The Southern Federal District court in NY has reversed itself and recoginzed the Federal preemption provisions set forth in the Federal Employee Benefit Program. Calingo v. Meridian Res. Co., LLC, 2013 WL 1250448 (S.D.N.Y. 2013) the court

The Supreme Court has ruled that State equitable principles do not preempt ERISA plan language. Plaintiff in a UIM settlement refused to reimburse the ERISA self-funded plan claiming that it was inequitable that the Plan recover all of the third party funds with nothing being left for the participant. The Court ruled that there was an equitable lien by agreement and that the Plan language was clear and not subject to equitable interpretation . See case.

The NYS