About the Form 5500 Any administrator or sponsor of an employee benefit plan subject to ERISA must file information about each benefit plan every year (pursuant to Code section 6058 and ERISA sections 104 and 4065).
For example, Federal, state, or local government plans and some church plans are not covered.
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.
ERISA also does not cover plans maintained outside the United States primarily for the benefit of nonresident aliens or unfunded excess benefit plans.
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.
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.
ERISA plan is not subject to annual 5500 reporting. ERISA plan with over 100 participants does not require an annual audit. ERISA plan is not subject to the strict ERISA fiduciary standards, but it is subject to state law and other standards.
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.
Employer-sponsored group plans are subject to ERISA. This includes self-insured health plans, which typically aren't subject to state insurance laws. ERISA exempts these self-funded plans from certain state laws. Fully insured health plans are also subject to the regulation and any applicable state insurance laws.
(Under ERISA, states can regulate “the business of insurance.”) As a result, when issues arise with their health coverage, residents of California, like those in other states, may or may not have recourse to state regulatory agencies, depending on whether their employers have purchased fully insured products or have ...