context: Although the United States Court of Appeals for the Fourth Circuit has not yet addressed ERISA's preemptive effects on state exemption statutes like Virginia's, several other circuits have. The majority of those circuits have held that ERISA's savings clause precluded preemption of state exemption statutes.
citation_a.signal: see
citation_a.parenthetical: holding Missouri statute that exempted pension plan benefits from bankruptcy estate was not preempted due to savings clause
citation_a.sentence: See In re Schlein, 8 F.3d 745 (11th Cir.1993) (holding Florida exemption statute for employee benefit plans was not preempted by ERISA due to savings clause); In re Vickers, 954 F.2d 1426 (8th Cir.1992) (holding Missouri statute that exempted pension plan benefits from bankruptcy estate was not preempted due to savings clause); In re Dyke, 943 F.2d 1435 (5th Cir.1991) (holding Texas exemption law was not preempted by ERISA due to savings clause).
citation_b.signal: see also
citation_b.identifier: 275 F.3d 604, 605
citation_b.parenthetical: acknowledging that exemption statutes dealing with IRAs are outside ERISA's scope and therefore not preempted
citation_b.sentence: See also In re Weinhoeft, 275 F.3d 604, 605 (7th Cir.2001) (acknowledging that exemption statutes dealing with IRAs are outside ERISA’s scope and therefore not preempted).