Types of Employee Welfare Plans That Are Exempt From ERISA These plans are often governed by state law instead. Church Plans: Employee benefit plans established by religious organizations, such as churches, synagogues, mosques, or other houses of worship, are generally exempt from ERISA.
Check Your Plan Documents: Review your Summary Plan Description (SPD) or other documents. ERISA plans must provide an SPD that clearly states they are an ERISA plan. Look at Employer Contributions: If your employer contributes to the plan or matches your contributions, it's likely an ERISA plan.
Examples of non-ERISA health insurance plans can include: Churches or religious organizations. School systems. Government entities. Public workers. purchased on an individual basis through Covered California.
In general, ERISA does not cover plans established or maintained by governmental entities, churches for their employees, or plans which are maintained solely to comply with applicable workers compensation, unemployment or disability laws.
In general, ERISA does not cover plans established or maintained by governmental entities, churches for their employees, or plans which are maintained solely to comply with applicable workers compensation, unemployment or disability laws.
Anyone who works for a private-sector organization which sponsors retirement benefits such as pension plan or a 401(k) plan (or 403(b) for non-profits) receives an ERISA-governed benefit that becomes vested; i.e., non-forfeitable so long as the employee works for the employer for a sufficient number of years.
All 403(b) plans are subject to Title I of ERISA unless an exemption applies.
Qualified plans include 401(k) plans, 403(b) plans, profit-sharing plans, and Keogh (HR-10) plans. Nonqualified plans include deferred-compensation plans, executive bonus plans, and split-dollar life insurance plans.
In general, ERISA does not cover plans established or maintained by governmental entities, churches for their employees, or plans which are maintained solely to comply with applicable workers compensation, unemployment or disability laws.
Health insurance that is offered by a church or a governmental entity is not governed by ERISA. Neither are publicly- subsidized health insurance plans (such as Medicaid, NC Health Choice, or Medicare), or private health insurance bought in the non-group market.