Florida/Georgia Personal Injury & Workers Compensation

II. 5 ERISA § 3(1), 29 U.S.C. § 1002(1), defines "employee welfare benefit plan" or "welfare

benefit plans" governed by ERISA. See 29 U.S.C. § 1002(1). Rutt and Egan participate in Anthem's network

accident, disability, [or] death____ 29 U.S.C.A. § 1002(1). Established by Parisian in order to provide

“employee welfare benefit fund” under 29 U.S.C. § 1002(1), was self-funded by NRC, which paid the cost

Wright, Jr., President 4 . 29 U.S.C. § 1002(1) provides: The terms "employee welfare

benefit plans exist. II. ERISA § 3(1), 29 U.S.C. § 1002(1), defines “employee welfare benefit plan” or “welfare

benefits through an insurance policy. 29 U.S.C. § 1002(1); see also Donovan v. Dillingham, 688 F.2d 1367

is covered by ERISA. See 29 U.S.C. § 1002(1) (1988); Donovan v. Dillingham, 688

death or unemployment.... Id. at § 1002(1). 6 . Senator Javits commented:

benefits through an insurance policy. 29 U.S.C. § 1002(1); see also Donovan v. Dillingham, 688

Employee Retirement Income Security Act, 29 U.S.C. § 1002(1). See Pilot Life v. Dedeaux, 481 U

employee welfare benefit plan under ERISA, 29 U.S.C. § 1002(1) which provides: The terms ‘employee welfare

benefit plan within the meaning of ERISA, 29 U.S.C. § 1002(1) (“the Plan”). 2 The Plan provided

event of sickness, [or] accident....” 29 U.S.C. § 1002(1)(A). Both case law and Department of Labor

sickness, accident, disability or death. 29 U.S.C. § 1002(1); Pilot Life Ins. Co. v. Dedeaux, 481

surgical, or hospital care or benefits...." 29 U.S.C. § 1002(1), (3). The Funds argue that our prior ERISA decisions

benefits through an insurance policy. 29 U.S.C. § 1002(1); see Donovan v. Dillingham, 688 F

death or unemployment ... benefits...." 29 U.S.C. § 1002(1)(A). 3 . An exception to this rule

welfare benefit plan within the meaning of 29 U.S.C. § 1002(1) was established. In its contract with EHI, Software

benefit plan" governed by ERISA, see 29 U.S.C. § 1002(1)(A), as well as a "group health plan," see id

Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1002(1). We hold that it does. Plaintiffs-appellants

employee welfare benefit plan as defined in 29 U.S.C. § 1002(1). It provides short and long term disability benefits

sickness, accident, [or] disability.” 29 U.S.C. § 1002(1). ERISA also broadly preempts state laws relating

in the event of ... disability. 29 U.S.C. § 1002(1) (emphasis added). “By definition, then, a welfare

accident, [or] disability. ... 29 U.S.C. § 1002(1). In Donovan v. Dillingham, 688 F.2d

disability, death or unemployment.... 29 U.S.C. § 1002(1). 4 . The Supreme Court has demonstrated

plan is a welfare benefit plan under 29 U.S.C. § 1002(1) and not a pension plan under 29 U.S.C. § 1002(2)

welfare benefit plan,” see 29 U.S.C. § 1002(1), as well as a “group health plan,” see

services.... 27 29 U.S.C.A. § 1002(1) (West Supp.1996) (emphasis added). In other

Retirement Income Security Act ("ERISA"). See 29 U.S.C. § 1002(1), (3), (5), (7), (8); Defendant's Exhibits ["DX"]

through the purchase of *1268 insurance. 29 U.S.C. § 1002(1). The preemption section states that this federal

employee benefit plan as defined in 29 U.S.C. § 1002(1) and, therefore, should be regulated by ERISA

sickness, accident, disability,.... 29 U.S.C. § 1002(1)(A). In contrast, an employee pension plan provides

Security Act of 1974 as amended (“ERISA”), 29 U.S.C. § 1002(1). Both policies, standing alone, provide

or maintained by an employer.” 29 U.S.C. § 1002(1) (emphasis added). Because a covered plan is defined

