Won’t the processed claims assessment go down due to an ERISA challenge?
No. Vermont already has a very similar assessment structure in place today. Their assessment has not been challenged in court. Other states are considering the same approach. National ERISA legal experts have opined that such a tax would not be pre-empted by ERISA, and a recent decision by the Ninth Circuit Court of Appeals confirms that federal courts are favorably disposed to these types of assessments under ERISA.
