"An apparently irrational distinction": a suggestion for using equal protection arguments to overcome conflicts in ERISA preemption.

ERISA's conflicting goals of providing national treatment of employee pension plans, while simultaneously preserving the rights of states to regulate insurance has resulted in a chaotic preemption quagmire. Unequal, unjustified, and irreconcilable treatment of benefit plans premised upon whether they are "self-funded" or "insured" results in legal… CONTINUE READING