SILVERA v. MUTUAL LIFE INS. CO. OF NEW YORK

No. 88-2594.

884 F.2d 423 (1989)

Evelyn SILVERA; Stephen E. Silvera, Plaintiffs-Appellants, v. The MUTUAL LIFE INS. COMPANY OF NEW YORK; Aurora Nido, and Does 1 through 30, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 29, 1989.


Attorney(s) appearing for the Case

Lawrence A. Puritz, Matthews, Fuqua & Puritz, Chico, Cal., for plaintiffs-appellants.

Elliot L. Bien, Bronson, Bronson & McKinnon, San Francisco, Cal., for defendants-appellees.

Before POOLE, REINHARDT and O'SCANNLAIN, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

We are called upon to determine whether a municipal employer established or maintained an employee welfare benefit plan within the meaning of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001-1461, when it purchased a group benefits insurance policy for its employees. We conclude that it did in this case. Since a "governmental plan" is exempt from ERISA, we must reverse the district court.

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