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This month’s
Friday Five highlights both circuit and district court opinions on the scope of ERISA preemption, discretionary review and exhaustion of administrative remedies.
Ninth Circuit Confirms ERISA Does Not Preempt State-Run IRA Savings Program. In a dispute over a California law that creates a state-managed individual retirement (“IRA”) program for employees without access to a tax-qualified retirement savings plan through their employer, the Ninth Circuit affirmed the district court’s conclusion that the program was not a de facto ERISA plan and, thus, was not preempted. The state IRA program automatically enrolls eligible employees of certain private employers who do not provide employees with a tax-qualified retirement savings plan and requires those employers to remit certain payroll deductions to the program to fund the employees’ IRAs. The case was brought by a taxpayers association, which challenged the state IRA program in its capacity as an emplo ....

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