NEWWorklio Insurance: benefits and pay-as-you-go workers' comp, built into payroll.Learn more
HCM
BENEFITS

ERISA

ERISA, the Employee Retirement Income Security Act of 1974, is a federal law setting minimum standards for most voluntarily established private-sector retirement and health plans.

Updated 2 min read2 primary sources

ERISA sets the rules most private-sector retirement and health plans run under once established; the Department of Labor describes these plans as voluntarily established. ERISA requires plans to give participants plan information, including information about plan features and funding, and gives fiduciary responsibilities to those who manage and control plan assets. Plans must have a grievance and appeals process for participants to get benefits, and participants have the right to sue for benefits and breaches of fiduciary duty. Later amendments, including COBRACOBRA. COBRA is the federal law that lets eligible employees and their covered dependents continue group health coverage for a limited period after a qualifying event.Click to open the term, added protections for health plan participants.

Which employee benefit plans does ERISA cover?

ERISA’s coverage section generally reaches any employee benefit plan established or maintained by an employer engaged in commerce or in an industry or activity affecting commerce, by an employee organization, such as a union, representing such employees, or by both. The same section then lists five kinds of plans its provisions do not apply to, even when an employer sponsors them. A church plan is one of them unless an election has been made for it under section 410(d) of the Internal Revenue Code.

PLANCOVERED BY ERISA?
Retirement or health plan of a private employerGenerally yes
Governmental planNo
Church planNo, unless a section 410(d) election is made
Plan kept solely to comply with workers’ compensation, unemployment, or disability insurance lawsNo
Plan kept outside the U.S. primarily for persons substantially all of whom are nonresident aliensNo
Unfunded excess benefit planNo
SOURCES
  1. ERISA
  2. 29 U.S. Code § 1003 - Coverage

General information, not legal or tax advice. Apply current federal and state rules with qualified guidance.

RELATED TERMS

Your next payroll could be your first one on Worklio.