[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3789 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3789

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.


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                    IN THE HOUSE OF REPRESENTATIVES

                           September 15, 2005

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

_______________________________________________________________________

                                 A BILL


 
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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