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Summary of differences between federal and state regulations
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. Pennsylvania has laws governing group life insurance, which include such provisions as the following:
The employer may not be the beneficiary.
Employer contribution is optional.
The premium must be paid either wholly or partially from the employer's funds or funds contributed by him, or wholly or partially from funds contributed by the insured employees. If part of the premium comes from funds contributed by the employees, the policy must insure all employees.
The policy must cover at least ten employees at date of issue.
State
Contact
Pennsylvania Insurance Department
Regulations
Pennsylvania Statutes
Title 40 Insurance, Article IV Life Insurance, (b) Group Life Insurance
§532.1 et seq.
Federal
Contact
Employee Benefits Security Administration (EBSA)
Regulations
29 CFR chapter XXV (Parts 2509 – 2590)