However, ERISA plans are required to file a Form 5500 each year and such filings are publicly available. The filing of such forms is a good indication that a plan is governed by ERISA; however, it is not determinative and further investigation may be necessary.
The Employee Retirement Income Security Act (ERISA) covers two types of retirement plans: defined benefit plans and defined contribution plans. A defined benefit plan promises a specified monthly benefit at retirement.
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. Government and church employees typically have non-ERISA plans.
You may have to file multiple forms to report the details of your foreign pension, such as: Form 3520: Required if you have any transactions with a foreign trust. Form 3520-A: Required to be filed by the company that manages your foreign pension. Form 8621: Required if PFIC rules apply.
ERISA also does not cover plans maintained outside the United States primarily for the benefit of nonresident aliens or unfunded excess benefit plans.
A 401k is an ERISA qualified plan because it is a corporate defined-benefit plan and therefore employer-sponsored. The only time this isn't true is for employees who work for government agencies, religious institutions, or nonprofits. If your 401k is employer-sponsored, it's typically an ERISA plan.
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.
A claim for a comparable foreign pension with an 'agreement country' can be lodged with and processed by Centrelink. For any other country, a claim for a comparable foreign pension must be lodged directly with the country involved.
You may have to do this by completing a UK self assessment tax return. You should enter the income on the foreign pages. Please note that as of 2017/18, 100% of the overseas pension is reportable in the UK. For 2016/17 and prior years, only 90% of the overseas pension income was reportable.