Does an employer have to be an "employer" in relation to an employee benefit plan?
MultiRegion, United States of America
The following excerpt is from Moideen v. Gillespie, 55 F.3d 1478 (9th Cir. 1995):
Kanne v. Connecticut Gen. Life Ins. Co., 867 F.2d 489, 492 (9th Cir.1988) (internal quotations omitted), cert. denied, 492 U.S. 906, 109 S.Ct. 3216, 106 L.Ed.2d 566 (1989). See also 29 U.S.C. Sec. 1002(1). An "employer" is "any person acting directly as an employer, or indirectly in the interest of an employer, in relation to an employee benefit plan; and includes a group or association of employers acting for an employer in such capacity." 29 U.S.C. Sec. 1002(5) (emphasis added).
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