The issue of ERISA preemption centered on whether the plan constituted an EWBP based on its being an "employee organization.
Even if the trust had otherwise met the requirements of being a form of EWBP, the court continued, it nevertheless would not be exempt because the Secretary of Labor had not found the agreements to be collectively bargained as required by Section 3(40)(A)(i) of ERISA.
Finally, if the benefit plan is not an EWBP, liability will be predicated on any appropriate state tort, contract or statutory claim.
1986) (participation in trust by non-union members destroys its status as EWBP, even though non-union members were employees of employers whose unionized employees were covered); State of Texas v.
Where ERISA preempts state law, there is no requirement to post reserves, and ERISA does not contain a funding requirement for self-insured EWBPs.
The statutory definition of a MEWA encompasses both EWBPs and arrangements "other than .