DOL Tells 9th Circ. CalSavers Steps On ERISA’s Toes
Law360 (June 22, 2020, 4:28 PM EDT) — The U.S. Department of Labor has thrown its support behind a tax cut advocacy group’s bid to revive its challenge to the CalSavers Retirement Savings Program at the Ninth Circuit, telling the court that the state’s program is trumped by the Employee Retirement Income Security Act.
In its amicus brief Friday, the DOL argued that the California Secure Choice Retirement Savings Trust Act, a state law establishing CalSavers, improperly makes a “reference to” and has a “connection with” plans governed by the Employee Retirement Income Security Act, triggering preemption.
“A decision by this court that the Secure Choice Act is not…