Exam term

ERISA preemption

ERISA overrides state laws relating to employee benefit plans, but a savings clause leaves states free to regulate insurance and a deemer clause says a self-funded plan is not itself an insurer. So state mandates reach insured plans, generally not self-funded ones.

Lessons that use this term

ERISA, FMLA, nondiscrimination rules, and group plan funding: fully insured, self-insured, stop-loss, and ASO New York