Ninth Circuit Rules X2013 State Pension Mandate Not Preempted Even Though An Employer Chooses To Establish Erisa Plan News Today : Breaking News, Live Updates & Top Stories | Vimarsana

Now, in Howard Jarvis Taxpayers Assoc. v. CalSavers Program, the Ninth Circuit has again found no preemption.  The issue was whether a California law, like those of six other States (and Seattle and New York City), see generally The Big Apple Joins a Small Crowd, With Possible Headaches for Local Employers | Beneficially Yours, mandates private sector employers, which choose not to establish an ERISA plan, to contribute employee wages to the state to provide pension benefits.  The court found no preemption because the contributed money becomes a state, not an ERISA, plan benefit.  It is of no moment, the court said, that the

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