ERISA and the Courts
Federal vs. State Regulation of Health Care Plans
The Employee Retirement Income Security Act (ERISA) provides a comprehensive Federal scheme for the regulation of employee pension and welfare benefit plans offered by employers. While ERISA does not require an employer to offer pension and welfare benefits, it does mandate compliance with its provisions if such benefits are offered. Congress enacted ERISA to eliminate the conflicting and inconsistent regulation of pension and employee welfare benefit plans by State laws. The provisions at issue in the preemption debate are Sections 502(a) and 514(a) of ERISA. Section 514(a) expressly preempts "any and all State laws insofar as they may now or…
