29 U.S.C. § 1144 : US Code - Section 1144: Other laws

Search 29 U.S.C. § 1144 : US Code - Section 1144: Other laws

(a) Supersedure; effective date
Except as provided in subsection (b) of this section, the
provisions of this subchapter and subchapter III of this chapter
shall supersede any and all State laws insofar as they may now or
hereafter relate to any employee benefit plan described in section
1003(a) of this title and not exempt under section 1003(b) of this
title. This section shall take effect on January 1, 1975.
(b) Construction and application
(1) This section shall not apply with respect to any cause of
action which arose, or any act or omission which occurred, before
January 1, 1975.
(2)(A) Except as provided in subparagraph (B), nothing in this
subchapter shall be construed to exempt or relieve any person from
any law of any State which regulates insurance, banking, or
securities.
(B) Neither an employee benefit plan described in section 1003(a)
of this title, which is not exempt under section 1003(b) of this
title (other than a plan established primarily for the purpose of
providing death benefits), nor any trust established under such a
plan, shall be deemed to be an insurance company or other insurer,
bank, trust company, or investment company or to be engaged in the
business of insurance or banking for purposes of any law of any
State purporting to regulate insurance companies, insurance
contracts, banks, trust companies, or investment companies.
(3) Nothing in this section shall be construed to prohibit use by
the Secretary of services or facilities of a State agency as
permitted under section 1136 of this title.
(4) Subsection (a) of this section shall not apply to any
generally applicable criminal law of a State.
(5)(A) Except as provided in subparagraph (B), subsection (a) of
this section shall not apply to the Hawaii Prepaid Health Care Act
(Haw. Rev. Stat. Secs. 393-1 through 393-51).
(B) Nothing in subparagraph (A) shall be construed to exempt from
subsection (a) of this section -
(i) any State tax law relating to employee benefit plans, or
(ii) any amendment of the Hawaii Prepaid Health Care Act
enacted after September 2, 1974, to the extent it provides for
more than the effective administration of such Act as in effect
on such date.
(C) Notwithstanding subparagraph (A), parts 1 and 4 of this
subtitle, and the preceding sections of this part to the extent
they govern matters which are governed by the provisions of such
parts 1 and 4, shall supersede the Hawaii Prepaid Health Care Act
(as in effect on or after January 14, 1983), but the Secretary may
enter into cooperative arrangements under this paragraph and
section 1136 of this title with officials of the State of Hawaii to
assist them in effectuating the policies of provisions of such Act
which are superseded by such parts 1 and 4 and the preceding
sections of this part.
(6)(A) Notwithstanding any other provision of this section -
(i) in the case of an employee welfare benefit plan which is a
multiple employer welfare arrangement and is fully insured (or
which is a multiple employer welfare arrangement subject to an
exemption under subparagraph (B)), any law of any State which
regulates insurance may apply to such arrangement to the extent
that such law provides -
(I) standards, requiring the maintenance of specified levels
of reserves and specified levels of contributions, which any
such plan, or any trust established under such a plan, must
meet in order to be considered under such law able to pay
benefits in full when due, and
(II) provisions to enforce such standards, and
(ii) in the case of any other employee welfare benefit plan
which is a multiple employer welfare arrangement, in addition to
this subchapter, any law of any State which regulates insurance
may apply to the extent not inconsistent with the preceding
sections of this subchapter.
(B) The Secretary may, under regulations which may be prescribed
by the Secretary, exempt from subparagraph (A)(ii), individually or
by class, multiple employer welfare arrangements which are not
fully insured. Any such exemption may be granted with respect to
any arrangement or class of arrangements only if such arrangement
or each arrangement which is a member of such class meets the
requirements of section 1002(1) and section 1003 of this title
necessary to be considered an employee welfare benefit plan to
which this subchapter applies.
(C) Nothing in subparagraph (A) shall affect the manner or extent
to which the provisions of this subchapter apply to an employee
welfare benefit plan which is not a multiple employer welfare
arrangement and which is a plan, fund, or program participating in,
subscribing to, or otherwise using a multiple employer welfare
arrangement to fund or administer benefits to such plan's
participants and beneficiaries.
(D) For purposes of this paragraph, a multiple employer welfare
arrangement shall be considered fully insured only if the terms of
the arrangement provide for benefits the amount of all of which the
Secretary determines are guaranteed under a contract, or policy of
insurance, issued by an insurance company, insurance service, or
insurance organization, qualified to conduct business in a State.
(7) Subsection (a) of this section shall not apply to qualified
domestic relations orders (within the meaning of section
1056(d)(3)(B)(i) of this title), qualified medical child support
orders (within the meaning of section 1169(a)(2)(A) of this title),
and the provisions of law referred to in section 1169(a)(2)(B)(ii)
of this title to the extent they apply to qualified medical child
support orders.
(8) Subsection (a) of this section shall not be construed to
preclude any State cause of action -
(A) with respect to which the State exercises its acquired
rights under section 1169(b)(3) of this title with respect to a
group health plan (as defined in section 1167(1) of this title),
or
(B) for recoupment of payment with respect to items or services
pursuant to a State plan for medical assistance approved under
title XIX of the Social Security Act [42 U.S.C. 1396 et seq.]
which would not have been payable if such acquired rights had
been executed before payment with respect to such items or
services by the group health plan.
(9) For additional provisions relating to group health plans, see
section 1191 of this title.
(c) Definitions
For purposes of this section:
(1) The term "State law" includes all laws, decisions, rules,
regulations, or other State action having the effect of law, of
any State. A law of the United States applicable only to the
District of Columbia shall be treated as a State law rather than
a law of the United States.
(2) The term "State" includes a State, any political
subdivisions thereof, or any agency or instrumentality of either,
which purports to regulate, directly or indirectly, the terms and
conditions of employee benefit plans covered by this subchapter.
(d) Alteration, amendment, modification, invalidation, impairment,
or supersedure of any law of the United States prohibited
Nothing in this subchapter shall be construed to alter, amend,
modify, invalidate, impair, or supersede any law of the United
States (except as provided in sections 1031 and 1137(b) of this
title) or any rule or regulation issued under any such law.