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Employee Benefits > Preemption Of State Law (ERISA)

The following information is about Preemption Of State Law (ERISA).

Preemption Of State Law (ERISA) Defined

The regulatory portion of the ERISA (Employee Retirement Income Security Act of 1974) act supersedes all state law that otherwise would be applicable to Employee Benefit Funds. As long as Benefit Funds are under total employee control, that is, having no management trustees, ERISA precludes NYS Insurance Department regulation of public sector Benefit Funds.

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