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ERISA Preemption and Remedies

Learn about how ERISA preempts state laws regulating employer-sponsored health insurance plans and provides exclusive federal remedies for ERISA violations.


The Employee Retirement Income Security Act, or ERISA, is meant to provide federal oversight and a uniform regulatory system for employer-sponsored health insurance. ERISA does this by providing a set of federal rules. To prevent state interference with this federal scheme, ERISA also contains two provisions that preempt (1) state laws and (2) state remedies that attempt to regulate those same employer plans. Preemption means that a federal law takes precedence over certain state laws,...