A Legislative and Political History of ERISA Preemption, Part 1
James A. Wooten
State University of New York (SUNY), Buffalo, SUNY Buffalo Law School
Journal of Pension Benefits, Vol. 14, No. 1, pp. 31-35, Autumn 2006
Buffalo Legal Studies Research Paper No. 2007-017
This article recounts the key role of preemption issues in Congress's decision to pass ERISA. Until shortly before ERISA's enactment, employers and the AFL-CIO opposed comprehensive pension reform legislation. When states threatened to regulate private pension and welfare plans, however, the business community's and the AFL-CIO's strong desire for preemption all but forced them to support a federal pension reform law. Their support made passage of such legislation a virtual certainty.
Number of Pages in PDF File: 6
Keywords: ERISA, preemption, Congress, law, politics, employee benefits, regulation, interest groups, legislation
Date posted: October 20, 2007
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