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Ninth Circuit eases path to citizenship for some children of naturalized U.S. citizens
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The Ninth Circuit Court of Appeals said U.S. residents who were under 18 when a 1952 law was in effect were eligible for citizenship through their parents, protecting them from deportation.Gabrielle Lurie/The Chronicle
With key votes from two appointees of former President Donald Trump, a federal appeals court eased the path to citizenship Thursday for some children of naturalized U.S. citizens, protecting the youths from deportation if they are later convicted of crimes.
The case before the Ninth U.S. Circuit Court of Appeals in San Francisco involved the meaning of a former law that set conditions for immigrant children residing legally in the United States to become citizens after their parents obtain citizenship.
CalSavers Survives Legal Challenge
Appellate court rules ERISA doesn’t pre-empt the California law that created the state-managed IRA program.
A US appellate court has upheld a district court’s ruling to dismiss a lawsuit challenging the legality of the CalSavers Retirement Savings Program, a state-managed individual retirement account (IRA) program for private sector workers whose employers do not provide a tax-qualified retirement savings plan.
In 2017, the California Legislature enacted the CalSavers Retirement Savings Trust Act which implemented the CalSavers program to help improve retirement savings. CalSavers’ automatic enrollment requirement applies only to an “eligible employee” of an “eligible employer.” Eligible employees are defined as California employees who are at least 18 years old and employed by an eligible employer. An eligible employer is defined as a nongovernmental employer in the state with five or more employees.
(CN) The Ninth Circuit on Thursday rejected a bid by an anti-tax group to block CalSavers, California’s state-sponsored retirement plan for private workers.
The Howard Jarvis Taxpayers Association (HJTA), an influential anti-tax group with roots in the Golden State, sued the CalSavers program claiming it was preempted by the federal Employee Retirement Income Security Act (ERISA).
CalSavers allows eligible employers that do not offer 401(k) plans or pensions to automatically enroll their employees in the program. Workers can opt out, but if they choose to stay the state of California invests their contributions.
Critics believe the program adds unnecessary requirements for small employers trying to comply with California’s complicated business laws. To that end, Howard Jarvis sued in the Eastern District of California as an employer, and also claimed CalSavers was a waste of money that discouraged people from saving money on their own.
Legal California s state-run retirement savings program not preempted by ERISA - 9th Circuit
Daniel Wiessner
4 minute read
A gavel and a block is pictured at the George Glazer Gallery antique store in this illustration picture taken in Manhattan, New York City, U.S., August 18, 2020. REUTERS/Andrew Kelly/Illustration
A U.S. appeals court on Thursday said California s state-run individual retirement account program for workers is not governed or preempted by the federal law on employee benefits, even if its mandatory contributions are irritating or even burdensome to some employers.
A unanimous three-judge panel of the 9th U.S. Circuit Court of Appeals said the CalSavers program created in 2017 is not an employee benefit plan under the Employee Retirement Income Security Act of 1974 because it is maintained by the state and does not require private employers to establish their own retirement plans.