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.
ERISA requirements apply to all employer-based health plans, whether fully insured through a third party or self-funded. But, governmental plans offered by local, state, or federal governments are generally excepted from ERISA requirements.
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.
ERISA requirements apply to all employer-based health plans, whether fully insured through a third party or self-funded. But, governmental plans offered by local, state, or federal governments are generally excepted from ERISA requirements.
ERISA also does not cover plans maintained outside the United States primarily for the benefit of nonresident aliens or unfunded excess benefit plans.
(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 ...
Miami-Dade County provides retirement benefits for eligible employees through the Florida Retirement System (FRS). The FRS is qualified under Section 401(a) of the Internal Revenue Code and provides a defined benefit (FRS Pension Plan) and a defined contribution plan (FRS Investment Plan) option.
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.
Under ERISA, each person must be bonded for at least 10% of the $1 million or $100,000. (Note: Bonds covering more than one plan may be required to be over $500,000 to meet the ERISA requirement because persons covered by a bond may handle funds or other property for more than one plan.)
ERISA governs the claim only if ERISA covers the plan involved in the claim. ERISA applies to most employee benefit plans, including employee health and retirement plans. ERISA does not cover certain plans, such as government plans and church plans.