ERISA does not require any employer to establish a retirement plan. It only requires that those who establish plans must meet certain minimum standards.For guidance on what may cause a 403(b) plan to be subject to ERISA, please consult the Department of Labor's rules. Learn the rules for beneficiaries inheriting 403(b) retirement plans including rollover options, cash-out distributions, and plan maintenance options. The requirement to file Form 5500 is not new for ERISA 403(b) plans; however, new rules have greatly expanded the amount of information that must be reported. ERISA is a federal law that establishes certain standards for retirement plans in the private industry. In general, there are four rules you must know in order to determine your vested benefit if you do not complete a year of service in a Plan Year. 1. If you have any questions about your ERISA audit, call us at to speak with an expert. Want to find out how we can help your business? All Ohio State employees are eligible to participate in the 403(b) and 457(b) Supplemental Retirement Accounts (SRA).