A Legislative and Political History of ERISA Preemption, Part 1

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Publication Date

Fall 2006


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.

Publication Title

Journal of Pension Benefits: Issues in Administration

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