Minnesota Supreme Court: Timing Provision Is Preempted By ERISA

(September 14, 2015, 11:28 AM EDT) -- MINNEAPOLIS — A so-called timing provision in the Minnesota Unemployment Insurance Law that requires a supplemental unemployment benefit (SUB) plan to provide supplemental payments only for those weeks an applicant was paid regular, extended or additional unemployment benefits in order for the supplemental payments to be excluded as “wages” is preempted by the Employee Retirement Income Security Act, a divided Minnesota Supreme Court ruled Sept. 9 (Thomas V. Engfer v. General Dynamics Advanced Information Systems Inc., No. A-13-0872, Minn. Sup.; 2015 Minn. LEXIS 503).

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