With no explanation, chose the best option from "A", "B", "C" or "D". id. § 203(d) (employer). This expansive reading of a nearly identical term from the FLSA suggests that “governmental plans” constitute a type of “employee, welfare benefit plans” under ERISA and, thus, under the ACA as well. At the very least, Cunningham demonstrates why resorting to cases interpreting isolated phrases from unrelated legislation offers limited help to the task at hand. . ' Finally, and' notwithstanding the fact that the text and structure of ERISA show that “governmental plans” constitute a type of “employee welfare benefit plan,” the State cites several cases standing for a presumption that the term “person” does not include the sovereign. See, e.g., Vt. Agency of Natural Res. v. United States ex rel. Stevens, 529 U.S. 765, 780, 120 S.Ct. 1858, 146 L.Ed.2d 836 (2000) (<HOLDING>); Will v. Mich. Dep’t of State Police, 491 U.S.

A: holding that a state or agency is not a person subject to qui tam liability under the false claims act
B: holding that a state agency is not a person subject to suit under federal false claims act
C: holding a suit against an agency of the state is a suit against the state
D: holding that the state police is a state agency
B.