Contact Us for a Free Consultation (949)-645-9366

Jurisdction and Preemption Under ERISA

Federal Jurisdiction and ERISA Preemption

All ERISA cases are heard in federal court.

U.S.C.§ 1114(a) provides a very broad preemption clause that ERISA supersedes any and all state laws insofar as they relate to an employee benefit plan. The U.S. Supreme Court has characterized ERISA's preemption provision as extremely broad and that ERISA supersedes "any and all state laws as they may now or hereafter relate to" an ERISA plan.

Section 514(b)(2)(A) contains a "savings clause" which provides that nothing in ERISA "shall be construed to exempt or relieve any person from any law of any state which regulates insurance, banking or securities."

Section 514(b)(2)(B) contains the "deemer clause" which qualifies the savings clause by providing that no employee benefit plan shall be deemed to be an insurance company or other insurer, bank, trust company, or investment company for the purpose of state regulation.

Accordingly, the federal court has exclusive jurisdiction as to any claim for employee benefits under an employee benefit plan regulated and governed under ERISA, in accordance with 29 U.S.C. §§ 1132(a), (e), (f) and (g).

ERISA law is complicated. At Law Med, we are ERISA knowledgeable and experienced. 

Menu