The Employee Retirement Income Security Act (ERISA) requires plan administrators to give to participants and beneficiaries a Summary Plan Description (SPD) describing their rights, benefits, and responsibilities under the plan in understandable language. The SPD includes such information as: Name and type of plan.
Plans that fall under ERISA include defined benefits and defined contributions plans, 401 plans(k), 413b plans, EPSOPs, or profit-sharing plans. ERISA also covers private health plans such as health maintenance organizations (HMOs) and Flexible Spending Accounts (FSAs).
Accounts Covered by ERISA Common types of employer-sponsored retirement accounts that fall under ERISA include 401(k) plans, pensions, deferred-compensation plans, and profit-sharing plans. ERISA does not cover retirement plans set up and administered by government entities and churches, such as many 403(b) plans.
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.
Retirement plans and other benefits subject to ERISA ERISA also applies to employer-sponsored retirement plans. This includes defined benefit plans—which promise a monthly benefit upon retirement—and defined contribution plans—such as a 401(k). This includes the following types of retirement benefits: Pension plans.
Anyone who works for a private-sector organization which sponsors retirement benefits such as pension plan or a 401(k) plan (or 403(b) for non-profits) receives an ERISA-governed benefit that becomes vested; i.e., non-forfeitable so long as the employee works for the employer for a sufficient number of years.
Check Your Plan Documents: Review your Summary Plan Description (SPD) or other documents. ERISA plans must provide an SPD that clearly states they are an ERISA plan. Look at Employer Contributions: If your employer contributes to the plan or matches your contributions, it's likely an ERISA plan.
However, not all retirement plans are covered by ERISA. For example, Federal, state, or local government plans and some church plans are not covered.
Qualified plans include 401(k) plans, 403(b) plans, profit-sharing plans, and Keogh (HR-10) plans. Nonqualified plans include deferred-compensation plans, executive bonus plans, and split-dollar life insurance plans.
A 401k is an ERISA qualified plan because it is a corporate defined-benefit plan and therefore employer-sponsored. The only time this isn't true is for employees who work for government agencies, religious institutions, or nonprofits. If your 401k is employer-sponsored, it's typically an ERISA plan.