4 Takeaways From High Court's ERISA Exemption Ruling - McDermott Will & Emery

4 Takeaways From High Court’s ERISA Exemption Ruling

Overview


Joseph Urwitz stressed that, although the Supreme Court ruled that religious-affiliated hospital pension plans are exempt from ERISA, they are also bereft of an ERISA preemption defense in the event of a legal challenge at the state court level. “This is just speculation, but states could enact legislation that could permit participants in church plans to bring suit based on nonpayment or underfunding,” Mr. Urwitz said.