A Legislative and Political History of ERISA Preemption, Part 4: The 'Deemer' Clause

Journal of Pension Benefits, Vol. 22, No. 1, Autumn 2014

SUNY Buffalo Legal Studies Research Paper No. 2015-019

12 Pages Posted: 11 Mar 2015

See all articles by James A. Wooten

James A. Wooten

University at Buffalo Law School

Date Written: September 1, 2014

Abstract

Shortly before the House of Representatives passed pension-reform legislation in February 1974, Congressman John Dent added the deemer clause as a means of thwarting state initiatives to regulate noninsured medical plans and legal-services plans. A close look at the clause’s origins raises doubts, however, about whether the deemer clause, by itself, could do what Dent wanted it to do. These concerns about the efficacy of the deemer clause appear to have been a major factor in Congress’s decision to adopt the sweeping general preemption language in ERISA Section 514(a).

Keywords: employee benefits, ERISA, preemption, deemer clause, legislative history

Suggested Citation

Wooten, James A., A Legislative and Political History of ERISA Preemption, Part 4: The 'Deemer' Clause (September 1, 2014). Journal of Pension Benefits, Vol. 22, No. 1, Autumn 2014; SUNY Buffalo Legal Studies Research Paper No. 2015-019. Available at SSRN: https://ssrn.com/abstract=2576419

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)

Register to save articles to
your library

Register

Paper statistics

Downloads
55
rank
363,862
Abstract Views
474
PlumX Metrics