Florida/Georgia Personal Injury & Workers Compensation

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

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

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

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

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

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:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

an employee welfare-benefit plan in 29 U.S.C. § 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

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,

...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....

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

"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

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

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

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

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

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

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

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. §

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

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

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

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

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

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

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

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

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

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

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