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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.
In Canada, there is no single piece of legislation which sets pension standards rules for all registered pension plans (e.g., like ERISA in the U.S.).
U.S. Territories are required to follow ERISA Mandates. The U.S. Territories included are: American Samoa. Marianas.
What is ERISA? The Employee Retirement Income Security Act of 1974, or ERISA, protects the assets of millions of Americans so that funds placed in retirement plans during their working lives will be there when they retire. ERISA is a federal law that sets minimum standards for retirement plans in private industry.
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 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.
Basic ERISA compliance requires employers provide notice to participants about plan information, their rights under the plan, and how the plan is funded. This includes ensuring plans comply with ERISA's minimum standards, recordkeeping, annual filing and reporting, and fiduciary compliance.
Contact your regional EBSA office to file a complaint or an appeal after exhausting your insurance appeals process. You can also find ERISA information through the U.S. Department of Labor online at .dol/ebsa.
Filing an ERISA Claim: Step-by-Step Guide Step 1: Review Your Plan. The first step in filing an ERISA claim is to review your disability insurance policy thoroughly. Step 2: Gather Evidence. Step 3: File Your Claim. Step 4: Wait for a Decision. Step 5: Appeal if Necessary.