preemption

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ntang
Posts: 31
Joined: Fri Mar 02, 2018 12:01 am

preemption

Post by ntang » Fri Mar 02, 2018 12:10 am

Does ERISA preempt state law?

lduffy
Posts: 29
Joined: Thu Mar 01, 2018 10:15 pm

Re: preemption

Post by lduffy » Fri Mar 02, 2018 12:59 am

Yes. In most cases ERISA preempts state law which is why a state court can order a pension division but a private plan will not implement the state court order until served with a domestic relations order that meets ERISA’s requirements as “qualified.”

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