1370 (11th Cir.1982). ERISA § 3(1), 29 U.S.C. § 1002(1), defines an "employee welfare benefit plan" as:

distributing benefits from the plan. [3] 29 U.S.C. § 1002(1).

disability, death or unemployment...." 29 U.S.C. § 1002(1). Bill Currie Ford has not alleged that it did

benefits, including medical insurance. 29 U.S.C. § 1002(1). The Eleventh Circuit has analyzed the statutory

and "welfare plan," in turn, are defined in Section 1002(1) as: [A]ny plan, fund, or program which was

Congress defined an employee welfare-benefit plan in § 1002(1) as one which provides to employees "medical,

disability, death or unemployment.... 29 U.S.C. § 1002(1). . ERISA section 502(a)(1)(B), set forth in

carrier, asserting jurisdiction under 29 U.S.C.A. § 1002(1) (West 1975). The district court held that SMET

age. Definitions. Give as applicable. Fla. Stat. 1002.01. “Private School” means a nonpublic school

carrier, asserting jurisdiction under 29 U.S.C.A. § 1002(1) (West 1975). The district court held that SMET

did qualify as an ERISA plan. Cf. 29 U.S.C.A. § 1002(1) (describing ERISA plans). [2] ERISA also preempts

Retirement Income Security Act ("ERISA"). See 29 U.S.C. § 1002(1), (3), (5), (7), (8); Pretrial Stipulation ["PTS"]

welfare plan" as that term is defined in 29 U.S.C. § 1002(1). As such, this case is controlled in its entirety

employee welfare benefit plan under 29 U.S.C. § 1002(1) if it is a: (1) a'plan, fund or program' (2)

provided through the purchase of insurance. 29 U.S.C. § 1002(1). Moreover, it is a common practice for employers

or unemployment.... (Emphasis added). 29 U.S.C. § 1002(1). There are ample factual allegations in the complaint

in section 186(c) of this title. ... 29 U.S.C. § 1002(1). In the seminal case of Donovan v. Dillingham

extraordinarily broad scope of this statute is seen in § 1002(1) which provides: The terms "employee welfare benefit

the administration of such plan. [4] 29 U.S.C. § 1002(1) defines an ERISA-covered plan as follows: any

their financial soundness. [7] Under 29 U.S.C. § 1002(1), an employee welfare benefit plan is one which

“employee welfare benefit fund” under 29 U.S.C. § 1002(1), was self-funded by NRC, which paid the cost

disability, death, or unemployment. 29 U.S.C. § 1002(1). This statutory framework has proven to be elusive

Income Security Act of 1974 (“ERISA”), 29 U.S.C.A. § 1002(1). An employee welfare benefit plan which “is subject

participants or their beneficiaries. 29 U.S.C. § 1002(1); Donovan v. Dillingham, 688 F.2d 1367, 1371 (11th

...ncsl.org/research/health/school-immunization-exemption-statelaws.aspx ("All 50 states have *1244 legislation requiring specified vaccines for students.”). . The statutory definition notes that a "private school may be a parochial, religious, denominational, for-profit, or nonprofit school.” § 1002.01(2), Fla....

plan within the meaning of ERISA. See 29 U.S.C. § 1002(1). The Plan document designates Coca-Cola as the

it relates to medical benefits. See 29 U.S.C. § 1002(1); Donovan v. Dillingham, 688 F.2d 1367, 1371 (11th

disability, death or unemployment." 29 U.S.C. § 1002(1). With limited exceptions not pertinent here,

disability, death or unemployment.... 29 U.S.C. § 1002(1). In Donovan v. Dillingham, 688 F.2d 1367 (11th

benefits in the event of sickness.... 29 U.S.C. § 1002(1). See Howard v. Parisian, Inc., 807 F.2d 1560

plan” governed by ERISA, see 29 U.S.C. § 1002(1)(A), as well as a “group health plan,” see

disability, death or unemployment ... 29 U.S.C. § 1002(1). In Donovan v. Dillingham, 688 F.2d 1367 (11th

disability, death or unemployment.... 29 U.S.C. § 1002(1). The Eleventh Circuit has held that "a plan,

plan within the meaning of ERISA. See 29 U.S.C. § 1002(1). The Plan document designates Coca-Cola as the

an employee welfare-benefit plan in 29 U.S.C. § 1002(1) as one which provides to employees "`medical

