5th Circuit Rules ERISA Doesn’t Govern Incentive Plan, Case Belongs In State Court

Mealey's (April 1, 2021, 2:58 PM EDT) -- NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on March 22 ruled that a project completion incentive plan is not an Employee Retirement Income Security Act plan and ERISA doesn’t preempt a state statute because determining eligibility for the plan’s single simple payment doesn’t require the requisite discretion and the plan does not have the type of ongoing administrative scheme characteristic of ERISA....