Tag Archives: ERISA

Arkansas Opt-Out Bill: The Devil’s in the Details

Only There Aren’t any Details—at Least Not Yet Lately, I’ve seen a number of news items indicating that the Arkansas Legislature is considering an opt-out arrangement for its workers’ compensation system. The implication is that Senate Bill 653, introduced March … Continue reading

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South Carolina Bill Would Make Workers’ Comp Coverage Optional for Most Employers

A bill introduced in the South Carolina Senate on April 16th (2015 Bill Text SC S.B. 674) would make workers’ compensation coverage optional for the vast majority of the state’s employers—not just those who choose to set up written alternative … Continue reading

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Who’s “Opting Out” of Workers’ Comp—Employers or the States Themselves?

Recent Federal District Court Discusses ERISA’s Strong Preemption Provisions As I have noted on multiple other occasions, one of the distinctive features of the workers’ compensation “opt out” scheme is the employer’s establishment of an employee benefit plan (“EBP”) that … Continue reading

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Workers’ Comp “Opt-Out” Bill Introduced in Tennessee Legislature

Senate Bill 721 On Wednesday, state senator Mark Green (Republican from Clarksville), introduced Senate Bill 721 to the Tennessee legislature. If enacted, many Tennessee employers would be allowed to opt-out of the state’s traditional workers’ compensation system, providing coverage with … Continue reading

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Oklahoma: Workers’ Compensation “Opt-Out” Provisions Become Law

On Tuesday (May 7), Oklahoma Governor Mary Fallin signed into law Senate Bill 1062, a legislative piece that purports to reform the state’s workers’ compensation system in two broad fashions: (a) by joining the ranks of virtually all other American … Continue reading

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Oklahoma Opt Out Legislation Fails: A Post Mortem

By Thomas A. Robinson Late last Wednesday evening (April 25th), supporters of a controversial bill that would have allowed some Oklahoma employers to “opt out” of the state’s traditional workers’ compensation system [see Oklahoma House Bill 2155] fell short of … Continue reading

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Oklahoma’s Controversial “Opt Out” Legislation Fails (At Least Temporarily)

Late Wednesday evening, supporters of a controversial bill that would allow some Oklahoma employers to “opt out” of the state’s traditional workers’ compensation system [see Oklahoma House Bill 2155] fell short of having sufficient votes to move the legislation through … Continue reading

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