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Don Levit 11/17/2008 01:47 PM
Brian: Thanks so much for providing this case. Whether or not an ERISA plan exists is an interesting concept. Texas and Colorado have passed laws which state that any employer subsidizing of the premiums for individual policies subjects the plans to small group regulation. Without specifically stating so, aren't the states declaring tbis arrangement to be an ERISA plan? If so, I was under the impression whether or not an ERISA plan exists is determined by federal, not state law. Don Levit
Brian S. King 11/17/2008 01:47 PM
Don, my off the cuff thought on that is that whether an employee benefit falls under ERISA is purely a question of federal rather than state law.
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