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Mealeys

Mealey's Labor & Employment - California Retirement Plan Not Preempted By ERISA, Defendants Maintain

SACRAMENTO, Calif. - In an Oct. 15 response to a statement of interest filed by the United States in a California federal court lawsuit over the California Secure Choice Retirement Savings Trust Act (Secure Choice Act), the California state defendants maintain that the Secure Choice Act does not impose the kinds of discretionary duties on employers that would trigger preemption under the Employee Retirement Income Security Act and say the United States provides no reason to revisit the court's prior decision to dismiss the suit (Howard Jarvis Taxpayers Association, et al. v. California Secure Choice Retirement Savings Program, et al., No. 18-1584, E.D. Calif.).
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