A Legislative and Political History of ERISA Preemption, Part 1

Journal of Pension Benefits, Vol. 14, No. 1, pp. 31-35, Autumn 2006

Buffalo Legal Studies Research Paper No. 2007-017

6 Pages Posted: 20 Oct 2007  

James A. Wooten

University at Buffalo Law School

Abstract

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.

Keywords: ERISA, preemption, Congress, law, politics, employee benefits, regulation, interest groups, legislation

Suggested Citation

Wooten, James A., A Legislative and Political History of ERISA Preemption, Part 1. Journal of Pension Benefits, Vol. 14, No. 1, pp. 31-35, Autumn 2006; Buffalo Legal Studies Research Paper No. 2007-017. Available at SSRN: https://ssrn.com/abstract=1022632

James A. Wooten (Contact Author)

University at Buffalo Law School ( email )

713 John Lord O'Brian Hall
Buffalo, NY 14260
United States
716-645-2318 (Phone)

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