U.S. Territories are required to follow ERISA Mandates. The U.S. Territories included are: American Samoa. Marianas.
All private employers and employee organizations, such as unions, that offer health plans to employees have to follow ERISA. Only churches and government groups are exempt.
ERISA also does not cover plans maintained outside the United States primarily for the benefit of nonresident aliens or unfunded excess benefit plans.
ERISA applies to private-sector companies that offer pension plans to employees. This includes businesses that: Are structured as partnerships, proprietorships, LLCs, S-corporations, and C-corporations. No matter how your employer has structured his or her business, it is covered by ERISA if it is a private entity.
In general, ERISA does not cover group health 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 plan is not subject to the strict ERISA fiduciary standards, but it is subject to state law and other standards.
The FBAR is used to report foreign bank and financial accounts. The term 'financial accounts' is very broad and involves all different types of foreign accounts — including retirement plans.
Because specified foreign financial assets usually include foreign retirement plans, U.S. persons with a threshold amount of specified foreign financial assets must usually report their plans on IRS Form 8938.
Common types of employer-sponsored retirement accounts that fall under ERISA include 401(k) plans, pensions, deferred-compensation plans, and profit-sharing plans. In addition, ERISA laws don't apply to simplified employee pension (SEP) IRAs or other IRAs.
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.