"employee welfare benefit plan" under 29 U.S.C. § 1002(1). An ERISA-qualified "employee welfare benefit

disability, death, or unemployment. 29 U.S.C. § 1002(1). The Eleventh Circuit has stated that to be an

or prepaid legal services____ 29 U.S.C.A. § 1002(1) (West Supp.1996) (emphasis added). In other words

welfare benefit plan. See 29 U.S.C. § 1002(1) ("The terms 'employee welfare benefit plan’ and

benefits in the event of sickness.” 29 U.S.C. § 1002(1) & (3) (emphasis added). On a de novo

Income Security Act of 1974 (“ERISA”), 29 U.S.C. Section 1002(1) and that appellee had established that she

employee welfare benefit plans. See 29 U.S.C. § 1002(1). The five elements of an employee welfare benefit

in an ERISA welfare benefit plan. See 29 U.S.C. § 1002(1) ("The terms `employee welfare benefit plan' and

death or unemployment,.... Id. at § 1002(1). 6 Senator Javits made the following

of preemption policy was necessary.6 Id. at § 1002(1). 6 Senator Javits made the following

employee welfare benefit plan as defined in 29 U.S.C. § 1002(1), and is subject to the reporting, disclosure

employee welfare benefit plans. See 29 U.S.C. § 1002(1). The five elements of an employee welfare benefit

” and hence subject to ERISA, see 29 U.S.C.A. § 1002(1) (West 1985), the ERISA "savings clause” expressly

constitutes an ERISA "plan." Under Title 29 U.S.C. Section 1002(1), ERISA defines an employee welfare benefit

the meaning of Section 3(1) of ERISA, 29 U.S.C. § 1002(1).” (Complaint, P. 2.) Additionally, the June 21

Plan”, as defined in § 3(1) of ERISA, 29 U.S.C. § 1002(1), which has paid severance compensation to several

found in the definition provided by 29 U.S.C.A. § 1002(1): (1) The terms “employee welfare benefit plan”

2d 1367, 1370 (11th Cir. 1982). Under 29 U.S.C. § 1002(1), an employee welfare benefit plan is defined

plan as defined under § 3(1) of ERISA, 29 U.S.C. § 1002(1). 4 The Plan originated in 1992 and

3 29 U.S.C. § 1002(1).4 The Plan originated in 1992 and provided for

provide such pensions). Section 3(1), 29 U.S.C. Section 1002(1). In addition, the Court has applied the pre-emption

funds, or prepaid legal services. . . . 29 U.S.C. § 1002(1). The Eleventh Circuit has stated that an employee

surgical, or hospital care or benefits.” 29 U.S.C. § 1002(1, 3). Plaintiffs in ERISA actions must exhaust

arguing that Appellee "violated Chapter 10, Section 1002.1 of the Florida Building Code, by placing the

arguing that Appellee "violated Chapter 10, Section 1002.1 of the Florida Building Code, by placing the

welfare benefit plans as defined by 29 U.S.C. § 1002(1), and are not pension plans under 29 U.S.C. §

benefits to participants and beneficiaries. 29 U.S.C. § 1002(1). Because the group health insurance policy issued

benefits to participants and beneficiaries. 29 U.S.C. § 1002(1). Because the group health insurance policy issued

accident, [or] disability.... 29 U.S.C. § 1002(1). In Donovan v. Dillingham, 688 F.2d 1367 (11th

accident, [or] disability . . . . 29 U.S.C. § 1002(1). In Donovan v. Dillingham, 688 F.2d 1367 (11th

Cir.1994). See Crysler, 66 F.3d at 948. [5] Section 1002(1) states: The terms "employee welfare benefit

or hospital care or benefits . . . .” 29 U.S.C. § 1002(1), (3). The Funds argue that our prior ERISA

Dismiss should be granted. . 29 U.S.C.A. Section 1002(1) defines an employee welfare benefit plan as

ERISA employee welfare benefit plan. See 29 U.S.C. § 1002(1) ; Donovan v. Dillingham , 688 F.2d 1367, 1371