Calendar No. 505

103D CONGRESS

2D SESSION H. R. 1036

[Report No. 103–299]

AN ACT

To amend the Employee Retirement Income Secunot preempt certain State laws. rity Act of 1974 to provide that such Act does

JULY 1 (legislative day, JUNE 7), 1994

Reported without amendment
II

Calendar No. 505

103D CONGRESS

2D SESSION H. R. 1036

[Report No. 103–299]

To amend the Employee Retirement Income Security Act of 1974 to provide

that such Act does not preempt certain State laws.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 10 (legislative day, NOVEMBER 2), 1993

Received; read twice and referred to the Committee on Labor and Human

Resources

JULY 1 (legislative day, JUNE 7), 1994

Reported by Mr. KENNEDY, without amendment

AN ACT

To amend the Employee Retirement Income Security Act

of 1974 to provide that such Act does not preempt

certain State laws.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

HR 1036 RS

1 SECTION 1. ERISA PREEMPTION RULES NOT TO APPLY TO

2 CERTAIN ADDITIONAL STATE LAWS.

3 Section 514(b) of the Employee Retirement Income

4 Security Act of 1974 (29 U.S.C. 1144(b)) is amended by

5 adding at the end the following new paragraph:

6 ‘‘(9) Subsection (a) shall not apply to—

7 ‘‘(A) any provision of State law to the extent

8 that such provision requires the payment of prevail9 ing wages, including employee benefits, on public

10 projects and permits any prevailing employee benefit

11 plan contribution or cost requirement of such law to

12 be met by crediting—

13 ‘‘(i) the payment of employee benefit plan

14 contributions or costs,

15 ‘‘(ii) the payment of wages in lieu of such

16 contributions or costs, or

17 ‘‘(iii) the payment of a combination of

18 wages and such contributions or costs;

19 except that this subparagraph shall not be construed

20 to exempt from subsection (a) any such provision to

21 the extent it otherwise mandates the maintenance of,

22 or otherwise regulates the benefits or operations of,

23 any employee benefit plan;

24 ‘‘(B) any provision of State law to the extent

25 that such provision—
3

HR 1036 RS

1 ‘‘(i) establishes minimum standards for the

2 certification or registration of apprenticeship or

3 other training programs,

4 ‘‘(ii) concerns the establishment, mainte5 nance, or operation of a certified or registered

6 apprenticeship or other training program, or

7 ‘‘(iii) makes certified or registered appren8 ticeship or other training an occupational quali9 fication,

10 and does not conflict with any right, requirement, or

11 duty established under this title; or

12 ‘‘(C) any provision of State law to the extent

13 that such provision provides for a mechanics’ lien or

14 other lien, bonding, or other security for the collec15 tion of delinquent contributions to a multiemployer

16 plan.’’.

17 SEC. 2. EFFECTIVE DATE.

18 The amendment made by section 1 shall take effect

19 on the date of the enactment of this Act and shall apply

20 to matters with respect to which actions are pending on

21 or after such date.

Passed the House of Representatives November 9,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.