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MARTCO PARTNERSHIP v. LINCOLN NAT. LIFE INS. CO.

No. 95-30084.

86 F.3d 459 (1996)

MARTCO PARTNERSHIP, Plaintiff-Appellant, v. LINCOLN NATIONAL LIFE INSURANCE CO.; Dempty Manuel, Sr., Defendants-Appellees, and Employers Health Insurance Co., Defendant.

United States Court of Appeals, Fifth Circuit.

July 1, 1996.

Attorney(s) appearing for the Case

Graham Newton Smith, Onebane, Donohoe, Bernard, Torian, Diaz, McNamara and Abell, Lafayette, LA, for plaintiff-appellant.

Kyle Liney Gideon, Davidson, Meaux, Sonnier, McElligott and Swift, Lafayette, LA, for Lincoln Nat. Life Ins. Co. and Employers Health Ins. Co.

James P. Ryan, Chuck David Granger, Morrow, Morrow, Ryan & Bassett, Opelousas, LA, for Manuel.

Before POLITZ, Chief Judge, and WISDOM and STEWART, Circuit Judges.

POLITZ, Chief Judge:

Martco Partnership appeals the district court's determination that ERISA preempts state law allowing a pro rata offset for payments made to a disabled employee by the Social Security Administration and an ERISA plan. For the reasons assigned, we find no preemption and therefore vacate and remand for further proceedings.

Background

Dempty Manuel, Sr., became permanently disabled in June or July of 1990. At the time...

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