued its long-awaited decisions on the constitutionality of same-sex marriages. The Court’s holdings in these cases could have a significant impact on the manner in which employee benefit plans need to be operated. The Court heard two cases involving same-sex marriages – one involving state law and the other involving federal law.… More

ERIC President Scott Macey Comments on the U.S. Supreme Court’s Decisions on the Defense of Marriage Act (DOMA) and Proposition 8

Washington, D.C. -- ERIC President Scott Macey Comments on the U.S. Supreme Court’s Decisions on the Defense of Marriage Act (DOMA) and Proposition 8: “Today’s rulings by the U.S. Supreme Court could have a significant impact on the way employee benefit plans are administered. Companies will need to carefully evaluate their plans in light of these decisions. … More

More Court Rulings

Judicial Documents

The ERISA Industry Committee Files Lawsuit Against Oregon

ERIC has filed a complaint in the United States District Court for the District of Oregon against the Oregon Retirement Savings Board for obstructing federal law. In the complaint, ERIC is requesting an injunction against only the reporting requirement OregonSaves imposes on employers that already provide a retirement plan… More

ERIC’s Legal Complaint about OregonSaves State Retirement Plan: What You Need to Know

OregonSaves is the State of Oregon’s state-run retirement program. Signed into law in June 2015, the Oregon Retirement Savings Board was implemented and tasked with creating a defined contribution retirement plan for private-sector employees… More

protected content Solicitor General Invited to File Brief in ERISA Preemption Case

The U.S. Supreme Court has invited the Solicitor General to file a brief to advise the Court whether to accept cert in the case of Gobeille v. Liberty Mutual Insurance Company. … More

protected content Mixed Results from Courts of Appeals on ERISA Preemption

In recent weeks, U.S. Courts of Appeals have provided mixed results when determining whether state laws were superseded (i.e., preempted) by ERISA. Several Circuit Courts of Appeals recently held that a number of state laws that impacted ERISA plans were not preempted by ERISA, while some courts held that other state laws were not. … More

protected content Supreme Court Hears ERISA Statute of Limitations Case Concerning Benefit Claim

The U.S. Supreme Court on October 15 heard oral arguments on a case concerning when a statute of limitations should accrue for judicial review of an adverse benefit determination under ERISA (Heimeshoff v. Hartford Life & Accident Insurance Co.). … More

protected content Coverage on U.S. Supreme Court Rulings on DOMA and Proposition 8

As you probably have heard, the U.S. Supreme Court on June 26 issued its long-awaited decisions on the constitutionality of same-sex marriages, ruling that section 3 of the Defense of Marriage Act is unconstitutional under the Equal Protection Clause in the United States v. Windsor. … More

protected content Supreme Court Invalidates DOMA and Dismisses California Proposition 8 Appeal

The U.S. Supreme Court has issued its long-awaited decisions on the constitutionality of same-sex marriages. The Court’s holdings in these cases could have a significant impact on the manner in which employee benefit plans need to be operated. The Court heard two cases involving same-sex marriages – one involving state law and the other involving federal law.… More

More Judicial Documents

Legislative Documents

protected content Michigan Health Insurance Claims Tax Extended

Michigan Governor Rick Snyder (R) on June 11 signed legislation extending until January 1, 2018, a one percent tax on health insurance claims (of both insured and self-insured plans) paid by plan administrators for medical services rendered in the state to Michigan residents. … More

More Legislative Documents

Letters to Congress

ERIC Joins Letter to Congress Honoring the 40th Anniversary of ERISA

The undersigned organizations, representing plan sponsors, service providers, and plan administrators who deliver retirement benefits to millions of American workers, ask you to join us in celebrating the passage of this law and the success of the private retirement system that has been created around it.… More

More Letters to Congress

Policy Briefs

protected content ERIC’s Members Hear from Industry Experts at Legal Committee Meeting

In a meeting held May 8 in Washington, DC, members of ERIC’s Legal Committee heard from experts from the law firms of Miller &… More

Discussion Points Regarding DOL Proposed Regulation Redefining “Health and Welfare Plan” to Permit State Government Plans to Include Non-Employee Participants

Related Files Link to Discussion Points of Proposed Regulation Federal Register Description … More

ERIC Sends Letter to House in Opposition of Shadegg Amendment

ERIC this afternoon sent a letter to all Members of the House of Representatives in opposition to the possible inclusion of an amendment by… More

More Policy Briefs

Press Releases

The ERISA Industry Committee Files Lawsuit Against Oregon

ERIC has filed a complaint in the United States District Court for the District of Oregon against the Oregon Retirement Savings Board for obstructing federal law. In the complaint, ERIC is requesting an injunction against only the reporting requirement OregonSaves imposes on employers that already provide a retirement plan… More

ERIC President Scott Macey Comments on the U.S. Supreme Court’s Decisions on the Defense of Marriage Act (DOMA) and Proposition 8

Washington, D.C. -- ERIC President Scott Macey Comments on the U.S. Supreme Court’s Decisions on the Defense of Marriage Act (DOMA) and Proposition 8: “Today’s rulings by the U.S. Supreme Court could have a significant impact on the way employee benefit plans are administered. Companies will need to carefully evaluate their plans in light of these decisions. … More

More Press Releases