All 403(b) plans are subject to Title I of ERISA unless an exemption applies.
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.
A 403(b) plan must generally allow all employees to make elective deferrals to the plan. Under the universal availability rule, if an employer permits one employee to defer salary by contributing it to a 403(b) plan, the employer must extend this offer to all employees of the organization.
Active enforcement activities include investigations, lawsuits, and the dissemination of information. Documents published by EBSA include the Reporting and Disclosure Guide for Employee Benefit Plans.
A common rule of thumb is any employer that offers a group-sponsored health plan must comply with the ERISA notice and disclosure, and possibly, reporting requirements unless an exemption applies.
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. If you offer your employees health coverage, you'll have to follow certain rules and procedures as a result of ERISA.
Under the ACA, employers with a certain number of employees must offer affordable health insurance coverage to their eligible employees. ERISA provides the framework for employers to meet these obligations, ensuring that employers properly administer health benefit plans and adhere to the ACA's coverage requirements.
ERISA requires plans to provide participants with plan information including important information about plan features and funding; sets minimum standards for participation, vesting, benefit accrual and funding; provides fiduciary responsibilities for those who manage and control plan assets; requires plans to ...
For example, if your employer maintains a retirement plan, ERISA specifies when you must be allowed to become a participant, how long you have to work before you have a non-forfeitable interest in your benefit, how long you can be away from your job before it might affect your benefit, and whether your spouse has a ...
For 2024, the 403(b) contribution limit is $23,000 for pretax and Roth employee contributions, and $69,000 for employer and employee contributions. Employees who are 50 and older can save an extra $7,500 in catch-up contributions, bringing their employee contribution limit to $30,500.