State Law Claims Are Not Preempted Under ERISA, Federal Judge Determines

Mealey's (January 20, 2021, 11:20 AM EST) -- EAST ST. LOUIS, Ill. — State law claims of professional negligence and breach of contract alleged against the administrative servicer of a retirement plan governed by the Employee Retirement Income Security Act are not preempted because the claims relate to the administrative servicer’s duty to inform the plan administrator of its noncompliance with the plan’s terms and do not require an interpretation of the plan’s terms, an Illinois federal judge said Jan. 13 in denying the record-keeper’s motion to dismiss....