If you are a California public employee whose long term or short term disability benefits have been denied, the ERISA Law Center will fight for you to get the benefits to which you are entitled.
(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 ...
ERISA is federal law that is enforced by the U.S. Department of Labor, Employee Benefits Security Administration (DOL-EBSA).
ERISA also does not cover plans maintained outside the United States primarily for the benefit of nonresident aliens or unfunded excess benefit plans.
ERISA's “preemption clause” makes void all state laws to the extent that they “relate to” employer-sponsored health plans. Who interprets and enforces ERISA? The U.S. Department of Labor is responsible for administering and enforcing the ERISA law and setting policy for the conduct of employee benefit plans.
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.
Key Agencies Enforcing and Interpreting ERISA Law The key players are the Employee Benefits Security Administration (EBSA), a division of the Department of Labor, and the Pension Benefit Guaranty Corporation (PBGC), a federally chartered corporation.
Sign a Form Filing Signer Filing signers are: Plan administrators, employers/plan sponsors, or Direct Filing Entities who electronically sign the Form 5500/5500-SF/5500-EZ. Plan service providers that have written authorization to file on behalf of the plan administrator under the EFAST2 e-signature option.
ERISA also does not cover plans maintained outside the United States primarily for the benefit of nonresident aliens or unfunded excess benefit plans.