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COMMONWEALTH EDISON CO. v. VEGA

No. 98-2417.

174 F.3d 870 (1999)

COMMONWEALTH EDISON COMPANY and Trustees of The Commonwealth Edison Service Annuity Fund, Plaintiffs-Appellees, v. Sarah D. VEGA, in her official capacity as Director, State of Illinois Department of Financial Institutions, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 13, 1999.

Attorney(s) appearing for the Case

Hugh C. Griffin, Laurence A. Hansen (argued), Lord, Bissell & Brook, Glenn D. Newman, Chicago, IL, for Plaintiffs-Appellees.

Jerald S. Post (argued), Office of the Attorney General, Civil Appeals Division, Chicago, IL, for Defendant-Appellant.

David J. Epstein, Boston, MA, Robert P. Krenkowitz, Tucson, AZ, for National Association of Unclaimed Property Administrators.

Gail A. Perry (argued), Department of Labor, Office of the Solicitor, Washington, DC, for Alexis M. Herman.

Before POSNER, Chief Judge, and FLAUM and ROVNER, Circuit Judges.

POSNER, Chief Judge.

Commonwealth Edison Company and its defined-benefit pension plan brought this suit under ERISA, 29 U.S.C. §§ 1001 et seq., against the administrator of the Illinois Uniform Disposition of Unclaimed Property Act, 765 ILCS 1025, seeking a declaration that ERISA preempts the Illinois statute to the extent that the statute regulates such plans. The district court agreed, precipitating this appeal by the state. A threshold question...

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