Blogging Employee Benefits

March 6, 2006

Settlement Agreement Based on ERISA Plan

Filed under: Disability, ERISA Preemption, Litigation — Fuguerre @ 3:15 pm

Long-term disability benefits under a confidential settlement agreement between an employee and employer are governed by ERISA, since the settlement agreement expressly provided that the benefits would be controlled by the ERISA plan in which the employee had originally participated. The individual’s state law claims are therefore preempted by ERISA, which does not provide the relief sought by the individual, according to an unpublished summary order by the 2nd Circuit affirming district court dismissal of those claims. [Ross v. Liberty Mutual Insurance Company, 05-4138]

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