ERISA does not require any employer to establish a retirement plan. It only requires that those who establish plans must meet certain minimum standards.Requirements of the ERISA Fiduciary. Miller Shah LLP is known for its employee benefits litigation and fiduciary compliance work. ERISA includes requirements for both retirement plans (for example, 401(k) plans) and welfare benefit plans (for example, group health plans). Contact The Gold Law Firm PC online, or call 1- for a free consultation with one of our highly qualified Philadelphia employment lawyers. To safeguard 401(k) and 403(b) plan participants, ERISA requires employers and other fiduciaries to exercise loyalty and good judgment. 29 U.S.C. § 1104(a)(1). The primary purpose of it was to establish minimum standards for employersponsored retirement plans, such as pensions and 401(k)s. There are minimum requirements for qualifying ERISA plans, including reporting, recordkeeping, and fiduciary compliance.