The final order of dismissal under review is reversed, pursuant to the appellee’s confession of error, and the cause is remanded to the trial court for further proceedings upon a holding that on this record no showing was made below that the circuit court’s subject matter jurisdiction over the instant action was preempted by the Employee Retirement Income Security Act of 1974, [ERISA], 29 U.S.C. §§ 1001-1381. This reversal, however, shall be without prejudice to the appellee to renew its motion to dismiss as to count I of the complaint and submit whatever proofs it deems necessary to show that the circuit court lacks subject matter jurisdiction as to that count under the above federal act. We conclude, however, that as to counts 2-4 of the complaint the trial court clearly has subject matter jurisdiction under the above federal act — a conclusion which the appellee, in effect; concedes upon this appeal. 29 U.S.C. § 1132(a)(1)(B); 29 U.S.C. § 1132(e)(1)1; see Pilot Life Ins. Co. v. Dedeaux, 481 U.S. 41, 107 S.Ct. 1549, 1556, 95 L.Ed.2d 39, 51 (1987); accord Massachusetts Mutual Life Ins. Co. v. Russell, 473 U.S. 134, 146-47, 105 S.Ct. 3085, 3092, 87 L.Ed.2d 96, 106 (1985).

REVERSED AND REMANDED.