Since defendant's Separation Pay Plan is nationwide in scope, requires an evaluation of the circumstances surrounding each claimant's reason for termination, and evinces an intent to provide benefits on an ongoing basis necessitating an administrative scheme, it is an employee welfare benefit plan covered by the Employee Retirement Income Security Act; since plaintiff's state-law claims "relate to" the ERISA plan, they are pre-empted and are dismissed.
December 13, 2004 at 12:00 AM
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