Foreign plans. Plans maintained outside the United States for the benefit of non-resident foreigners are exempt. This ensures that U.S. companies with overseas employees can provide them with benefits without having to comply with ERISA's stringent provisions.
ERISA also does not cover plans maintained outside the United States primarily for the benefit of nonresident aliens or unfunded excess benefit plans.
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.
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. Consider Your Employer: If you work for a private company, your plan is more likely to be ERISA.
For example, Federal, state, or local government plans and some church plans are not covered.
However, not all retirement plans are covered by ERISA. For example, Federal, state, or local government plans and some church plans are not covered.
Governmental entities, churches for their employees, and plans maintained solely for workers' compensation, unemployment, or disability laws are generally not covered by ERISA regulations. ERISA does not typically cover government and religious employers or plans maintained solely to comply with certain state laws.
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.
However, not all retirement plans are covered by ERISA. For example, Federal, state, or local government plans and some church plans are not covered.