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Employee benefits are generally covered under the federal jurisdiction of the Employee Retirement Income Security Act (ERISA).
Federal ERISA plans generally do not have to comply with state laws. ERISA rules preempt or block state laws that relate to ERISA plans. State insurance laws, however, do apply. Louisiana has laws governing group life insurance. A summary of the provisions for life insurance include the following:
The policy can cover as few as one employee at date of issue.
The employer cannot be the beneficiary.
Policies, may, if seventy-five percent of the then insured employees who have eligible dependents choose, be extended to insure the spouse and minor children.
There is a grace period of thirty days or one month.
If the coverage ceases because of termination of employment individuals are entitled to have issued, without evidence of insurability, an individual policy provided application for the individual policy is made and the first premium paid within thirty-one days after termination.
If the group policy terminates, all covered individuals at the date of such termination who have been covered for at least five years prior to the termination date are entitled to have issued individual policies.
Contact
Louisiana Department of Insurance
Regulations
Louisiana Revised Statutes
Contact
Employee Benefits Security Administration (EBSA)
Regulations
29 CFR chapter XXV (Parts 2509 – 2590)