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Basics of ERISA Preemption

Who is covered and who is exempt

What You Will Learn

  • Identify what is ERISA?
  • Statutory basis for pre-emption
  • Identify types of state laws exempt from ERISA pre-emption
  • Identify types of plans that are not covered by ERISA
  • Identify types of participants that are not covered by ERISA
  • How to get the information needed to determine whether your client’s plan is governed by ERISA or not

Share this program:

What You Will Learn

  • Identify what is ERISA?
  • Statutory basis for pre-emption
  • Identify types of state laws exempt from ERISA pre-emption
  • Identify types of plans that are not covered by ERISA
  • Identify types of participants that are not covered by ERISA
  • How to get the information needed to determine whether your client’s plan is governed by ERISA or not

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Price

$79 for Association Member
$99 for Non-member

75 minutes
Date Published

September 9, 2025

Publisher

Tennessee Trial Lawyers Association

Subjects

ERISA

Questions

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Summary

Making sure your clients receive the full amount to which they are entitled requires a clear understanding of ERISA liens and pre-emption issues. In this webinar Kaci Garrabrant covers the basics of ERISA pre-emption and what you need to know about potential subrogation issues in your case. You will learn what ERISA is and the statutory basis for pre-emption, exceptions to ERISA pre-emption, and practical steps you can take to figure out if your client’s benefit plan is governed by ERISA or falls under one of the exceptions.

SWOD-25776

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Presenters

Kaci Garrabrant

Kaci Garrabrant is an associate attorney at Eric Buchanan & Associates, where she previously contributed to the EBA team... Read More

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Program Titles and Supporting Materials

This program contains the following components:

Media Files
Basics of ERISA Preemption - Video
Downloadable Files
ERISA Preemption - Slide Handout
Subro - Initial Letter to Employer Plan Administrator - Handout
How to Tell if an Insurance Claim is Preempted by ERISA - Handout
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Credit

If applicable, you may obtain credit in multiple jurisdictions simultaneously for this program (see pending/approved list below). If electing credit for this program, registrants in jurisdictions not listed below will receive a Certificate of Completion that may or may not meet credit requirements in other jurisdictions. Where applicable, credit will be only awarded to a paid registrant completing all the requirements of the program as determined by the selected accreditation authority.

Click on jurisdiction for specific details:

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How to Attend

Join the self-paced program from your office, home, or hotel room using a computer and high speed internet connection. You may start and stop the program at your convenience, continue where you left off, and review supporting materials as often as you like. Please note: Internet Explorer is no longer a supported browser. We recommend using Google Chrome, Mozilla Firefox or Safari for best results.

Technical Requirements
You may access this course on a computer or mobile device with high speed internet (iPhones require iOS 10 or higher). Recommended browsers are Google Chrome or Mozilla Firefox.

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