Active enforcement activities include investigations, lawsuits, and the dissemination of information. Documents published by EBSA include the Reporting and Disclosure Guide for Employee Benefit Plans.
Under the ACA, employers with a certain number of employees must offer affordable health insurance coverage to their eligible employees. ERISA provides the framework for employers to meet these obligations, ensuring that employers properly administer health benefit plans and adhere to the ACA's coverage requirements.
The plan document should contain: Name of the plan administrator. Designation of any named fiduciaries other than the plan administrator under the claims procedure for deciding benefit appeals. A description of the benefits provided. The standard of review for benefit decisions.
All private employers and employee organizations, such as unions, that offer health plans to employees have to follow ERISA. Only churches and government groups are exempt. If you offer your employees health coverage, you'll have to follow certain rules and procedures as a result of ERISA.
Common types of employer-sponsored retirement accounts that fall under ERISA include 401(k) plans, pensions, deferred-compensation plans, and profit-sharing plans. In addition, ERISA laws don't apply to simplified employee pension (SEP) IRAs or other IRAs.
Basic ERISA compliance requires employers provide notice to participants about plan information, their rights under the plan, and how the plan is funded. This includes ensuring plans comply with ERISA's minimum standards, recordkeeping, annual filing and reporting, and fiduciary compliance.
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for individuals in these plans.
A common rule of thumb is any employer that offers a group-sponsored health plan must comply with the ERISA notice and disclosure, and possibly, reporting requirements unless an exemption applies.
Arrangements that are subject to ERISA must meet these reporting and disclosure requirements: Form 5500 annual reports and summary annual reports, • A written plan document and summary plan description (SPD), and • Participant notices.
Reporting and Disclosure Requirements: Service providers must disclose compensation or other information related to their service arrangements upon the request of the responsible plan fiduciary or plan administrator, reasonably in advance of the date upon which such person states that they must comply with ERISA's ...