29 U.S.C. § 114
Separability
If any provision of this chapter or the application thereof to any person or circumstance is held unconstitutional or otherwise invalid, the remaining provisions of this chapter and the application of such provisions to other persons or circumstances shall not be affected thereby.
Notes of Decisions
Cited in 7
cases (2 in the last 5 years), 1992–2025 · leading case: United States v. Booker, 543 U.S. 220 (2004).
United States v. Booker, 543 U.S. 220 (2004). “§ 79z-6 (similar); 29 U. S. C. § 114 (similar); 21 U. S. C. § 901 ("If a provision of this chapter is held invalid, all valid provisions that are severable shall remain in effect").”
Quad/Graphics, Inc. v. Graphic Commc'ns Conf. of Int'l Bhd. of Teamsters, 213 F. Supp. 3d 1009 (N.D. Ill. 2016). “) Thus, although nothing in ERISA shall be construed to “alter, amend, modify, invalidate, impair, or supersede” any law or regulation of the United States, 29 U.S.C. § 114 (d), the Fund’s interpretation of § 1385 is irrelevant to Quad’s bankruptcy.”
Pentland v. Metro. Life Ins. Co., 369 F. Supp. 3d 1129 (D. Colo. 2019). “The parties jointly moved for an Order for Determination on the ERISA issue, ECF No.”
North Carolina Baptist Hospitals, Inc. v. Dula (W.D.N.C. 2020). “at 371 (quoting 29 U.S.C. § 114 (a)). Under the doctrine of conflict preemption, a plaintiff who sues under a state law that only conflicts with ERISA within the meaning of § 514 does not have a valid basis for removal based on federal question jurisdiction because the state law…”
Dyer v. Smith (E.D. Va. 2021). “See 29 U.S.C. § 114 ; Ziglar, 137 S. Ct. at 1859-60 (listing “the statutory or other legal mandate under which the officer was operating” as a “meaningful difference”).”
Horizon Surgery Ctr., PLLC v. D. Reynolds Co., LLC (S.D. Tex. 2025). ““Section 514(a) of ERISA, 29 U.S.C. § 114 (a), pre-empts ‘any and all State laws insofar as they may now or hereafter relate to any employee benefit plan’ covered by ERISA.”
Schram v. Home Life Ins., 27 Va. Cir. 117 (Fairfax Cir. Ct. 1992). “29 U.S.C. § 114 (A). Section § 1144(B)(2)(A) states that: Except as provided in subparagraph (B), nothing in this title shall be construed to exempt or relieve any person from any law of any state which regulates insurance, banking, or securities.”
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