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Now, in
Howard Jarvis Taxpayers Assoc. v. CalSavers
Program, the Ninth Circuit has again found no
preemption. The issue was whether a California law, like
those of six other States (and Seattle and New York City),
see
generally
The Big Apple Joins a Small Crowd, With Possible Headaches for
Local Employers | Beneficially Yours, mandates private
sector employers, which choose not to establish an ERISA plan, to
contribute employee wages to the state to provide pension
benefits. The court found no preemption because the
contributed money becomes a state, not an ERISA, plan
benefit. It is of no moment, the court said, that the