Mealey's (February 9, 2021, 9:08 AM EST) -- SAN FRANCISCO — The secretary of Labor filed a notice on Feb. 5 in an Employee Retirement Income Security Act preemption appeal pending in the Ninth Circuit U.S. Court of Appeals that after the change in administration “that he no longer wishes to participate as amicus in this case and that he does not support either side”; the notice was filed just three days before the appellate court heard oral arguments on whether the California Secure Choice Retirement Savings Trust Act (Secure Choice Act), a program created by the California Secure Choice Retirement Savings Program (CalSavers) is an employee pension benefit plan defined by ERISA....