Erisa Law And Severance In Michigan
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ERISA applies to a wide range of employee benefits – pensions, 401(k) and 403(b) plans (non-government employees), disability, health, and life insurance benefits, along with severance and other benefits administered by employers.
Some but not all employer severance arrangements fall under ERISA's oversight. As a federal law, ERISA aims to regulate employer-sponsored group benefit plans, such as health insurance, disability, and pensions. However, certain severance packages can also fall under ERISA's definition of an “employee benefit plan.”
Generally, a plan may require an employee to be at least 21 years old and to have a year of service with the company before the employee can participate in a plan. However, plans may allow employees to begin participation before reaching age 21 or completing one year of service.
The total amount of the payments to be made may not exceed two times the employee's annual compensation during the last full year of employment. All payments must be made within 24 months following the employee's termination.
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.
Michigan's WARN Act ensures protection for workers facing layoffs or plant closures. Employers in Michigan must give advance notice to employees when they anticipate closures or layoffs, providing employees with ample time to seek alternative employment opportunities.
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.
IS AN ERISA FiDELiTY BOND THE SAME THiNG AS FiDUCiARY LiABiLiTY iNSURANCE? No. The fidelity bond required under ERISA specifically insures a plan against losses due to fraud or dishonesty (e.g., theft) by persons who handle plan funds or property.
Non-ERISA 403(b) plans do not involve employer contributions, involve voluntary plan participation only, and do not need to follow the stipulations of the Act.
For example, if your employer maintains a retirement plan, ERISA specifies when you must be allowed to become a participant, how long you have to work before you have a non-forfeitable interest in your benefit, how long you can be away from your job before it might affect your benefit, and whether your spouse has a ...
