ERISA Does Not Preempt State-Mandated Retirement Savings Program, Judge Says

Mealey's (April 2, 2019, 10:46 AM EDT) -- SACRAMENTO, Calif. — A state-mandated auto-enrollment retirement savings program is not an employee benefit plan and, therefore, is not preempted by the Employee Retirement Income Security Act, a California federal judge said March 29 in granting the retirement program’s motion to dismiss a complaint seeking an injunction to stop the spending of taxpayers’ funds on the state-mandated retirement program (Howard Jarvis Taxpayers Association, et al. v. The California Secure Choice Retirement Savings Program, et al., No. 18-1584, E.D. Calif., 2019 U.S. Dist. LEXIS 54657)....