§ 6.11 Priority of ERISA Plan Recovery Rights |

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§ 6.11 Priority of ERISA Plan Recovery Rights

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§ 6.11 — Priority of ERISA Plan Recovery Rights

A common issue involving third-party interests governed by federal law is preemption. As discussed above, ERISA has a broad preemption provision and ERISA plans typically have "first dollar" recovery rights. See supra § 6.2.

As a result, "the terms of the plan" will be given the force of federal law under 29 U.S.C. § 1132(a)(3) and, in most cases, ERISA recovery rights will preempt other third-party interests created under state law. Givens v. Wal-Mart...

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§ 6.11 Priority of ERISA Plan Recovery Rights

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