Coleman

ORDER

Plaintiff brings this action seeking recovery of disability benefits under the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 , et seq. (ERISA) and state contract law. This matter comes before the court on defendant’s motion to dismiss plaintiffs state law claims on ERISA preemption grounds. I decide the matter on the basis of the papers and pleadings filed herein, and after oral argument.

I.

THE COMPLAINT

The plaintiff, Floyd Coleman, is employed as a probation officer by the County of Sacramento and was insured through a group long-term disability benefit policy issued by defendant Standard Insurance Company on behalf of the Sacramento County Probation Association, an employee association. Plaintiff alleges that he applied for and received long-term disability benefits under the policy on August 18, 1998, based on his knee condition and chronic back pain. Plaintiff further alleges that defendant informed him, on or about June 7, 2000, that “his case was being closed because he did not qualify for the ‘any occupation’ disability requirements since he could perform sedentary jobs.” Complaint, ¶ 8. The “any occupation” standard applied after 24 months…