Section 13.13 Issue Regarding Employee Retirement Income Security Act of 1974 Preemption of State Law
| Library | Trusts and Powers 2013 Supp |
F. (§13.13) Issue Regarding Employee Retirement Income Security Act of 1974 Preemption of State Law
Section 514(a), 29 U.S.C. § 1144(a), of ERISA provides that Titles I and IV of ERISA “shall supersede any and all State laws insofar as they may now or hereafter relate to any employee benefit plan” governed by ERISA. Because of ERISA preemption, contractual arrangements between the employer and the employee—including all plan provisions that would have been subject to collective bargaining—would ordinarily override contrary provisions of the...
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