ERISA stands for Employee Retirement Income Security Act, which is a federal law that sets minimum standards for retirement plans in the private sector. Non-ERISA plans, on the other hand, are not governed by ERISA and are not subject to its regulations.
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.
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.
The employer maintaining the plan or the plan administrator of a Pension or Welfare benefit plan covered by ERISA. File Form 5500 to report information on the qualification of the plan, its financial condition, investments and the operations of the plan.
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.
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.
ERISA also does not cover plans maintained outside the United States primarily for the benefit of nonresident aliens or unfunded excess benefit plans.
ERISA plan is not subject to the strict ERISA fiduciary standards regarding exclusive benefits, prudent care, and diversification, but it is subject to state law and other standards.
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.
Government Plans: Plans established or maintained by federal, state, or local governments for their employees are generally exempt from ERISA. This includes plans for public school employees, state university staff, and municipal workers.