§ 4.3.6.3 "Relates To"

• Jurisdiction: Arizona

§ 4.3.6.3 "Relates To." The "relates to" provision in the ERISA preemption clause was one of the earliest concepts to be clarified by the Supreme Court. In Shaw,⁸² the Court held that a state law "relates to" an employee benefit plan if it has a connection with or makes a reference to the benefit plan, and that this term should be given its broadest common sense meaning.

In 1988, the Court amplified this concept by noting that a state law that is specifically designed to apply to ERISA covered plans and/or...