3/17/18
Understanding when Federal Employments Laws May Apply
Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§1001 et seq. Sets standards for voluntarily established pension or welfare-benefit plans and provides protections for persons in these plans ¨ Was silent as to Indian tribes and considered a law of general applicability – case law mixed ¨ Pension Protection Act of 2006 (amendment to ERISA) - now, not applicable to tribal employer benefit plans if the plan covers only tribal employees employed in traditional governmental roles but applicable to tribes engaged in commercial activities ¨ Legislative history: Amendment was to “ clarify that federally recognized Indian tribal governments are to be regulated under the same government employer rules and procedures that apply to Federal, State, and other local government employers with regard to the establishment and maintenance of employee benefit plan s.”
The Take Away – When law is silent
¨ Tribal internal issue ¨ Tribal treaty ¨ Tribal members with no applicability to non- members ¨ Law generally not applicable Tribal Government
Commercial Interests
Effect on non-tribal members
¨
¨ Not a governmental function - even though profits will be used to fund government ¨ Law probably applicable
13
Made with FlippingBook - Online Brochure Maker