ERISA does not require any employer to establish a retirement plan. It only requires that those who establish plans must meet certain minimum standards.Find general information about 401(k) plans, the tax advantages of sponsoring the plan and the types of plans available. ERISA is a federal law that sets minimum standards for voluntarily established pension and health plans. This Handbook summarizes the main provisions of laws that provide benefits to certain State of Georgia employees. The following Bulletin is intended to inform Georgians why we cannot enforce Georgia's laws against ERISA plans. Self-directed 401k falls under federal code (ERISA) and 401k anti-alienation protection. 401k retirement assets are shielded from creditors in Georgia. This GRIST provides a basic primer on ERISA's preemption of state laws, including various exceptions, exclusions and court rulings. Under Department of Labor regulations, your retirement plan must maintain an ERISA Fidelity Bond.