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A Legislative and Political History of ERISA Preemption, Part 3

Journal of Pension Benefits, Vol. 15, No. 3, pp. 15-21, 2008

Buffalo Legal Studies Research Paper No. 2008-27

8 Pages Posted: 20 Oct 2008  

James A. Wooten

University at Buffalo Law School

Date Written: October 17, 2008

Abstract

The preemption language in section 514(a) of the Employee Retirement Income Security Act of 1974 (ERISA) is exceedingly broad. The preemption language in the law ERISA replaced - the Welfare and Pension Plans Disclosure Act of 1958 (WPPDA) - was exceedingly narrow. There were four stages in Congress's journey from the narrowly circumscribed preemption of state law under the WPPDA to the sweeping suppression of state law under ERISA. This article covers the first three stages, tracing the evolution of ERISA's preemption language from the enactment of the WPPDA to the end of the Ninety-Second Congress. The next article in this series will describe the legislative history of the preemption provision in the Ninety-Third Congress, which enacted ERISA.

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 3 (October 17, 2008). Journal of Pension Benefits, Vol. 15, No. 3, pp. 15-21, 2008; Buffalo Legal Studies Research Paper No. 2008-27. Available at SSRN: https://ssrn.com/abstract=1286078

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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