Clarify ERISA does not preempt state limits on abortion/surrogacy benefits
Mandate says Congress and DOL should clarify ERISA does not block states from restricting employer abortion (and surrogacy/anti-life) benefits, and seeks equal-or-greater pro-life benefits if abortion is covered.
Mandate
Mandate Ch. 18 (Labor) — Pro-Life Measures: Congress should require equal or greater benefits for pregnancy/maternity/adoption if abortion benefits offered and clarify no abortion accommodation mandate; Congress and DOL should clarify ERISA does not preempt states’ power to restrict abortion, surrogacy, or other anti-life benefits.
Undo plan
1) Preserve ERISA preemption that prevents a 50-state patchwork gutting uniform national benefit plans—or narrowly tailor any clarification.
2) Rescind DOL positions inviting states to criminalize abortion-related employee benefits.
3) Protect workers’ access to reproductive health benefits in ERISA plans.
4) Issue participant disclosures that are accurate and non-coercive.
5) Verify: plan benefit availability; preemption litigation outcomes.