HR 1104 IH

To amend title I of the Employee Retirement Income Security Act of 1974 to provide, in the case of an employee welfare benefit plan providing benefits in the event of disability, an exemption from preemption under such title for State tort actions to recover damages arising from the failure of the plan to timely provide such benefits.

March 20, 2001

Mr. ANDREWS introduced the following bill; which was referred to the Committee on Education and the Workforce

To amend title I of the Employee Retirement Income Security Act of 1974 to provide, in the case of an employee welfare benefit plan providing benefits in the event of disability, an exemption from preemption under such title for State tort actions to recover damages arising from the failure of the plan to timely provide such benefits.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION. 1. EXEMPTION FROM ERISA PREEMPTION FOR STATE CAUSES OF ACTION IN TORT TO RECOVER DAMAGES ARISING FROM THE FAILURE OF A PLAN PROVIDING BENEFITS IN THE EVENT OF DISABILITY TO TIMELY PROVIDE SUCH BENEFITS.

Section 514(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144(b)) is amended--

(1) by redesignating paragraph (9) as paragraph (10); and

(2) by inserting after paragraph (8) the following new paragraph:

`(9) Subsection (a) shall not be construed to preclude, in the case of an employee welfare benefit plan providing benefits in the event of disability, any cause of action in tort under State law to recover damages arising from the failure of such plan to timely provide such benefits.'.

SEC. 2. EFFECTIVE DATE.

The amendments made by this Act shall apply with respect to failures occurring on or after the date of the enactment of this Act.

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